I'll try to answer that question.
First of all, I don't want to use any specific example. We do have a lot of complaints in our office in relation to the CBC, so I don't want to use your example, for instance, Mr. Chair, simply because I have to preserve my objectivity. But I can say the following.
When a requester makes an access request to a federal institution, any federal institution, the federal institution then has to collect all of the responsive records. Then they will go through the records and they will apply exemptions or exclusions that are provided for under the legislation. They make their own determination as to which exemptions or exclusions they think should apply under the circumstances, and they have to exercise their discretion in terms of the exemptions in deciding whether or not the information should be disclosed because it's in the public interest or it should not be disclosed. Then they send the redacted documents to the requester. If the requester is not satisfied with the response, they can then make a complaint to my office.
Now, when we do investigations, normally we obtain the documents, all of the documents, the unredacted documents, from the institution, and we review all of the exemptions or the exclusions that have been applied and we make an independent and objective assessment as to whether or not we agree with the institution under the circumstances. Then we make recommendations to the institution. As you know, I have no powers to order the disclosure of any documents; I can only recommend. Through this process we obtain the representations of the requester or the complainant at that time. If the institution disagrees with our recommendation, they can refuse to accept our recommendation—usually it's because they refuse to disclose information—and then two things can happen: I can take the matter to Federal Court, with the consent of the complainant, or the complainant can take the matter to court himself or herself. I have no powers to order disclosure of anything; I can only make recommendations.
That's how it works. The only exception to this rule is cabinet confidences, because there is a specific process in the Canada Evidence Act, as you know, under section 39, for the certification process. So that's a different process.