We could identify two points in the criminal justice process where there may be a result of increasing delays because of this legislation. The first would be the fewer number of people who we would anticipate pleading guilty by virtue of the automatic mandatory minimum sentence being triggered. More people might say, “I'll contest my trial; there are some issues with respect to defences, and I'd rather run the risk of having a trial rather than pleading guilty knowing I'm automatically going to go to jail.” So the increased number of trials could create a strain on the resources.
The second difficulty with the strain on the resources would come into play at the sentencing stage, where in my experience oftentimes I won't hold all crown attorneys to the strict proof of aggravating factors by calling evidence. I would say they could read in those aggravating factors, and I would talk about my mitigating factors, and we would let the judge decide.
It may be the case where more counsel now are going to put the crown to the strict proof of proving all of those aggravating factors because they trigger a mandatory minimum sentencing, again increasing the length and complexity of sentencing hearings.