The current system provides for offences that may be tried by courts martial or summary trial. When charges are laid, oftentimes the accused is given the choice to elect between one of the two forums. Then it goes to summary trial or.... There are a lot of steps as a consequence of the evolution of Canadian law. The military justice system must keep step with Canadian legal standards and Canadian values, and that's how the system developed. Over time, though, it put an incredible burden, an incredible responsibility on the shoulders of commanding officers who, as rightfully noted, are not legally trained, and that complexity, in and of itself, inserted delays in the process.
Bill C-77 aims to introduce summary hearings. For the simplest disciplinary instances within the units, for example, being late for duty, things of that nature, a commanding officer or a delegated officer will be able to try the cases, without giving elections to the member, because there will be no penal or criminal consequences. It will be akin to the disciplinary hearings we have in the public service or the RCMP. Minor things will be kept at the unit level. It will de-clog the court martial level of tribunals. It will also ensure that there are less steps to follow, so things will be addressed more quickly. That's how it will address delays.