I understand the process better now after those explanations.
However, I'm concerned about fairness. We talked about deference and de novo. This is a de novo review or hearing, so if you go into the courts, does that mean that the issues, principles and facts can all be challenged and started all over again? Does that put Joe average person, who's been offended, at a disadvantage, because he has to face a whole new review, a whole new consideration and a whole new offence to be determined?