I'll start, and maybe Mr. Beardall will finish.
In terms of why this is coming forward, or the context, this was another one of the many issues that were discussed in the context of FPT ministers responsible for justice at all levels, officials up to ministerial. It was viewed as another tool that could be used as part of all these other tools to address delays in the system.
You raised the point about admissions and that this happens as a matter of fact already in some cases, and certainly that's true. You're right that the idea of routine police evidence and what that means seems a bit nebulous. Could this include everything police officers do? I would draw the committee's attention to the factors that are articulated in the legislation as a way of guiding decision-making in terms of what kinds of evidence might be subject to an affidavit and admitted by all parties. In the legislation, we talk about things like “making observations”. That could include, for example, police officers swearing an affidavit as to what they observed at the crime scene when they arrived—i.e., “I arrived. There were other police cars. There were three police officers present.” It would be things of that nature. Another example is “handling evidence”. This is the chain of evidence that has come up in discussion already. Another enumerated point in the legislation is “other routine activities”, which might be something like the steps a police officer took to secure the crime scene.
So it will be context-specific. The factors that allow the judge to allow the evidence in by way of affidavit will determine the types of evidence that can be accepted. If it's central to an issue at trial, it will not likely be allowed through the affidavit of the police officer. If it's more peripheral and it's a voir dire, rather than going to the essential elements of the offence, then it may be admitted. The scheme itself provides the framework to help guide the decision-making. Ultimately, it will be a matter of practice in the system to see how the regime is applied.