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Fisheries committee I'm not going to be able to provide very much helpful information on this because my expertise is in criminal law. This is really a question about the conventions related to legislative drafting more generally. However, I can say that in my experience drafting legislation, someti
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee I can only say that at first blush, that does sound like a reasonable proposition. However, the explanation from my colleague at the Department of Justice, who is a legislative drafter, sounded exactly like the sort of thing that she would be an expert in and it also sounds reaso
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee Jacqueline Yost.
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee While in our view it's always good drafting for Parliament to expressly articulate the mental element for particular offences, there are certainly examples in the Criminal Code of offences that don't have a particular mens rea articulated. The Supreme Court has made clear that wh
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee It seems to be a clarification. It doesn't seem as though it would change the substance of what is intended to be provided.
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee (Amendment negatived: nays 6; yeas 3)
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee I think this amendment is fairly clear in what it's intending to do. So, with respect to the possession of cetaceans, it would make clear that, yes, the cetaceans that are born, but that had already been conceived before the coming into force, would be grandfathered in. I also th
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee I don't believe I have a copy of this amendment.
April 2nd, 2019Committee meeting
Joanne Klineberg
Fisheries committee I think ultimately that would come down to what sorts of mechanisms each province would put in place, in order to assess whether or not—
March 18th, 2019Committee meeting
Joanne Klineberg
Fisheries committee Right. Just the requirement to obtain the licence.
March 18th, 2019Committee meeting
Joanne Klineberg
Fisheries committee I think I can only respond by pointing to what the law will prohibit.
March 18th, 2019Committee meeting
Joanne Klineberg
Fisheries committee Right. The law—in particular the Criminal Code amendment— grandfathers all of the cetaceans that are currently in captivity. From the day that the legislation would come into force if it's adopted, all of the cetaceans that are alive and in captivity will be allowed to be kept. U
March 18th, 2019Committee meeting
Joanne Klineberg
Fisheries committee That's my understanding of the way it gets described.
March 18th, 2019Committee meeting
Joanne Klineberg
Fisheries committee As I understand it, the amendments to the Fisheries Act would prevent—
March 18th, 2019Committee meeting
Joanne Klineberg
Fisheries committee Right. Possibly the amendments to WAPPRIITA would prevent new cetaceans from being imported into Canada, but I can allow my colleague to speak there. The other relevant part of the Criminal Code amendments is the ban on the breeding, so that no new cetaceans could be born—
March 18th, 2019Committee meeting
Joanne Klineberg