In general, there can still be territorial jurisdiction in Canada over an offence where part of that offence happens in Canada. So in the case of calls, for example, the person receiving the call would be in Canada, and that would form part of the offence, so the territorial principle would still apply. In the example that was given, for example if a party has entered into an agreement with a calling service provider outside of Canada, there would be jurisdiction over both if there was an issue there for enforcement, and obviously the party would be there, in Canada, to enforce against as well.
So, in our view, there's not a gap here, and for greater certainty it can create problems if it creates an inverse inference for other clauses, such as offences. So if we're being specific here, there could be issues for negative interpretations elsewhere.