Thank you very much for the question.
I think the consequences can actually go further than that. If there is a charter or constitutional challenge, the enforcement system—as contemplated by CPC-9—does not meet principles of natural justice and does not guarantee perception of a free and independent hearing. The court may render certain parts of the enforcement inoperable. This may mean that a lot of the new powers we're giving to the OPC through the CPPA may be rendered inoperable, which then brings us pretty much to the current situation, which is an OPC that has an ombuds role but doesn't have a lot of enforcement power. It becomes a toothless regulator, as my colleague said.
That was the number one piece of feedback we've heard from stakeholders since 2018, as we've been consulting on this: What we need is an OPC with more significant enforcement powers. That's what we've done through the CPPA. Of course, with more powers, there has to be an accessible mechanism for oversight that has a constitutional guarantee of respecting principles of natural justice.
The current version of the act tries to balance all of those different considerations in a way that's accessible, flexible and improves outcomes for all Canadians.