You said that judges weren't involved enough at the pre-trial phase, which is where some of these disclosure issues could be resolved. It's a theme that Michael Code and Justice LeSage recently picked up on in a report that I believe was published in Ontario several months ago. The idea of the report was to try to identify the problems in prosecuting major cases. Of course, it's an issue that's synonymous with the theme today, which is discussing guns, gangs, and drugs.
You mentioned that whatever legislative response we may come up with will ultimately be overturned, because the Supreme Court of Canada will say that the charter applies. If one looks at Stinchcombe very closely, it does not take long to figure out that the reasoning and the fact pattern that informed the decision was varied. It was a garden variety case, a small case.