Generally speaking, there is, at least there was, a rigorous constitutional filter. No bill actually hit the floor of the House of Commons without that filter being applied by the Department of Justice. The concern here is that the JAG is, in some respects, reviewing itself and signing off on itself. If in fact this were done by the Department of Justice, as happened in times past, you would have some level of comfort that it would stand up to judicial scrutiny.
The concern I have is that it's only going to be applied in a messy situation. It's going to derail, or potentially derail, or give an avenue for a defence counsel to derail an inquiry over something that is unnecessary.
I would be very encouraged, I would feel much more comfort, had we a justice department filter—a written filter would be even better—for JAG or for you directly that would satisfy the concerns raised by the MPCC and Professor Roach and others. I know we're going to hear other testimony that says this is not constitutional or is not charter-proof.