Thank you, Mr. Chair.
First of all, I just want to address something: nobody is frogmarched. The characterization is insulting to soldiers and also to those who preside at summary trials and courts martial. Troops are not humiliated. If they're charged for an offence, they're charged for an offence. Nobody's humiliated by going to court, depending on what they've done, and nobody is certainly made to be humiliated at a summary trial. That's a false characterization and one that, on behalf of soldiers, I'm offended by.
I'll address Mr. Granger and Ms. Weinstein. In the summary trial itself, an accused, by the way, does have an option to hire a civilian lawyer. That can be allowed as a possibility in a summary trial. As an assisting officer—and I've been an assisting officer—you familiarize yourself with the charges and all the relevant sections in the QR and Os, and you advise the accused of what his or her options and rights are.
As an assisting officer, if you do find there's some sort of conflict over those presiding, then the fellow presiding—the delegated officer or the CO—could recuse himself in favour of somebody more impartial. There is a lot of common sense built into that system. I just wanted to put that on the record.
We have learned that, of course, as we're talking about summary trials, which are the most commonly used form of service tribunal, that they are a very prompt way of dealing with those minor offences to instill discipline, because it is a society within a military. Conduct that prejudices good order and discipline is something that is foremost in their minds. Because of what soldiers do and are asked to do sometimes, in the most extreme cases, it's required.
Could you please comment on the assessment made by Chief Justice Dickson, and seconded by Chief Justice LeSage, that the summary trial process is likely to survive a court challenge as to its constitutional validity? If you disagree with that, can you specify what particular element of the charter analysis you disagree with?