Actually, I do not recall the commissioner saying that it's a commonly used test or benchmark for disclosure of documents. Generally under access to information legislation, applicants have the right to see the documents whether they're injurious to the government department or not.
By putting this test with respect to documents under the current control of the Canadian Broadcasting Corporation, as she suggested before this committee during your detailed study of section 68.1 of the Access to Information Act, it's providing an extra level of protection to the Canadian Broadcasting Corporation that isn't enjoyed by most departments or agencies of the Government of Canada. It is a deliberate attempt to be mindful of the fact that although the Canadian Broadcasting Corporation is a crown corporation and receives funds from the Treasury Board, it is a journalistic operation and there has to be a healthy degree of separation and independence from the government that funds it.
The prejudice test is built in specifically to protect it from having to disclose documents that would be injurious to their independence in regard to their journalistic programming. As I said in my opening comments, if the members were to have a greater comfort level, they may want to add something to independence, such as freedom of expression.
But the prejudice test is an extra level of protection that I think should be enjoyed by a public broadcaster and that isn't commonly enjoyed by government departments.