Historically, we've seen that the courts, the prosecutors, the Crown and defence lawyers will often determine what the final charges will be. We are definitely at a point in time, versus what has happened historically, when we're looking at multiple charges rather than just charging for the most egregious crime that was committed. In this case, it would be murder.
There are factors that continue to compound the crime that was carried out. Let's say an individual abducts someone. They still have a chance to rethink their decision to kidnap someone. They could walk away from it. If they commit a sexual assault, they've made the next step. Again, they could release their victim and just face the potential of two charges. If they carry out the third act, why would we just say that we're nailing them with murder, it being the most egregious crime they committed and the one with the stiffest penalty, when they had a chance to show remorse? They had a chance to change direction on the path they were taking, and yet they still carried out the abduction, the rape and the murder. I think prosecutors and police would want to prosecute and charge based upon all three crimes committed in that one individual case. I think it's clear in the bill that it's on the same transgression against the same victim.