You would have to legislatively amend the provisions, because the common law now creates a very limited regime, as I've talked about. You would have to amend the Criminal Code to allow a judge to engage in a challenge for cause process to question potential jurors about issues related to bias.
To some extent, judges do this through some initial screening in their opening remarks, talking about whether they know anyone associated with the case, that kind of thing. We certainly do it when we have high-publicity cases, when we want to make sure no one has formed an opinion about the case. There are, however, certain types of cases where people have strong opinions about whether or not people are likely guilty or probably guilty, likely innocent or probably innocent, and these situations would not now be caught by the normal challenge for cause provisions.
I'm not trying to invite more work and study. Sometimes I think, frankly, we spend too much time studying and looking at these things. Action is certainly required, but sometimes a simple solution to a complicated problem, like just eliminating the peremptory challenges, doesn't actually solve the complicated problem.