Taking judicial notice isn't much different from what I am saying now. The only thing is it's going to be less clear. You're still going to end up with litigation because the defence will be able to say, “Well, you can't take judicial notice of it. What are you basing that on?” As a defence lawyer in a case, I would say it's not that the Hells Angels being a criminal organization is not a fact well known to the public--one of the tests for judicial notice. I'm saying that rather than reinventing the wheel and creating more problems, more litigation, which I'm not in favour of.... Look, I know there are some defence lawyers out there who litigate for the sake of litigating. That has never been my style, but it's going to happen. What I'm saying is that to avoid inefficient trials, you need to simplify it. On the face of it, you may think listing is going to simplify it, but it's not; it's going to create parallel collateral proceedings that don't need to exist if you just let the crown prove it.
You heard from the prosecutors. They're telling you they're getting better at it. It's still new to them in terms of how they can prove it. They are getting more efficient at it. And really, that's what this issue is: how can we help them get better at it and more efficient at it faster? Changing the law isn't going to make them better; it's going to make it new and they're going to have to start from scratch.