What is the applicant's fifth point of argument in his application for discharge on the grounds of unsuitability?

The applicant's fifth point is that the respondent erred in law in applying as the standard of proof a preponderance of credible evidence rather than proof beyond a reasonable doubt. It is well established that conduct which constitutes a crime may be established in civil proceedings on a balance of probabilities: Hanes v. Wawanesa Mutual Ins. Co. (1963), 1963 CanLII 1 (SCC), 36 D.L.R. (2d) 718, [1963] 1 C.C.C. 321, [1963] S.C.R. 154. In my opinion the standard of a preponderance of credible evidence was entirely appropriate and sufficient, having regard to the nature of the proceedings on a recommendation for discharge on the ground of unsuitability.