Sure.
The effect of the amendment would be to establish a new system of statutory damages, with a mandatory minimum of $1,000 and a maximum of up to $100,000. Statutory damages were not included in Bill C-8, and I would note the following consideration around statutory damages.
The amendment would have the effect of limiting the discretion of judges. Currently, judges have full discretion, based on the evidence provided to them in specific court hearings, to make a determination on what damages are appropriate. I would just quote the Trade-marks Act, which states:
Where a court is satisfied, on application of any interested person, that any act has been done contrary to this Act, the court may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits....
Courts are using this discretion now, and we expect that they would continue to do so should Parliament approve Bill C-8.