This is about the Information Commissioner actually having gone to court with the CBC to actually say you must release these documents to me and I will determine if section 68.1 applies.
The court, Justice Boivin, in fact ruled, yes, you must give the Information Commissioner access to these documents, and she will determine if it's appropriate to release them or not.
And the CBC is saying they don't think so, that only a court will tell them if they have to release these.
By the way, the court did tell them they had to release them.