Of course it removes crown discretion. You're not going to see other parts of the Criminal Code where it tells us to call certain evidence. Cases like Boucher, Krieger, Miazga all entrench as sacrosanct the idea of crown discretion, and we need to have that to operate freely and independently in the justice system.
When we talk about tertiary ground, you want to add two things. One, you want to show whether or not they have never failed to be in court before, and whether or not they are out on another matter, or have committed other offences. Tertiary ground has historically been for our most horrible crimes where the public is looking at us and saying this person doesn't have a criminal record, this person hasn't committed any crimes, but they committed this murder that's so horrible that the administration of justice would be in disrepute if we release them. That's what the third ground is saying. Of course we're taking into account the other parts of bail.
What's it saying when we say this is a horrible crime but we add on that they didn't fail to attend court, and they don't have any outstanding record? When you have six different factors under the third ground it waters it down. It doesn't enhance the third ground. When you see somebody arguing on the other side and they say of course it's terrible, of course he had a gun, of course he's going to get a lengthy period of time, but on top of everything else he doesn't have a criminal record, he hasn't committed any other crimes in the past so we should let him go, we don't want to water down the third ground by adding those two. It's already innately in that bail section; it doesn't need to be added.
I apologize if I went over time, and I apologize if I was a little more blunt than I should have been.