I want to repeat that there is no subsequent written record in the case of summary trials. It is therefore very difficult to determine whether that has been done properly. It must also be understood that the accused in a summary proceeding is tried by someone who knows him. When it is the commanding officer, he knows him. In all other justice systems, the judge refuses to try someone whom he knows personally. That is even the case for a military judge. There is a legal problem in this case.
We may have to reconsider whether we are prepared to adopt the amendment moved by my colleague from St. John's East, acknowledging that the rights of our Canadian military members must be respected. Perhaps we will have to review the list of offences that may be tried by summary trial and the list of those that could not. Perhaps we will choose to exclude certain offences that may currently be tried by summary trial and that may attract a criminal record.
It is really important to respect military members here. It must be understood that, despite all good will, the fact remains that very little is known about the consequences, particularly by our military members who may have been in the system for a shorter period of time, especially the privates. Members often choose a summary trial because they think it will be simpler and will resolve the matter quickly. They may have the wrong impression. They feel they will undergo a summary proceeding, pay their fine and serve their punishment and that the matter will be resolved and put behind them. However, when they realize, years later, that they will have a criminal record as a result, they will not be able to turn back the clock. What has happened is recorded nowhere. If they realize the actual consequences 5 or 10 years later, it will be very difficult to go back to the situation and to be tried again.
Furthermore, as nothing is written, every time we adopted a retroactivity clause, now or later, we would be unable to consult the written record to determine whether the retroactivity clause might apply in a criminal case. That complicates administration.
I really believe this must be adopted. We must help our military members avoid attracting a criminal record.
If the government party is prepared to adopt this amendment, we may subsequently have to consider determining whether we should exclude certain offences that may currently be tried by summary trial. We can think about that. Whatever the case may be, we owe it to our military members, particularly considering everything that might be retroactive. Even now, some provisions of the bill could apply retroactively. However, as there is no written record, it is very difficult to determine whether this could apply in this specific case. It thus becomes difficult for a military member to argue.
The idea here is really to prevent negative consequences for our military members. If the government party is open to this idea, some other steps may subsequently be taken to ensure that we exclude certain offences from these provisions and ensure that they can no longer be tried by summary trial. My colleague Mr. Alexander referred to offences such as assault, for example. I believe we really owe it to our military members. They do not necessarily understand the consequences. As there is no written record, it is very difficult for them to mount subsequent challenges.