Mr. Chair, I'd like the members of the committee to understand very clearly what I'm saying. I would never be so bold as to say that it's impossible and that there are never any on there from a summary trial, because life isn't like that. Mistakes get made. The point is that under the current provision of the NDA, under section 196.27, they shouldn't be there.
In terms of proceeding responsibly, what I would suggest will happen is that the Judge Advocate General in his statutory capacity as superintendent of the military justice system, if, and hopefully when, the blessed day arrives when Parliament has passed this act and it has received royal assent, will certainly communicate with the Commissioner of the RCMP and consult with the Minister of Public Safety to ascertain exactly what their understanding is of what's on there. We will then be in a position to take the most effective step once we've ascertained that. That goes back to my comment about this being premature. I'm not saying that it's a bad idea. I have grave concerns that it's phrased correctly or that it actually addresses the problems that may be there.
To get back to the point that I think Mr. Harris very aptly made, section 12 of the Interpretation Act says legislation is remedial. The mischief that clause 75 is meant to remedy, as I pointed out several times before, is actually the question of employment and not having to fill out a questionnaire, not having to seek a record suspension. It's conceptually linked to what's on CPIC, but it's not exactly the same thing. It may well be that there will be additional legislation required on this point, and that was certainly in furtherance of the second prong of Justice LeSage's recommendation about review. We will look at that. Absolutely we want to ensure that this provision is given effective application, but I'm just saying at this point I can't represent to you, in terms of my understanding, that it would necessarily accomplish that.