That's right. It's that sufferance. There's a minor category of information that says it is strictly privileged and you won't get access to it anyway. There's a solicitor-client piece, and there is a piece dealing with medical records. There are some things dealing with minutes from the commissioner of the RCMP discussing how it would interact with the commission. I have absolutely no problem with that. As a matter of fact, it mimics to some extent the protocol that exists between SIRC and CSIS, and it makes sense.
I have a problem, though, with the other one, which is a vast description of privileged information, which is actually broader than it shows here, because it brings in other sections of other statutes, which get piggybacked on. That is a provision that can be triggered by the commissioner. Then you don't get it and you don't get to see it. It goes to some third party who's appointed, who makes the decision following your observations. That decision is even binding. It's just observations. If you don't like the observations, you can go to the Federal Court to challenge them. Meanwhile, you're absolutely in the dark.
The experience of two learned justices who held inquiries was that they had to be able look and follow the trail. That's the specific language used by O'Connor. You have to look at it. He said that sometimes he didn't recognize its relevance until he saw it. His view, and it's the view I know I would submit to, is to look at it, and then you can have a discussion as to whether it's relevant. But to put the review body in the dark where it can't see it, and in the blind make a submission to get access, while a party that is not formally part of the process is making observations, does not strike me as reasonable.
You have to bear in mind that the commission's staff has top-secret clearance. There has been no adverse experience by SIRC staff or members nor CSEC staff or members. O'Connor specifically said that there's no problem giving the stuff to these folks.
I've had top-secret security clearance for about 26 or 28 years. There's no problem. You should share it and move on with it.