Again, to come back to my earlier remarks, the proposals in Bill C-309 would only kick in if the offence of rioting or committing or participating in an unlawful assembly have already been made out.
The offence is there. The question is that in the facts of the case, did the accused actually wear a mask or other disguise to conceal their identity, so it becomes a question of the facts in the case. The crown would be looking to lead evidence to indicate the intention, to prove the intention. They still have to prove that they were wearing it for the purpose of concealing their identity.