Mr. Chair, I have some thoughts about the fact that this provision, which the amendment seeks to remove, may be something that the courts would be implying anyway. For that reason, I want to oppose the amendment, because I think it's far better to have it on the record that this is the kind of provision that people are facing if we enact this subclause.
However, and I know it is not my right to ask a question, I said earlier that I do respect Ms. Duncan's previous expertise in dealing with the courts on environmental issues. And before I comment further, if she so chose, I would be happy to ask her whether or not she feels that in a similar way to subclause 16(4), the courts would likely engage or would likely propose this kind of a provision anyway, whether we have it in the act or not. If she doesn't wish to help me out with that, I understand and wish to speak further, but for now I'll simply offer her that opportunity.