Yes, I'd be happy to clarify that.
Just to be clear, Trépanier was decided on April 24. The individuals accused at courts martial are represented by counsel, and they certainly are aware, through their counsel, of their rights and what Trépanier has meant for their rights since April 24.
What we're talking about here or what was struck down in Trépanier is the prosecutor's right to choose the type of court. That has been struck down. When that occurred, there were a number of courts that had been already convened, so the prosecutor had already determined what type of court would try the accused. Those courts had been convened and started in some cases.
In those cases where the courts have started, the accused are aware of their rights and are given the opportunity to object to being tried by the type of court chosen by the prosecutor. In those cases where they have objected, the courts have stopped; the accused haven't been tried. In those cases where they haven't objected—in other words, they have either expressly or implicitly waived their constitutional rights, just like you can do when you appear before the police for an interview, and have decided they're happy with the type of court convened—then the court has continued. So the accused has said, “I'm happy to be tried by this court; let's get it over with. I want this to be done.” Those courts have continued and have gone to conclusion.
So with respect to this clause—which is here to ensure that we don't put ourselves in a position where there's uncertainty or lack of clarity—when the bill comes into force, there may well be cases ongoing where the accused has essentially said they're happy with the type of court trying them. That court can then go on to completion, rather than having to stop and create more uncertainty as to whether or not it can even be recommenced. If it doesn't recommence, obviously the accused may not be held accountable or have the opportunity to put forward his position with respect to the charges. The court may never be able to reconvene again. If it does reconvene, if it legally can reconvene—and I think that would be questionable—you're delaying the completion of a trial for an accused who wants to get it over with, if you don't let the trial run its course.
So those are the things that happen if you don't let it continue. If you do let it continue, the accused, as I say, has had the opportunity, through counsel, to object to the court. To date, the judges who are hearing these objections are stopping the courts; they're not proceeding.