The main constitutional issue that many people talk about is whether the remedies that, I think, exist would contravene freedom of expression. It's a charter issue, and we have looked at this extensively.
I hear that Madame Stoddardt may have expressed views about constitutionality from a division of powers perspective, namely that if we apply federal legislation the way I advocate, this might trample on provincial jurisdiction over property and civil rights, interprovincial commerce, and so on.
As I think you know, the Quebec government years ago launched a challenge to the constitutionality of PIPEDA on that ground, and that has been adjourned and has not been decided.
I would say that that risk exists as soon as you have federal legislation that can be said to trample on provincial jurisdiction, such as over commerce exercised by companies in province A or B. What I advocate would simply be another manifestation of the application of federal law. Maybe it increases the risk that an organization would raise these issues if it is not in agreement with having to comply. However, conceptually, I think we're just applying the federal law as it is. It doesn't change the situation in terms of.... We're not further trampling on provincial jurisdiction; we're just exercising the authority of the federal law, perhaps thereby creating a greater risk, which a company may challenge, but the legal issues would remain the same, I think.