Thank you for that question.
It is very important to distinguish between transferring existing cases that are at the investigation or prosecution stage and initiating new investigations or prosecutions, whether for offences committed in the present or for offences committed a long time ago for which charges are now being laid. When we talk about transferring cases, we are talking about current cases.
On the question of the Jordan decision, I said very clearly that no case that is already before a court martial should be transferred, for example, because additional delay would risk jeopardizing the prosecution. However, for existing cases in the Canadian Armed Forces that are at the investigation stage, judgment should be exercised. If the investigation has just started, the case should probably be transferred to the civilian courts. However, if the investigation is almost completed and the victim has been questioned several times, it might be appropriate to allow the case to take its course before the military authorities, for the reasons you have mentioned.
With that said, when it comes to all new cases, we are not talking about transfers; the call must be placed to 911 immediately so that the civilian authorities can initiate the investigations.
Leaving the choice up to complainants or victims is extremely problematic, in my opinion. If their commanding officer or their chain of command asks them whether they prefer their case to be heard by the military authorities or the civilian authorities, that puts undue pressure on them to choose the military authorities, which is not in their interest, in my opinion. Even a lawyer would find it very hard to explain the ins and outs of each of the two options.