I agree that as a general principle, clarifying the law usually means it's easier to prove actus reus, all things being equal, but I guess there are a couple of points that I think need to be made on that point. The first, of course, referring back to Mr. Sopuck's invocation of Supreme Court jurisprudence, is that the same Supreme Court jurisprudence that says that Parliament's jurisdiction is over the fishery, defines the fishery as a resource and as a system, and that the jurisdiction over the resource includes jurisdiction over all parts of the system. I think that's an important point to make.
And then, in terms of this subsequent issue, the wording of this legislation, I think it is arguable that there is some confusion about what exactly those words mean in the prohibition, as my colleagues' remarks have demonstrated, and I think the court would be similarly justified in wondering what it means. When we say “fish that are part of a commercial recreational or aboriginal fishery”, for instance, what is permanent...? These are not exactly clarifying terms.