—it could still be done. Because it seems a pretty heavy process, in my opinion, at this point in time, especially considering the type of grievance or complaint that sometimes you're getting. I do hope you don't have four paliers for somebody who has cold ice cream. I would be really pulling my hair out.
That being said, when I read the law—because it's always interesting to read the law—and you look at subsection 91.1(2)
proposed, you see that it says the following:
The Commissioner may designate an offender as a vexatious complainant when, in his or her opinion, the offender has submitted multiple complaints or grievances that are of a vexatious or frivolous nature, or not made in good faith.
I want to begin with my question. How do you think you, in your capacity as commissioner, will go about this? How many complaints constitute multiple complaints? The wording “vexatious or frivolous nature, or not made in good faith” is used.
I want to go back once again to my experience as a lawyer in labour law. In the area of evocation, when we would be talking about behavioural concepts “of a vexatious or frivolous nature, or not made in good faith”.... In life, one of the most difficult things to prove is bad faith because people's good faith is always presumed.
I am trying to see how these new powers will help you and whether you will not instead be bogged down, under proposed clause 91.3, when faced with a mountain of appeals for judicial review of your decisions.
Is the system being modified and weakened through another system? That is sort of what I think about when I read this kind of legislation.