196Killing or injuring member of listed threatened species or community

196  Killing or injuring member of listed threatened species or community  (b) the action results in the death or injury of a member of a species or a member of an ecological community; and  (c) the member is a member of a listed threatened species (except a conservation dependent species) or of a listed threatened ecological community; and Note 2: This section does not apply in the circumstances described in section 197. A defendant bears an evidential burden in relation to those circumstances. See subsection 13.3(3) of the Criminal Code.