The provision, Mr. Chair, is in fact the same wording that appears in Bill C-44, and so it's tracked in this particular piece of legislation.
As the member indicated, if the threat diminishment power is to be of use when it is done outside Canada, it would really negate the power if that were subject to the laws of the foreign jurisdiction allowing the service to do what it is they propose to do. So the issue wouldn't only arise in relation to Five Eyes partners. It could arise in relation to other jurisdictions that may actually have a hand in the very activity that the service is seeking to diminish as a threat to the security of Canada, and that is seen as an illogical result that you would have to basically get the consent or do something in accordance with the laws of that jurisdiction.
Whether or not other countries have that type of provision in their legislation, that really reflects the nature of the legislation they have. It is a rather—if I can describe it this way—indelicate thing to say in legislation, and that may be precisely why it doesn't appear in legislation. States do not like to say that on the face of a statute, but because the issue was raised in other litigation involving Federal Court warrants, and it was addressed in Bill C-44, it would have been an anomaly if, in this particular power to take threat diminishment measures, it was restricted to doing what was permissible according to foreign law, quite apart from the fact that, as was indicated, it would be extremely difficult for CSIS as well as the Federal Court judge to know fully what the foreign law on a point was.