Circumstantial evidence
is real evidence, and stands up in court on a regular basis:
http://en.wikipedia.org/wiki/Circumstantial_evidence
From what we've seen in the ITO, I think the TPS has more than enough evidence to
charge Ford. What I think is going on is that the Crown wants the "smoking gun" so that a
conviction will be a slam dunk, in order to avoid the "politically motivated" "left-wing conspiracy" bullsh*t if Ford was tried and
not convicted.
I also think the OPP backed off because of all the arrest "chatter", when in fact the TPS hasn't even gone to them yet with their complete case. Just my $0.02.