I think that the recommendation would provide a choice. At first glance, I would say that this recommendation is realistic and appropriate, in that this is the practice we follow in New Brunswick. Citizens can inform the ombudsman of a request to review a decision made by administrative authorities regarding an access matter or they can go directly to the Superior Court. Costs are involved in proceedings before the Superior Court. Not everyone can hire a lawyer, but that is what is generally done if they choose this route. In New Brunswick, lawyers do this, but because they are accustomed to the procedure. They have clients who are prepared to pay, and they are familiar with this practice.
Sometimes the media do as well, if the matter is particularly urgent or involves an interpretation of the Access to Information Act. In these cases they go directly to the courts to get a binding decision quickly.
Eventually, I think Canada's legislative framework should provide for a commissioner with decision-making authority, not only regarding administrative matters, but also substantive matters. And the courts would acknowledge this authority and would intervene only where necessary to correct errors in enforcing the act. That is the model used in Quebec, Ontario and British Columbia. I think that generally speaking in Canada we are far enough advanced to do this. Can it be done in two steps, as Mr. Marleau suggests? I think that at the very least it would be appropriate to take a first step in this direction.