The question was then whether the infringement of the right was rational and as small as reasonably possible. The respondents claimed that it was not, since they were Canadian, had most of the crimes taken place in Canada, and could be tried in Canada.
The central concern was whether the infringement on a right was justified and minimized to the extent feasible. The respondents asserted that this wasn't the case due to their Canadian nationality, the majority of offenses occurring in Canada, and the potential for trial there.