The difference is that if you do it the way I'm suggesting, almost all of your charter concerns evaporate, because now if there is new evidence in the second case--let's say it's the second Hells Angels case, for ease of reference--that wasn't presented in the first Hells Angels case that I say may effect the judge's decision as to whether the Hells Angels Manitoba are a criminal organization, I'm not precluded from presenting that to the decision-maker. If you make it a listing process, you have a whole host of problems in terms of whether I'm getting full disclosure of whatever the decision-maker, the judicial body or the cabinet body, is using to make the listing decisions. You're going to have delays because you're going to have collateral attacks. In my method, it's the same decision-maker making one decision. There will be virtually no viable charter claims if you just use the normal evidentiary process to decide the issue. Eventually, it will become so commonplace that the crown will have a standard affidavit that they'll just send around the country. Like the prosecutor from Alberta--I think that was his name--told you, in many of these cases the defence doesn't have anything to say; they just don't have instructions from their clients to admit it.
It's the perfect scenario. The crown tenders the affidavit. I don't have the authority to admit it on behalf of my client, but I have nothing to say in answer, so there's only one side of the story. The judge has to make the finding that it's a criminal organization, and you have no problems, no collateral judicial attack, no wasted time, no charter challenges going to the Supreme Court of Canada. It's simple, nice, and clean.