I don't presuppose how any case not yet before the courts will be treated, but in any criminal proceeding, it would fall to the defence lawyers, the crown, the crown attorney, or the judge himself or herself to make that application if they deemed that in a case before them it was appropriate to have the provisions of this bill kick in. So it will be dealt with on a case-by-case basis.
On June 21st, 2011. See this statement in context.