I know the committee is looking for helpful suggestions to make this bill better. Assuming that this is the final version that passes, there is one thing that can be done to alleviate some of those concerns. If this application is brought mid-trial, and if there are provisions to have an in-camera hearing at which there is statutorily mandated non-disclosure of that information by the crown or the state to the complainant, a trial judge would still, much as under the current section 276 applications, be able to vet those questions ahead of time.
The defence counsel will know to a better extent what is relevant and what is not relevant, because it won't be brought so far in advance, and some of those concerns we've raised about tailoring of evidence may not arise because that information will not be disclosed to the complainant.