More likely than not, 51%.... I don't have the case law in front of me, but as was stated, generally in the administrative regime, the balance of probabilities is just that. On a balance of probability, it is more likely than not that x occurred, whereas we contrast that with the criminal standard, which is beyond a reasonable doubt.
Just to clarify for the purposes of the committee and for you, ma'am, F.H. v. McDougall, 2008, a Supreme Court of Canada case, clarified that there are two standards of proof in Canada. The criminal standard is that of beyond a reasonable doubt, the standard applicable by a court martial and currently at the summary trial. The civil standard, the administrative standard as was discussed throughout this committee hearing today, is the standard that we would submit is applicable to service infractions, should this legislation go forward.