As I said at the beginning in response to the first question, there is no gap in the law. If there is a gap, it is a public relations denunciatory gap, to say that we want to denounce another type of conduct, which is already covered legally by the law, but we want to give more denunciation for conduct where there are two intents, an intent to cause the conduct and an intent to cause the severe pain and suffering.
Parliament can do that. Parliament can call that anything it wants. As opposed to aggravated assault, it could call it grievous aggravated assault, but once it calls it torture, that causes all the complications we have been trying to explain with respect to the implications of 269.1, our international obligations, and the global fight against torture. By having confusion of numerous offences called torture, it gives other states the ability to say, “You know what, we'll do the same thing. We'll have a confusing law, and we can skirt our international obligations because we won't have to prosecute our officials for state torture. We'll prosecute them for something else, and then we won't have to announce to the world that we had state torture in our country.”
As I said, if Parliament wants to create a new offence, it is the freedom of Parliament to do so, but Parliament should not call it torture because that has implications. We already have an offence of torture. Call it something else.