In my view, they do.
As Ms. Kanji rightly stated, one of the biggest challenges, if this were to go to court, would be on what's called the specific intent—the intent, either in whole or in part, to eliminate a group. In my view, that's where China will try to make its defence: “Well, prove it.” Ms. Kanji quite rightly came up with certain types of evidentiary evidence that would be required to prove that intent.
The big problem I foresee, however, in terms of taking it to a court, is that China has not become a party to the International Criminal Court, and if we were to take it to the International Court of Justice, again, China would probably deny it has jurisdiction.
This is why I think it is very critical for Canada, first of all, to show its resolve by having the Magnitsky sanctions apply, but second, to work with allies, especially if we can have a future U.S. administration that is willing to work with all the democratic countries, to put together a democratic strategy to put more and more pressure, including private sector pressure, on China to stop its actions.
It's going to take a long time. It's going to be very complex, but we have to start, and start now.