I think in the context of the conversation we were just having, it's useful to note that of the more than 1,400 complaints that the Privacy Commissioner has received, only nine cases, as far as I can count them, have been commented on by the Federal Court, and not a single one has attracted a damage award, as far as I can tell. Three of the complainants were able to recoup their costs; four of the cases saw the court awarding no costs to either party; in two cases the complainant had to bear the costs for themselves as well as for their opponents. I would suggest that part of the impetus behind PIPEDA was a recognition that the private law was insufficient as a means of remedying some of the potential problems in an information age.
So I would suggest that the question isn't whether without order-making powers this legislation has any teeth. The question is, what kind of teeth make for the best system? If you would like me to continue, I would say why I think order-making power is important, but I'll leave it to the chair.