Mr. Chair, I do think in common language the balance of probabilities is often understood as “most likely” but obviously there is an enormous amount of case law that prevents us from using such a simple summary.
My concern here is something that the Conservatives have raised in subsection (2) and that's the requirement to give reasons for his or her finding. It's impossible for anyone to feel they've been dealt with fairly if they aren't given the reasons for the finding. I know that's not required now. To me, the important part of this amendment is that they be required to give reasons for that finding. How else can those who are subject to that finding decide whether they've been fairly treated? They have no reasons given for that.
I know it's a change from the current practice, but I think it would be an important one so I will be supporting this amendment.