I. – Overview – 1 – (00:00:29)

II. – Relevant Statutory Provisions – 15 – (00:11:10)

III. – Issues – 16 – (00:11:21)

IV. – Analysis – 17 – (00:11:43)

A. – Statutory Interpretation of the Provisions – 17 – (00:11:45)

(1) – Overview of the Impugned Provisions – 19 – (00:12:34)

(a) – Stage One – 22 – (00:13:51)

(b) – Stage Two – 30 – (00:18:24)

(c) – Overlap Between Section 276 Evidence and Private Records Under Section 278.1 – 34 – (00:19:32)

(2) – What Is a Record? – 35 – (00:20:15)

(a) – Two Groups of Records – 38 – (00:22:11)

(b) – Identifying Non-Enumerated Records – 42 – (00:24:21)

(i) – Text and Scheme of the Record Screening Regime – 43 – (00:25:05)

(ii) – Framework to Apply – 54 – (00:33:06)

(iii) – Specific Types of Records – 61 – (00:38:36)

(iv) – Summary of the Analytical Process – 68 – (00:42:47)

(3) – Who Do the Impugned Provisions Apply to? – 73 – (00:44:57)

(4) – When Is Evidence “Adduced” Such That an Application Is Required? – 76 – (00:47:12)

(5) – What Is the Appropriate Timing of an Application? – 82 – (00:50:44)

(6) – What Is the Scope of Complainant Participation? – 87 – (00:54:19)

(a) – Complainant’s Receipt of Application – 91 – (00:56:03)

(b) – Complainant’s Attendance and Submissions – 97 – (00:58:37)

(c) – Complainant’s Ability to Cross-Examine and Lead Evidence – 100 – (00:59:48)

(7) – Are Motions for Direction Permitted, and Can Complainants Participate? – 103 – (01:01:03)

(8) – Do Complainants Have Appeal Rights Under the Impugned Provisions? – 106 – (01:02:47)

B. – Charter Analysis – 111 – (01:05:02)

(1) – Analytical Framework – 113 – (01:05:58)

(2) – Key Principles of Section 7 of the Charter – 116 – (01:08:37)

(3) – Key Principles of Section 11(d) of the Charter – 123 – (01:12:53)

(4) – Section 278.92 — Threshold for Admissibility – 126 – (01:14:26)

(a) – Section 278.92 Does Not Impair Fair Trial Rights – 127 – (01:15:13)

(b) – Section 278.92 Procedure Is Not Overbroad – 134 – (01:20:50)

(5) – Section 278.93 — Stage One Application to Hold Hearing – 144 – (01:26:47)

(a) – General Principles – The Right to Silence and the Principle Against Self-Incrimination – 144 – (01:26:55)

(b) – No Self-Incrimination Under Section 11(c) Due to Testimonial Compulsion – 149 – (01:29:20)

(c) – No Defence Disclosure Undermining Right to a Fair Trial – 151 – (01:30:35)

(i) – The Right to Silence Does Not Entail an Absolute Rule Against “Defence Disclosure” – 154 – (01:32:04)

(ii) – The P. (M.B.) Concern About Crown Advantage Does Not Apply – 164 – (01:37:26)

(6) – Section 278.94 — Stage Two Hearing Procedure – 171 – (01:42:01)

(a) – No Deprivation of Relevant Evidence – 173 – (01:43:18)

(b) – No Impact on Prosecutorial Independence – 176 – (01:45:14)

(c) – No Violation of the Right to Cross-Examine – 181 – (01:48:29)

(7) – Final Conclusions Regarding Constitutionality – 191 – (01:56:35)

V. – Disposition – 192 – (01:57:00)

VI. – Costs – 194 – (01:57:30)