Both the CACP and Mr. Woodburn on behalf of his association mentioned the “shall prove” or “prove the fact”. Clearly, they see that issue as a potential stumbling block. All of a sudden we're going to have these trials within trials to prove every fact of the case, and defence lawyers are going to insist on it.
I don't know; maybe that could happen. Obviously I'm neither a lawyer or a drafter, but if indeed that part of the wording in the sections that are proposed to be changed—the “shall prove” or “prove the fact”—is the major sticking point, then maybe the committee needs to look at changed wording; rather than that formulation, say “provide information” about the accused, or “provide information regarding the accused's criminal offence”, “provide information regarding whether the accused has been charged with another”, or that is “outstanding on”—softer language that has the same result, which is that it's going to be clear that you “shall provide” it, but it's just using different language.
It seems to me, and certainly this is my translation of what Mr. Woodburn and the CACP said, that this is definitely a major sticking point for both of them. I raise that as a potential solution from somebody who quite frankly doesn't have the background these folks have, but this might help. I don't know.