Thank you, Mr. Chair.
This is a fairly straightforward amendment. It deals with honest but mistaken belief in the section that pertains to when that defence cannot be advanced.
Under proposed paragraph 153.1(5)(c), the intent of the language is essentially to codify the Ewanchuk decision. The Canadian Bar Association raised a concern in their submission that the word “actively”, which is added to the subsection in proposed paragraph 153.1(5)(c), could cause some confusion as to what the meaning of that word is.
My amendment would simply remove that word to remove any ambiguity or any issues that might arise in terms of litigation over whether there is a meaning to that word “actively” so that the subsection would plainly reflect paragraph 49 of the Ewanchuk decision, which I believe is the intent of the subsection.