It seems to me the solution is to improve the mega-trial process throughout. It may be that in some cases it is going to take a week to prove that there is a criminal organization, but that's the price of having trials and proof beyond a reasonable doubt. My friends from the police organization did not cite any cases where a prosecution has been ended because they could not prove that it was a criminal organization. Judges and juries have a certain degree of common sense, and it isn't all that unusual that Justice McMahon and others would come to a conclusion that the Hells Angels is a criminal organization.
Even if you had the listing—and even if they did not challenge it to the Federal Court of Appeal or under the charter—you would have to establish that this particular accused was acting for that criminal organization, in addition to the crime.
I believe one of the representatives talked about three things that have to be proven in most organized crime cases. What I'm suggesting is that this solution only addresses one and may open up more problems and more charter challenges than it actually closes. If there is empirical evidence that most organized crime trials are being consumed with 40%, 50%, or 60% of the time spent proving that it is a criminal organization, then yes, we may have a problem and there may be a section 1 justification.