Mr. Speaker, I too would like to thank the hon. member for Hamilton-Wentworth for his interventions, which I know from experience are interventions that will add to the value of the legislation we are addressing. I hope the member opposite will raise this as the bill progresses to committee. If there is substance to the concern particularly as it surrounds false memory syndrome, it is something we had better inoculate this bill against.
I would bring to the attention of members that what Bill C-46 does, at least in the interpretation of what I bring to the debate, is it clarifies the circumstances when such records may be subpoenaed. It was not considered advisable that the term "likely to have relevance" be left to a case by case judicial interpretation. Specifically, the records cannot be subpoenaed at a preliminary hearing, only at trial. This is a very important distinction. They cannot be brought forward at a preliminary hearing, only at trial. At that time there is a two-step process, first to establish the relevance of the documents and second, an examination of the documents by a judge in private.
Does the member think that the legislation would be improved if part of the legislation was that the judge who reviews the evidence may not be the trial judge?