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Transport committee  Yes, there were extensive consultations with industry. There weren't extensive consultations with the public generally, in the sense of the individuals who utilize these services, because you can't have that kind of consultation with your average, ordinary Canadian. They did go to industry, and industry is basically the adventure tourism operators, and of course they're going to favour it because it removes them from the act and it gives them limitation of liability.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  I have two points. I wasn't talking about the lien aspect. My earlier comments were solely about the adventure tourism aspect. I don't know that users were or even can be approached, because the general public doesn't have an association. With respect to the lien, I'm not sure I totally understand your question.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  I would absolutely hate that.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  If I get a call at 12:20 from a ship supplier who has a new lien, I can have that ship under arrest by four o'clock. It is not going anywhere. Then I've got absolute security for my client's claim, and nine times out of ten, I'll be paid by 10 the next morning.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  Now I can have it arrested, but I don't have a lien, which is a problem. But now I can get it arrested.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  How do I get it arrested? I file a statement of claim in the Federal Court, together with an affidavit to lead warrant, and it's very easy.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  They do, but it'll be much faster than trying to get, with all due respect, government enforcement people. They're not going to get it done by four o'clock. And if it's after four o'clock, you're not even going to find anybody to do it.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  A small claim will cost you $300.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  Not very much in terms of that aspect. But you're quite right, they do, so I'm not going to sit here and say I know the law of every country.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  If the ship is there, any judge will undoubtedly accept jurisdiction on the basis of the in rem presence of a ship within a jurisdiction.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  The new lien provision won't apply to Canadian ships. It only applies to foreign ships. I don't know that the Canadian shipowners—

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  I'm not a shipowner and I haven't had to finance a ship, so I'm not going to say whether they're right or wrong.

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  What I understand the provision is for is specifically to remedy a situation that has developed under Canadian law because of the way in which conflicts of laws are dealt with under Canadian maritime law. Not to get into that, but the problem has been predominantly with respect to foreign vessels, not exclusively but predominantly.

April 30th, 2009Committee meeting

Christopher Giaschi

April 30th, 2009Committee meeting

Christopher Giaschi

Transport committee  Correct.

April 30th, 2009Committee meeting

Christopher Giaschi