Just so we know where we are right now.... Mr. Erskine-Smith, in addition to the language you're currently proposing, I assume you have deemed these friendly amendments and you are accepting them. In proposed subsection 160(5), instead of “The court may”, we're now saying “The court may, in addition to any other sentence it may impose”. As well, in all the places where it says “animal or a bird”, you're striking the words “or a bird”.
The conversation has been about whether or not we should replace the word “accused” with the word “offender” in proposed paragraphs 160(5)(a) and/or 160(5)(b), presumably (b) being more important than (a), I understand. The department has weighed in, saying that we create an inconsistency with the existing wording in section 447.1, which has already been interpreted. I don't know that anybody has ever heard of a problem with the interpretation that's been given to that section.
Therefore, may I make a suggestion, colleagues? I get the point, and I agree with Mr. Davies. However, given that this wording is in another part of the code, I don't know that it's wise to have two contradictory words, because then somebody is going to say there's a reason we did that.
Maybe we can just move, with that amendment, to debate. Is everybody in agreement with that amendment?