I appreciate the nature of the motion, and I think I understand fully what you're attempting to do.
Again, with something like that, prior to the Department of Justice advocating such an approach, I think we'd want to consult fully with stakeholders who are on the front line of the administration of justice, to ensure that it worked as intended. My concern at first, with the limited time I've had to look at this, would be that, for example, in the substantive body of subsection 753(1), this type of codification of what I believe is already occurring under the common law and requirements under the charter as well might better be placed, if it were required, in the more procedural sections preceding section 753, or, for example, in the AG consent section, which is after section 753.
But overall, I would suggest that in fact there are current requirements on the crown, required in common law and by charter jurisprudence, for full disclosure prior to the hearing actually occurring. Typically, this occurs with the seven-day notice and AG consent being filed with the court. Again, typically we're confident that if that didn't occur, defence would have a strong case to force the crown to disclose prior to any argument on section 753 merit.
So, again, I do appreciate the intent here, but I would suggest, number one, that before being confident that this worked as intended, we would have to fully consult, and number two, it's most likely that this is already required, for the most part, by common and charter law.