Again, I can't provide legal advice. I can say that the motion is proposing a different mens rea than what is currently in section 83.221. That can be a policy decision for the committee to discuss.
When you look at the terrorism provisions, there is no defence akin to what is being proposed. Those defences model the hate propaganda defences. Therefore, the committee may wish to consider whether that's the right fit. What is being proposed is not a hate speech offence; it's more akin to a terrorism counselling offence.
