Good pollie answer Leddie. ICAO airpsace it is; WHAT ICAO airspace is the issue.
As for "un-alerted see and avoid", please read the history of the development of CAR 166, use of a serviceable comms radio never was optional (in law --- if not in the minds of too many pilots), but the revised CAR 166 make it quite explicit.
And the relevance of CAR 166 to E link airspace is??