This amendment was proposed by the Canadian Bar Association delegation when they came. It replaces the word “reckless” because it's not clear enough. There was a decision in R. v. Hamilton by the Supreme Court where they were critical of the term “reckless”, which appears someplace else in the Criminal Code. I don't know what the fact situation was in that case. They equated “reckless” with a substantial and unjustified risk. That's the wording I've put into the amendment I'm proposing.
The risk is that if we don't put in the clarifying wording, which is the Supreme Court's wording, at some point somebody will challenge this section and have it struck down as being too vague. Given that we have the opportunity to do that and directions from the Supreme Court of Canada that it's the type of wording they want used, it seems to me it's appropriate we do this.
Thank you.