I think a distinction has to be made between the tribunal model in Quebec and the commission models in B.C. and Alberta. I'm on the external advisory committee for the B.C. information and privacy commissioner, so I may have some biases. I certainly accept Gary's analysis of the pros and cons. There's no issue that it's a complex question.
We should also be very careful about generalizing from the provinces to the federal government and translating models that might work in B.C. or Quebec and think they're going to work in Ottawa.
However, I do favour order-making for a couple of reasons. I think it focuses the mind better. If the B.C. commissioner were here—well, we don't have one at the moment, so the former commissioner—she would say that knowing you have that power focuses the mind of the organization to mediate. Therefore, the kinds of processes that are engaged in mediation should take place more expeditiously, more seriously.
I don't think simply having order-making power necessarily makes it longer. Again, it's apples and oranges, but it's not necessarily.... The other thing about order-making power is it does establish a clarity of law which you do not necessarily get through an ombudsman process.