No, not necessarily. The point is, we're dealing with this legislation and how this legislation deals with an exemption for what is otherwise first-degree murder. When one appreciates what the mental state is for first-degree murder and one appreciates the way the legislation is presently constructed, it is my view that somebody who has simply made an objective error could be convicted of murder. That's problematic.
The legislation is also internally inconsistent in this respect. There is the offence of “failing to comply” with the safeguards. It's hard to reconcile that offence carrying a maximum of five years, because failing to follow the safeguards would mean that you're also committing a culpable homicide. I don't actually understand what type of conduct that offence is actually gathering, because deliberately.... The offence that's in the statute is about people who knowingly fail to follow the safeguards, which is actually different from the example that I've given of somebody who made a mistake honestly but it was an unreasonable one by an objective standard.
Here, in the statute, you're saying, well, people who flaunt it deliberately and knowingly fail to follow these safeguards face the five-year maximum, but in reality they wouldn't, because they would also be committing a culpable homicide. I find that part of the legislation internally inconsistent.