I sympathize with the government's desire to protect Canadian soldiers from prosecution if they're somehow involved, even peripherally, with cluster munitions, but I don't think you need such strong legislation. It goes the furthest of all legislation that's been passed by 84 ratifying countries in trying to say what soldiers can do.
In fact, I believe that provisions of this legislation are in contravention of the convention because they go so far in allowing Canadian soldiers to use cluster munitions and whatnot. A much reduced clause 11 in the legislation would be much more palatable to our NATO allies and to countries around the world and those like Norway that are really pushing for the Oslo convention to succeed in the widest possible measure.
There are other options. The landmine option is a viable one for me. It's no active participation and no active assistance with the use of cluster munitions. If you had this, for instance, under General Natynczyk's watch in Iraq, if the Americans had used cluster munitions but he wasn't even aware that they had them, he couldn't be prosecuted because he wasn't aware of that at the time. He wasn't actively participating in the use of cluster munitions.
You just need to be able to have legislation that puts the bar at a level whereby you're protecting Canadians from almost any conceivable scenario in which we've taken protection not to be part of the cluster munitions use.