First of all, it would be that most if not all contraventions of the law should be eligible—let's put it that way—for administrative penalties, as is the situation in most other countries that have penalties. There are modalities that we can discuss if we have time, but the rule should be such that essentially all violations lead to fines if the proper authority determines that the law has been violated.
In terms of who decides between the OPC and the appeal tribunal that is proposed in Bill C-11, it is certainly possible for Parliament to create an appeals tribunal, but in privacy matters this would be, to our knowledge, exceptional. We do not know of any other jurisdiction that has such a tribunal, which is not to say that I am not concerned, obviously, about the fairness of the process under which companies would have to pay fines. If the OPC had that authority and there were no administrative appeal as proposed, the courts could intervene and control the legality and fairness of the process undertaken by the OPC. That system of the privacy regulator being authorized to impose fines subject to judicial review by the judicial courts is the normal structure in privacy laws, and we would recommend that it be adopted.