Mr. Schaan, I'm wondering about what you said, that removing proposed paragraph 107(1)(a) and subparagraph 107(1)(a)(i) would increase costs for someone who, for example in Quebec, would decide to file a civil suit rather than defer to the commissioner.
Even if proposed paragraph 107(1)(a) and subparagraph 107(1)(a)(i) were removed, the commissioner will still conduct his investigation and still submit a report. There is no connection between the two. The question we're asking is about how the commissioner's report will be used in a civil tribunal other than federal courts, for example.
Suppose my rights have been violated, and I decide to sue someone in the Court of Quebec. If the proposed paragraph 107(1)(a) and subparagraph 107(1)(a)(i) didn't exist, would I still have the option, on a voluntary basis, of waiting until the commissioner has conducted his investigation and filed his report before filing my lawsuit? Would that be an option for me?