I'll start with the routine police evidence, because we've talked a bit about preliminary inquiries. We are against the admission of what is called routine police evidence by way of affidavit. We strongly urge this committee not to adopt that amendment.
We understand and acknowledge that there are certain areas of evidence that do not necessarily always require the calling of witnesses. Issues relating to continuity, or the issues that are captured in proposed paragraph 657.01(7)(b), "analysing, preserving or otherwise handling evidence", relate to a category of evidence for which you rarely require witnesses.
As far as the amendments are aimed at trying to streamline and be mindful of time constraints and efficiencies, we don't take issue with that. What we take issue with is the question of what is being called routine police evidence, which covers so much. In our respectful submission, it has no place in the Criminal Code.
Quite simply, it would put an onus on the accused to demonstrate why the Crown has to prove its case. That's really a reversal of the burden of proof, so I think it's important for us to put this on the record.