Yes, it is, in part.
The other issue was that there was a measure of discomfort in placing minimum penalties of imprisonment in the Excise Act. The Excise Act, as you know, is a revenue statute. While it's viewed as being okay to have minimum fines in a revenue statute, there was, as I say, some discomfort in having minimum terms of imprisonment there. Therefore, it was thought best to put it the Criminal Code.
Also, there was a sense that something of a more noticeably criminal nature needed to be attached to trafficking in contraband tobacco. Something like that was better placed in the Criminal Code, where it was clearly and obviously a criminal offence, rather than putting it in the Excise Act, where people would ask, “Well, is it really criminal, is it only fiscal?” That was another part of the reason.