I can't be that specific, but I can tell you that requiring what we call “reserve reasons”, like written reasons, could possibly delay the outcome for litigants. Let's face it: litigants are first interested in being successful, but secondly, in finding out the results and not being left in limbo.
Let me take what Professors Koshan and Craig said. I can't remember which one said this, but they're absolutely correct. The requirement to sit down and write it out makes you think whether or not you're coming to the right conclusion. We have an expression in judgment writing: if it doesn't write, you've got a problem with where you're going.
What we train judges to do in our oral judgment course is to hear the evidence, to hear the submissions, and to adjourn. You take the time overnight or take the time to the next week, and you set another hearing date. But that night or that weekend, whatever it is, you sit and you write it out so you have something. Then you go into court. You have your decision. It is written. You read it. It's audio recorded, and people can get a copy of it.
So there is the process of writing. What it avoids is the stack that I can always see on my desk, where I take what we call “reserve judgments” and I line them up. At some stage we know there's going to be delay.
I think the process of writing something down is good. My view is that it's probably not necessary to legislate written reasons, which might suggest this process of reserve judgment.