But it seems to me, Mr. Lévesque, that this is a solution in search of a problem that doesn't exist. As much as it will in fact create a new hurdle in terms of requiring seeking leave, when I look at the factors that the court would consider, it would include such things as the nature of the proceeding, the extent to which evidence is central or peripheral, whether and the extent to which that evidence is expected to be contested, the accused’s right to make full answer and defence, and so on. It seems like there could be a whole lot of litigation involved in sorting that out.
On September 17th, 2018. See this statement in context.