Mr. Speaker, I would like to express my appreciation to my colleague for Hamilton-Wentworth for his intervention in this debate.
I did ask about the import of section 278(3) and was told that the intent of that section was to remove the notion of fishing trips by the accused or their counsel. Relevant records could still be brought forward but just any old thing could not be brought up and the judge had to go through it.
I am very interested in the member's construction of this section which says that in fact this would bar the judge from bringing forward these records. I would agree with him if that is the import of the section that it would cause some real concern for people who are accused under this so-called repressed or false memory syndrome.
I think too that some of the construction which could be put on the mandate given to the court of certain public policy considerations could interfere with the pure notion of justice.
The member has made some extremely troubling and serious points in the debate about section 278.3(4). I would like to ask the member if he studied this, what evidence or authority can he bring to bear to suggest that there really is no discretion at all on the part of the court, that it would simply close the door on these records being brought forward? I have been given to understand that although it prevents fishing expeditions, it did not absolutely close the door. Perhaps the member could discuss a bit more why he has taken that position.