But in terms of implementing the Convention on Cluster Munitions, what we have attempted to do is to criminalize the specific actions the convention calls on us to criminalize in, I think, clauses 6(a) through 6(d) of the bill,. Then the following paragraphs of the clause incorporate the elements of the Criminal Code on aiding, abetting, counselling, conspiracy, attempting, and being an accessory after the fact.
The bill itself was drafted, I may say, as a closed loop. Clause 6 creates a set of specific offences with specific actus reus elements, and then clauses 11 and 12 opt out certain people in certain situations from exactly the same offences. If you transpose something from another piece of legislation into this particular context, what you have is a codification of one offence—aiding and abetting in particular—and an exclusion from a different offence.