Mr. Raymond Byrne:

I will ask Mr. O'Malley to comment on this also. The commission does not generally comment on individual cases but we have noted in the report that a number of situations did arise where prosecutions under the existing law, which requires intention or knowledge, led to convictions. What we suggest, although it is very difficult to always predict exactly how a law will work out, is that it would be useful to include in the definition of what amounts to fraudulent activity the concept of subjective recklessness in the criminal law, namely, the mental element or mens reaof offences. Therefore, while it is impossible to predict what exactly might happen in the future, the commission felt that it would be appropriate to include that concept of subjective recklessness. The word "reckless" would by definition then be included in the mental element of the offence. Mr. O'Malley will be better able to talk about the detail of that.