Thank you, Madam Chair.
First of all, I would like to thank the honourable member for proposing that the requirement for written reasons be replaced by language that is already reflected in the Criminal Code. It is reflected in section 278.8 as well as 276.2 with regard to third party record application hearings as well as rape shield application hearings. Also, they require either written reasons, or if those written reasons are not possible, that the reasons be entered into the record of the proceedings. Therefore, they would be made available and it would be clear for the parties and anyone else who is interested in having the information about how that decision was rendered. That replies to the evidentiary provisions.
However, the proposal here would have it apply to all the sexual assault matters that are enumerated in this bill, and therefore, would expand it without requiring written reasons in every case, which, as noted, could have significant implications for the effectiveness of the administration of justice and consequently for these cases of sexual assault before the courts.
These provisions that already exist in the code have withheld constitutional scrutiny. They have been maintained.
There is a desire to remain with existing language in the standards for drafting in the code. As they have already been interpreted, it makes it easier to use the similar language within the code.
They also remain within the constitutional mandate of Parliament for criminal law and criminal procedure and do not stray into the administration of justice by specifying exactly how the reasons would then be dealt with once they are on the record. They have been made available in the application of these provisions because the courts know there is an interest in them and a specific requirement for those reasons to be transcribed and available on the record. As a result they are regularly uploaded onto CanLII, which is a free website with a database of over a million judgments and decisions from all the Canadian courts, as well as laws. That website is maintained through the Federation of Law Societies in collaboration with a private company.