Subsection 429(2) does not use the same terminology at all. There is a different shade of meaning between “where he proves that he acted with legal justification or excuse and with colour of right” and “wilfully and without lawful excuse”.
I have just figured out what my colleague Mr. Casey meant in his amendment. My understanding is that he wants to respond to the testimony and make Bill C-35 stricter. In other words, he does not open the door to any kinds of excuses. If that happens, the person is guilty. I think I have understood that aspect, but I would still like to go back to the difference in meaning, because there is one.
A main section says that the entire clause needs to be interpreted in a certain way, but the same terminology has not been used. Does that mean that the words “wilfully and without lawful excuse” also suggest a lesser burden? To me, that wording seems a little softer and more gentle than “where he proves that he acted with legal justification or excuse and with colour of right”. In the latter, the burden is a little heavier.