I think that could be said about anything that you say a commissioner might do. I don't think there's an implication that would be the case.
If you look at the rationale that we have suggested here for why he would not, it's the same as the ones under PIPEDA. The same could be said of anyone, like the Privacy Commissioner, etc. These are the standard kinds of grounds. If you're concerned about that, then there could always be recourse to the court, I suppose, if he decides not to investigate a complaint based on one of these grounds.
In Ontario the commissioner has the ability to not hear appeals. If the person was inclined, that decision could be challenged in the courts through judicial review.