I'm one of two members who was here when we made those recommendations. Certainly, we did recommend an order-making model that would have a reasonableness standard. I would disagree with my colleague Ms. May; this isn't a regression over the current system. The current system enables the commissioner to take the department to court, ultimately, with the consent of the complainant. It is an effective de novo process. There's not a reasonableness review. This is a similar de novo process, but it's an onus shift. The onus is now on the department to take the Information Commissioner's decision to court. I think it is an improvement.
The testimony we heard in the course of our committee study was actually from the Canadian Bar Association and from the commissioner in Newfoundland. They suggested this was a reasonable option, especially as a first step. If it's inadequate, then adopt a reasonableness standard approach that is in other jurisdictions, including B.C. and Ontario. While I preferred the reasonableness standard, for efficiency purposes, as a first step, I recognize that this de novo process is within a range of reasonable options.
I don't view it as a regression, I view it as a step forward. Perhaps it's not as far a step as our committee had recommended, but we certainly heard testimony that this was a reasonable option. So it's certainly not where I think.... I don't think it's worth fighting, this particular issue.