I hadn't noticed that, Mr. Chair, but what you're noticing there is in fact the problem in the Telus Mobility case. If you look at that word “may”, it conflicts with the fact that, in our view, a court order is a must. That always seems self-evident to us, but what we're finding is that, especially when electronic data is archived or there is some cost to the company to produce the data or get it out of archives, they view their ability to set a fee as a precondition for compliance with that court order. The CACP is on record as saying very clearly that this is an erosion of the authority of the courts, and that if the legislation doesn't provide for a fee, there is no fee. An order of the court is an order of the court is an order of the court.
On February 13th, 2007. See this statement in context.