Bill S-217 just changes the “may” to “shall”, as in “shall...lead evidence.”
It's not “shall prove”, as everybody keeps saying. It's “shall...lead evidence to prove”.
Now I think, and I'll tell you candidly, that the introduction of “the fact” in the legislation is unfortunate. I don't think it belongs in there, to be perfectly honest. So I think that it could be amended because I think that's partly the reason there's confusion on this point, but ultimately speaking, from my perspective, it doesn't change the evidentiary burden because it's something that the crown is doing on a daily basis. It just says “shall...lead evidence” as opposed to “may...lead evidence”. Right? We just want them to lead evidence.