Again, for the sake of clarity, Mr. Chair, we are proposing that clause 2 amended by adding after line 4 on page 4 the following:
(2.1) In an action under subsection (1), the defendant is presumed to have committed the act or omission that resulted in the loss or damage to the plaintiff if the court finds that (a) a listed entity caused or contributed to the loss or damage by committing an act or omission that is, or had it been committed in Canada would be, punishable under Part II.1 of the Criminal Code; and (b) the defendant--for the benefit or otherwise in relation to the listed entity referred to in paragraph (a)--committed an act or omission that is, or had it been committed in Canada would be, punishable under any of sections 83.02 to 83.04 and 83.18 to 83.23 of the Criminal Code.
Again, I would ask leave for the person from the public safety department to comment on this, Mr. Chair.
Thank you.