Balance of probabilities is traditionally extremely well defined. Every civilian case is settled on that standard or decided on that standard. It's the same standard in the military justice system that we're proposing here as it is in the civilian world. Every judge and every lawyer knows what it means to decide a case on a balance of probabilities.
Just to give the Liberal position on CPC-5, we're proceeding from the assumption that we do need an administrative summary hearing system that is expeditious and that gives the employer the ability to make decisions in the context of the need for service discipline.
It would be extraordinarily onerous to require that all records and transcripts be kept under that system and that there be justifications for summary trial decisions. To the extent that those are required, we submit they should be defined in regulation but not in the text of the bill.