Thank you, Mr. Chair.
Thank you, Mr. Caputo.
I am also preoccupied by this aspect, and you are so right to raise it. There are people who are being exploited who are not aware of it for a variety of reasons.
In my opinion, paragraph 279.04(2)(b) covers this type of situation:
(b) is able to give informed consent considering their age or other personal circumstances, such as their financial situation or mental condition.
This means that a person who is not aware that they are being exploited by another person, due to their personal situation, is covered and protected under paragraph 279.04(2)(b), and the exploiter will be found guilty of the crime he or she is accused of.
However, in the case of a person who is considered a victim, depending on the meaning of the word, but who is able to give informed consent and who consents in an informed way to the actions of the accused, we believe that the accused should not be convicted for that.
Every crime necessarily involves an aggressor and a victim. If there is no victim, usually there is no crime.
Unless, again, the victim is not able to give informed consent or is not aware of the situation but is rather a kind of silent witness.
I think paragraph 279.04((2)(b) takes into account Mr. Caputo's concern. I think that is a very valid and important concern.
Once again, I think that paragraph 279.04((2)(b) covers those cases, while allowing the accused to have a valid defence to offer in the event that, regardless of the circumstances, there is an agreement between two individuals for actions that some or all of us might find unacceptable, but that are not for those two individuals.