I quite agree with you. That's also my understanding, but I wonder if Bill C‑9 could have been an opportunity to clarify those issues.
Isn't it possible to include that? I don't mean an automatic measure but at least the possibility for the Canadian Judicial Council to require full or partial reimbursement when the judge is found guilty. The idea is to ensure that the judge doesn't get the impression in a mediation process that this is an all-you-can-eat buffet. It's pretty hard to convince someone to accept a settlement when he knows from the outset that he can drag the process out and won't have to pay fees because they'll be reimbursed by the government.
It seems to me we may be passing up an opportunity to acquire an instrument for encouraging parties to settle situations of this kind. Haven't you considered it?
As you said earlier, I know this isn't clear.