Just to be clear, regarding the offences I listed, there isn't just a presumption against detention, but they are excluded completely.
There are two ways you could do it. You could open the availability of pre-trial detention to every offence, because the test, as it's set out for pre-trial detention, is quite strict. However, if as a policy you wanted to distinguish the serious offences from the less serious ones, you could do that by perhaps having a presumption against detention, which there currently is, but at least give the crown the ability. If that were the case, I would suggest that the current way the presumption is drafted be revisited somewhat, because that presumption has been interpreted by the courts as very, very strict, and some courts have even said it's not rebuttable—although that varies.
So I would suggest that for the less serious offences, you still allow for pre-trial detention, but perhaps you might have a presumption. And then for the others, you have the regular test. That would be a way to do it.
I think, overall, we would like to see the court have the discretion and the tool to deal with any offence based on its facts in terms of pre-trial detention, and not have a presumption at all.