I was looking at the amendment, and the purpose is to change the language describing the time limit. The Criminal Code stipulates that witnesses and the victim be informed of the order “at the first reasonable opportunity”. Bill S‑12 uses the wording “as soon as feasible”. CPC‑3 would change that to “immediately”.
I understand the idea is to make sure it's done as soon as possible, and obviously, I agree with that. The word “immediately”, however, is open to interpretation. How soon is “immediately”? Is five minutes too late?
Clearly, it doesn't make sense for the prosecutor to interrupt the judge to inform the witness in passing that there is an order. I think “immediately” should be interpreted as being done as soon as feasible, as soon as possible, at the first opportunity.
I don't think the amendment is helpful. I actually think it would have the opposite effect and complicate things by opening the door to contradictory rulings, given that the courts could interpret the word “immediately” in all sorts of ways.
I think the language Bill S‑12 uses, “as soon as feasible”, is reasonable. If we really want to change it, we're going to have to indicate what exactly “immediately” means. We could say that witnesses and the victim have to be informed as soon as feasible, but within 48 hours or something like that. Otherwise, the word “immediately” can't be enforced. It can't be done at the very moment the judge says it.
The French version even says “immédiatement”. It's the same word. I think we need a time period, however short it is.