If an individual is trying to get access to records, they may not be sophisticated...or it may be their first time with the system. The system should not be so complicated that the average person is not able to get records. They should not have to go to Federal Court.
It may be a useful thing to have a direct march so that somebody who wants to go directly to Federal Court can. For us, though, it would have to be an option. And if this is going to be in there as an option, the basic default position should be that the commissioner makes an order.
The way that Mr. Marleau's 12 steps are written, by not taking full order-making powers he's forced to have this workaround of, “Well, okay, if you don't get to me, you can always go directly to Federal Court.” But you shouldn't have to. You should be able to go to the commissioner with the failure to disclose and say, “Commissioner, I don't think this is right.” The commissioner gets to look at it and decide. You get your remedy.
That would reduce the workload on the Federal Court rather than having people trooping off or else just giving up, which is something that Mr. Rubin identified--people giving up on the system.