dealing with it at the outset focusing on what the case needs and it seems to me then that discretion really is all about the exceptional circumstances in the case that discretion follows Jordan because Jordan recognized the need for a concrete plan but it involves engagement as well

Justice Morrow, I think the only thing I would add to that is that I agree with you.

A rule that says every sexual assault case is particularly complex or every challenge to a search warrant is particularly complex is obviously not the answer because that is not inherently true of every single case.

But I think some direction from the court about pretrial motions in particular would be helpful.

And it doesn't have to be all sexual assault cases are complex or all Garifullis are complex, but some direction that recognizes the particular type of motions that are making it virtually impossible to get cases through within the timelines, particularly in the provincial court.

would be something along the lines of looking at the nature and scope of pretrial motions and the fact that they can, on their own, make a case particularly complex.

And examples that this court could potentially point to, to illustrate the point, would be challenges to warranted search powers that involve... evidentiary records or multiple steps, for example, Step 6 of Garofoli, you know, that where the court is able to go and go under the redactions and there's judicial summaries prepared for counsel.

Thank you very much.