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The charges have not been tested in a court.

Dutil is the head judge in the military system and oversees three other judges who are lieutenant colonels. He is still serving as chief military judge but at this point is not scheduled to hear any cases.

Poland has been appointed to conduct a post-charge review of the charges against Dutil.

When conducting a post-charge review, prosecutors must conduct a two-stage analysis to determine whether or not to prefer a matter for trial by court martial, according to the Canadian Forces. Poland, in this case, must first consider whether there is a reasonable prospect of conviction should the matter proceed to trial by court martial, based on all of the evidence and the law, and second whether the public interest requires that a prosecution be pursued, the military noted in a news release.

For the purposes of military prosecutions, a special prosecutor is an officer of the Canadian Armed Forces who is a member of the bar of a province in good standing and who is not a member of the Legal Branch.

Poland is an Infantry Officer in the Reserve Force, currently serving as the Commanding Officer of the Royal Highland Fusiliers of Canada in Cambridge, Ontario. In his civilian career he is the Crown Attorney of the Waterloo Region with the Ontario Ministry of the Attorney General.