I see that a part has been done. With regard to the communication of information, it says that if that information is provided, the results of devices are reliable. Very well. That is a step in the right direction in that this requires the prosecutor to provide those documents to the accused person.
We have a different interpretation, however, from that of our departmental colleagues as to the Supreme Court of Canada decision in R. v. St-Onge Lamoureux. For our part, we think more documents should be provided. The results from the device and the documents pertaining to its use at the time of testing are of course important. We would also have added the documents pertaining to the past performance of the device. In preparing for this appearance, I read that the deputy minister did not consider this relevant. I respect his opinion, but the fact remains that many legal experts will disagree and in fact consider it relevant, since the Supreme Court of Canada found in R. v. St-Onge Lamoureux that a reasonable doubt about the maintenance of a device can be raised when the test is conducted, but also before the test.
Rather than closing the door and focusing exclusively on the list, we suggest that it be expanded and that the burden of proof not be placed on the accused if one wishes to obtain that list. The communication of evidence is a basic principle recognized in the charter. The prosecutor has a duty to provide it to the accused.
I understand that a good many prosecutors consider it tedious and rather complicated. However, people also said that getting the evidence was complicated prior to the Supreme Court decision in R. v. Stinchcombe, in 1991. It might be complicated, but we are bound by the law. That is not rooted in the charter but in common law. It took decades to refine this.
To answer your question quickly, I would say that, to protect Canadians, the Quebec Bar is suggesting that the list be expanded and that accused persons not be made responsible for asking for information about the devices.