We have conducted quite significant analysis since 2018, as we committed to the committee at the time and we have elected to do it. That's the answer that I'm providing to you. I'm saying that there could be second and third degrees of effect of repealing a specific offence within the code of service discipline. That could signal parliamentary intent, and trying then to charge a member under a more general offence—for example, conduct to the prejudice of good order and discipline—could be seen by either my military tribunals or civilian appeal courts as something that is no longer available to the military. This is something that I cannot positively declare at this point, because a court would have to opine on this. I'm just alerting the committee to the second- and third-order effects that could happen if this specific office were repealed from the code of service discipline in the National Defence Act.
On December 11th, 2020. See this statement in context.