I am a bit mystified by screens, actually, as I'm sure many of us are. I understand the commissioner has used them and has found authority to use them, or at least his authority has been upheld by the Federal Court of Appeal. The Supreme Court refused to hear the appeal of that, but I'm troubled by them. First, the authority on which they're based is section 29 of the Conflict of Interest Act. That is just a general statement about finding measures to help people comply.
If you want screens, you should put them explicitly in the statute so that we know what they are and how they're going to operate. It's kind of an irony, because if you believe blind trusts work, why would you need the screen? It's saying they don't work, so you have to have some other mechanism to allow people to recuse themselves or to someone else...to essentially mask the fact that there is a conflict.
