I think there's a tremendous amount of goodwill on the part of the government in establishing a special-purpose tribunal. That in and of itself may not be a bad thing. History shows that tribunals can become politicized. They've had a terrible experience of this in the United States. And of course we've had a bad experience, particularly in the last few years with the Human Rights Commission and other tribunals.
The bottom line is that the sunlight shines brightest in open ports. Why are we saying to our public servants that they can't have that right, which is the right that private citizens enjoy?
In other words, this right should be additive and not replace what is otherwise your common law right.