Thank you, Justice Lussick. The Chamber will recall in our submission on Monday we made clear the need to approach these issues on a case by case basis and indeed the rules do speak to a presumption that these documents are public. The Chamber nonetheless retains the discretion on a case by case basis after undertaking this balancing act, if you will, between the rights of the accused and the purposes or utility of having these documents in the public domain. The Chamber does have the discretion to say in this particular instance perhaps it will not serve much of a purpose if these documents were public. That is for your Honours to determine.
Our position at the fundamental level is that the presumption is in favour of the public nature of these documents and to the extent on an individual basis your Honours determine that a particular exhibit should not be public, the Chamber of course has the right to do so.
I would stress again that any automatic classification of closed session documents into a confidential category would substantively vitiate the rights of the accused to a public trial. Our position remains that we have to approach these on a case by case basis.