A lot rests on the judge, obviously, because that's the way the tribunal is established. But there was nothing earlier on the judge's own experience, potential bias, or interest. The current or ex-judges are simply appointed by cabinet. The act itself, Bill C-20, allows the judge quite a bit of discretion to determine what's vexatious and what's not.
Imagine the public having a concern if a judge had previously been a lawyer, had worked for one element of the nuclear industry, became a judge, and was appointed to this because of their experience. But the act leaves so much available to the judge to decide. This could involve many millions of dollars and be quite important. There's no direction given on discretion, if you follow my meaning.
Is that because it's impossible to guide the government that way? You have a judge who worked 20 years as a lawyer for part of the nuclear industry and ends up becoming a judge. Then 10 or 15 years later he's appointed to a tribunal as a retired or sitting member of the bench. Now the public has to come before a judge who used to litigate on behalf of the nuclear industry.