The burden of proof comes into play in the second analysis; that's clear. The purpose of the next motion that must be introduced is to evaluate C-53. Yesterday I learned that a first leading case will be mounted by the RCMP. I'm just as troubled as Mr. Ouellette to learn that, a year and a half later, we haven't used it, but, on the other hand, as long as we live in a system in which the Charter applies, we'll never be able to completely reverse the burden of proof.
The burden of proof will always be reversed in a second analysis. Once the chain of possession has been established and it has been determined where the asset comes from and through which hands it passed, Bill C-53 provides for a reversal of the burden of proof. However, I admit that that proof is hard to make.