The government must have tools to prevent acts not yet committed, said Justice Ian Binnie.
"The whole point is that it's intended to be preventative," said Binnie. "Does the state sit on its hands until something terrible happens, and then prosecute if anybody is alive ... to prosecute?"

This all brings to mind another Supreme Court challenge. One inwhich Clifford Olson petitioned the courts to be released into the general population of the institution he was in. His reasoning was, being held in solitary confinement was cruel and unusual punishment and unconstitutional. The challenge to his petition came not from the government or from Corrections Canada, it came from the inmates themselves. With representation, obtained on their own, their argument in a nutshell was this; If you release him into the general population of this, or any other institution, you know he will be killed, and if you want him executed, do it yourself!