But reversing that situation, if you're sitting as an appellate court judge looking at a situation in camera, a judge may say, “Well, I don't have to act in a proportional context in this particular case; it's so egregious that I don't care what the Charter of Rights and Freedoms is going to say, so I'm going to grant the warrant.” First of all, I think that may be subject to appeal, and I think it just reinforces the unconstitutional nature of that particular definition.
