Mr. Chairman, certainly the conviction ought to be based upon the evidence. In every courtroom that I have ever appeared in the guilt was determined by the evidence, not by way of proceedings, whether it was summary conviction or indictable. This is the point I am making. I do not want to hang the proceedings up on this point, but the hon. member is saying this clearly. He said three times that it is going to matter to the judge in terms of determining guilt whether it is by way in which the court is proceeding, by summary or by indictment.
What I am pointing out is that the courts in this land have always determined guilt based upon the evidence, not based upon procedure.