That's a value judgment. You've read Judge Boivin's decision. It's now under appeal. If you wanted to ensure...all you'd have to do is to change that very provision and say the CBC may claim exemption for journalistic...and leave out the last tail, except for the exemption to the exemption. In that case it would be clear that this is at the discretion of the CBC, but the commissioner would have to satisfy herself that it had been properly enacted.
In the wording of the statute right now, it says that the act does not apply, except for.... So that something applies and something doesn't. That's what's creating the problem here and that's why the judge made his decision and the CBC said no, if it doesn't apply, it doesn't apply, and nobody should have the chance to look over our shoulder. Both are perfectly legitimate positions.
We now have a ruling and we'll see whether the ruling stands or is reversed.
The problem is in the awkward drafting. These are not my words. Judge Boivin himself said it's very awkwardly drafted, and that's why you have the problem you do. Either it doesn't apply or it applies. That's one system. The other is to create an exemption, and when it's an exemption, the commissioner will have the power each time to see whether the exemption has been properly exercised or not.