Mr. Speaker, I do not know how to answer that. I see what the member is getting at.
One problem of the trial judge being the sole arbitrator is that the judge himself can make a mistake. The problem is these records are being examined in camera. I would prefer if it was not just the trial judge, that there was another person in authority who could examine the records at the same time.
My difficulty is that the accused is fighting for his freedom. I even think it is appropriate for the accused to go on a fishing expedition if that is a way of trying to find evidence he believes exists that will either prove his innocence or discredit the complainant. On the other hand I am sensitive to the problem of the victims as well.
Where I think the line should be drawn is that the accused should have the option in this legislation of asking for whatever records he or she likes, so long as the records are reviewed in camera by the trial judge, and I accept the member's point, and one other person, one other official of the court or somebody else. We can then make sure that the records are being handled in a non-prejudicial fashion because it is possible for a trial judge to be prejudiced.
I think the bill can be corrected and still achieve its basic target, but only if we always allow the accused the opportunity to defend
himself absolutely by the production of records. It does not matter even if those records are held in camera, just so long as the accused and his counsel can see those records.