I certainly can't speak for the Privacy Commissioner, but as I read his submission on Bill C‑11, which was quoted earlier in the session, it is a test that has an “or” in it, so already it's not a cumulative test. I think the paragraph at the beginning does say “clarity is also required with respect to the impact of...R v. Spencer”.
There are two points there. One, they're asking for R. v. Spencer to be codified. Two, the three things that the Privacy Commissioner lists do have an “or” in them. To me, that's indicative that they're not cumulative, so I think the intent was to codify the Spencer decision, and that is what the motion proposes.