There are many issues that I've not been able to explore before the Federal Court--for example, the issue of damages. Interestingly, with a lot of foresight, the law provides for damages. I have not yet had a case in which there was a provable amount of damages that wasn't settled beforehand, where I could go to court to see how PIPEDA can help remedy Canadians' actual damages for privacy.
I have a power to do audits on private sector corporations, when I have reasonable grounds to believe that there may be a problem. That is being challenged by one organization. The hearing before the court has not yet come up, so I don't know the extent of this power, which I would argue is an important power.
There are many things, including penal clauses in the act that have not been used. They're not necessarily for me, so I'm just saying that in response to the issue about the commissioner not having power, there is quite a bit of power foreseen in the act, and we should look to see how these powers can be applied before moving to another model.