Fisheries committee  —as a result of the Criminal Code amendments.

Fisheries committee  Well, that would be for you to decide.

Fisheries committee  It's a sophisticated little problem of criminal law when part of a criminal offence looks like it's taking place in Canada, and another part looks like it might be taking place in another country. The scenario you're describing involves someone in Canada who's paying for promot

Fisheries committee  It's because part of what constitutes the crime might be happening in Canada and another part might be happening abroad.

Fisheries committee  That will be your decision. I can only tell you what the possible legal outcome of such interpretations might be.

Fisheries committee  If there were ever to be a prosecution, yes.

Fisheries committee  Right.

Fisheries committee  In my experience, I would consider it very unlikely.

Fisheries committee  As a matter of federal criminal law, the criteria is what Parliament, in its wisdom, decides they should be. Scientifically, that might be a question better asked to the scientists, in terms of what level of scientific confidence can we have that being in captivity is sort of inh

Fisheries committee  I think from a criminal law point of view, the only answer I can give to that question is that, as drafted, what the legislation seems to do is, in respect of cetaceans, to require that if there is going to be scientific research done, that a licence has to be obtained from the p

Fisheries committee  I can't other than to say that, in reading through some of the speeches given at second reading, I seem to recall reference being made to some other countries that have bans on keeping cetaceans in captivity, but off the top of my head, I couldn't tell you which they are.

Fisheries committee  No. I'm only able to say that, from a federal criminal law point of view, if Bill S-203 is not enacted, there would not be a requirement under federal law for the aquarium to obtain a licence from the provincial government in order to be able to engage in scientific research, whi

Fisheries committee  I can get pretty close to unequivocal on this.

Fisheries committee  Again, from a criminal law point of view, when we have offences that have a series of different action verbs in them, you want to look at all of them in the same context and make sure that any interpretation you're giving to one is consistent with the whole. When I look at the

Fisheries committee  Yes, again I think if the fundamental premise is that the breeding is being prohibited because all the whales born in captivity will face an inherently cruel life, then it would likely be constitutionally sound under Parliament's criminal law jurisdiction.