The volunteering under section 5 takes us back to “subject to any provision of any other Act of Parliament, or of any other regulation made under such an Act, that prohibits or restricts the disclosure of information”, so I guess it would depend upon that, although certainly if you're talking about Spencer and Wakeling, you're talking about the charter. Although section 5 makes no reference to the charter being an exception, I would think if we're going to respect acts of Parliament, then CSE should be respecting the charter, but that then brings you back to the question of how CSE's lawyers interpret the charter and how they interpret, say, the Spencer decision. One of the disturbing factors in the green paper is that the green paper seems to be asking Canadians what they think about Spencer, whereas most lawyers would consider Spencer to be settled law in saying that metadata, because of our interests in anonymity, is actually protected privacy.
We don't mean to be obtuse in answering these questions, but I think they are genuinely difficult questions that are made significantly more difficult by the rather convoluted drafting of, say, section 5.