Yes.
In British Columbia, we've seen the erosion of cross-examination through our immediate roadside prohibition scheme. I have personally dealt with cases in the Supreme Court of British Columbia on two occasions where police testimony by affidavit, through that mechanism, has led to findings of a superior court where an officer either has been providing evidently false evidence or has committed apparent perjury—interestingly, the same officer in both cases.
I've also had the opportunity to cross-examine officers outside the immediate roadside prohibition context on the affidavit of evidence that they've submitted in immediate roadside prohibition cases for charges that arise collateral to the immediate roadside prohibition, namely, “driving while prohibited” cases. In those cases, when confronted with things that would constitute evidently false and apparent perjury in the police evidence, the police witnesses have realized the error of their ways only through my cross-examination, and sweeping changes to police practice in filing this affidavit evidence have been made as a result of the cross-examination that occurred. If you eliminate cross-examination, you eliminate the opportunity for police to learn that what they are doing doesn't meet the standard of truthfulness that's required of them.
In our brief—and I appreciate this committee only got it this afternoon and probably many of you haven't had the opportunity—