In fairness, I'm not. You're quite right.
I was relying on the testimony of the senior Justice officials who have canvassed the views of other prosecutors. Could you find one, two, or ten prosecutors who think their lives might be made easier by the listing process? I'm sure you could, but I think there should be a dispassionate look at it by Justice prosecutors, who are always looking at ways to save money in prosecutions. That is an area of the government's budget on which no one enjoys spending money because it doesn't really produce anything, other than maybe public safety. Prosecutions are a big sinkhole in a big way, so they're always looking to save money.
On your point about why I would say it was constitutionally suspect despite the fact that I was involved in the constitutional challenge to the criminal organization provisions--the new offences--I never thought they would succeed. The courts have been very clear, certainly the Supreme Court, that Parliament can criminalize virtually anything it wants.
I was on the constitutional challenge to the criminalization of marijuana. The case went to the Supreme Court of Canada. The court in that case made it quite clear that it was up to Parliament to decide what should be criminal; however, courts take a much different view about procedural rights. They jealously guard procedural rights. Parliament can make anything into a criminal act, but you can't shortcut how you're going to prove someone committed a criminal act. That's when the courts get very cautious, and that's what you would be doing with this.
I'm just saying you'll be giving the people for whom you want to expedite prosecution the very thing they need to further delay the prosecution. That's what I'm trying to get you to understand.