It definitely seems apparent that the way the legislation is drafted, from a criminal law point of view, it aims to prohibit breeding, save for that one exception where it's done for scientific purposes and is authorized by the province. To be honest, we don't have any precedents in the Criminal Code for criminal offences around breeding animals. I couldn't say with any sort of certainty how that would be interpreted in terms of what level of intention would be required. But on general criminal law principles, one would think it would have to be proved that the managers at the facility were deliberately or intentionally seeking to have the whales come together to do what they do.
On March 18th, 2019. See this statement in context.