I think the important point to consider is just to reiterate what Colonel Penny said. With the wider prohibition on transport under Canadian criminal law, it applies to any person on Canadian territory. In other words, it might also apply to nationals of a foreign state for whom the transport of cluster munitions is not a criminal offence. Overflight was mentioned as a possibility, port visits as another. With the Canadian Forces directive, it only applies to Canadian soldiers,, i.e., it criminalizes essentially under the Code of Service Discipline the conduct of persons over whom the Government of Canada has control, and we do not wish to extend our own criminal law, in this sense, to nationals of states or to individuals who might be in the lawful exercise of their duties because their state is not a party to the convention we have named to cross Canadian territory. So that is where the distinction lies, as we do not seek to unduly affect individuals coming from nations that do not consider themselves bound by the convention.
A recording is available from Parliament.