Mr. Speaker, our government will always raise legally viable arguments in court. That is what the law demands and what Canadians deserve. Litigation guideline number 14 does not preclude Canada from relying on any specific defences but requires a principled basis and evidence to support the defence.
Regardless of the directive, the government would never make arguments that do not have a principled basis and evidence to support them. Canada has appealed the Cowichan court ruling, and all viable defences remain on the table.