The recommendation we make with respect to the changes proposed to the level of service provisions is important. We believe there is no need for further clarification of those provisions.
In the last three years, there have been a number of cases that were litigated before the agency and the Federal Court of Appeal that clarified in detail the seminal Patchett case of 1959 and the agency's evaluation process for determining level of service complaints. The need for clarification no longer exists. In fact, putting mandatory considerations in place only gives the opportunity for the finality of the agency's decision to be disturbed through protracted litigation and appeals. I have level of service cases that are going on for two and three years without a final conclusion in the courts.