Thank you, Mr. Chair.
This amendment would remove the actus reus of acts against a nuclear facility, or an act that causes serious interference with or serious disruption of its operation, from proposed section 82.3.
If, as Mr. Casey suggests, the amendment is being proposed to make it clear that the mens rea or “intent to cause death, serious bodily harm or substantial damage to property or the environment” applies to both the making, possession, use, transfer, etc., and the acts against nuclear facilities and operations, this legislative intent is already clear in the parliamentary record, as stated in both the Senate and the House of Commons.
In fact, as Mr. Koster has just explained, the government amendment in the Senate to remove an extra “who” in the English version of the offence was made to be consistent with the French version. In so doing, it makes certain that the mens rea applied to both actions.
Therefore, in my view, this amendment is simply not necessary.