Madam Speaker, there are two points.
First of all, my understanding on the preliminary hearings is that they account “for only about three per cent of all court time.” Maybe we have a difference in terms of the statistics here, but if that is all preliminary hearings do, then I think most people would agree that on a benefit-cost analysis, they are not effective. I would point out that there is still the ability to have preliminary inquiries on some of the more serious matters.
In terms of re-victimization and the trauma of having to testify, I completely agree that there are cases in which that aspect is indeed relevant. We heard in the justice committee about human trafficking and some of the trauma that victims face when they have to testify not once but twice. I am sensitive to that, but I think drafting can provide better discretion to deal with that problem head-on. It is an issue, and I acknowledge that issue, but in terms of a time saver, it troubles me greatly, and it should trouble all members of the House, when an experienced criminal justice lawyer like William Trudell, head of the association, says that it is going to result in more wrongful convictions. I have to say that I find that very troubling.
I understand that greater disclosure is possible now, unlike when we first brought preliminary inquiries into our system, but that is not a sufficient answer to look the witness in the eye, recognize that they are going to be a terrible witness in trial, and in fact not have a trial because we realize that it would never stand up with that witness.