At the heart of the question on this amendment is the issue of mens rea. I wonder if Ms. Klineberg can give us her advice on this. In an amendment to the Criminal Code, usually there has to be a wilful intent or intent to be shown in order for serious convictions or prosecutions to proceed.
Without the word “knowingly”, does that change the level of the bar for a criminal charge being laid and prosecuted, and would we indeed actually capture people who, without knowledge, are committing either negligence, recklessness, wilful blindness or the other types of mens rea?