Mr. Speaker, there has been some confusion on that issue. I thank the hon. member for raising the question.
In my experience from time to time third party records get into the hands of the crown through police investigation. For instance, victims may have told the police they can talk to their social workers or psychiatrists. Those things get into the police file and ultimately get to the crown.
They are third party statements. They would be subject to this test. The fact that they are out of the hands of the third party and into the hands of police and/or the crown does not make them fodder for the defence. They have to be vetted in the way set out in the legislation by the judge.