I would have to have an explanation. What do you mean by “has started”? Has the charter been read in, or whatever? Is it not possible to go back and provide the accused with the right to elect? I don't have a full memory of the Trépanier decision, but that's one aspect of it. It may well be that in some cases the accused may elected to have the very trial that he or she is being faced with at the moment. That doesn't necessarily mean you're going to turn the clock back in every instance, but I'm posing the question.
Really, I don't have the full deck of cards. Maybe you do. It hasn't been provided to me.