I'm also not a former general who worked in Afghanistan. I'm also not somebody who worked in a crown corporation. I'm not a trade lawyer or a patent lawyer, and yet my office has been trusted since 1983 to make decisions about these cases. Luckily, I'm not the only person in the office, and I rely heavily on people like Ms. McCarthy. We also hire experts as required.
There is no question that these new provisions are breaking new ground. We're going to have to determine what the scope of these words mean. Creative material is a pretty broad concept, as is some of the wording surrounding it. But these concepts are in the Broadcasting Act. I don't have the power to order disclosure. I can only make recommendations. The institution still has the option to disagree, and if they disagree and refuse disclosure, we can then determine the matter in court.
I've said from the beginning, and it was in my special report last year, that these new provisions will lead to litigation. That is a given. This first case is about a procedural matter. It's not even a substantive case so far.