I would say that he's incorrect in saying he can't touch it. He certainly has the discretion to decide not to touch it. In the Court of Appeal's judgment, in the reasons, it said that one of the things a commissioner might want to do is consider waiting until the adjudication process ends so that there is actually a decision at the end, and then make a decision whether it deals with reprisal or not.
But in this particular case, I can tell you that the evidence and the argument before the adjudicator did not rely on an allegation of reprisal at all. There's no dispute about that. So to me, the commissioner could have taken this up, because his original decision was that the reprisal was being dealt with in the adjudication so he didn't have to deal with it now. But that's simply not the case. The reprisal is not being dealt with in the adjudication process. So the commissioner could decide now to investigate Ms. Therrien's complaint.