I'll start with the first one.
“Least restrictive” is a constitutional standard. It's just impermissible under Canadian constitutional law to hold people in restrictive circumstances and in a restrictive status that is not necessary and that is not the least restrictive.
I think that's an important question and I think that the language should be there because upholding constitutional and charter rights needs to be done in legislation. If we're going to be taking away people's rights, we also need to ensure that the protections are set out in statute so that there is no confusion and the public knows that Parliament is doing its job properly and seriously and the Correctional Service knows as well.