The practice and conduct of criminal law and administrative law are quite different. We are dealing with administrative law in this context.
In the scope for review in an administrative law context, there's a body of case law, but the most important decision is probably the Supreme Court's 2019 Vavilov decision. This spells out what are reasonable criteria in an administrative law context.
The proposed provision in question is so new and so outside of the normal practice of administrative law that we're still grappling with it and still trying to unpack exactly how it could be operationalized. It will take us some time to do so. That's one example of the types of things we are trying to think about—how this could be implemented—along with some of the other things I mentioned, such as the provision for the use of confidential information in this context in the Canada Evidence Act.
We probably don't have a crosswalk here, but it's going to take us a while to try to figure this one out.
