That's really what I was trying to get at in some of my comments.
It's probably useful to think again about the distinction as to what is intended to be accomplished. In a criminal offence, we intend to punish the offender. In remedial legislation, such as human rights codes and human rights acts, we intend to improve the conditions of society and to protect individuals.
The kinds of requirements that are to be found in the Criminal Code are extremely important. They are central to our charter in their protection of people accused of crimes. But if the purpose is to protect society from a dangerous mode of conduct, in this case speech, then the Criminal Code is an awkward vehicle to accomplish that.
That in fact is why I agree wholeheartedly with Mr. Toews's submission on behalf of the Canadian Bar Association that penalty provisions that currently exist in the Canadian Human Rights Act are anomalous, incongruous, and probably should not be found there.