Sure. I'm happy to respond. Thank you for the question.
Our understanding is that, at the moment, it takes two years on average for a case to reach the very first court, which is the Federal Court. As I'm sure many of the members of the committee are familiar with, it can take many years beyond that to go through the follow-on approaches of the Federal Court of Appeal and then to go to the Supreme Court.
I'll take a moment to draw a bit of a contrast to the Competition Tribunal, because it's been raised in this committee in recent days to make a comparison between the speed or efficacy of one tribunal versus another.
Again, notwithstanding the fact that they would both be administrative tribunals in nature, the commissioner of competition and the Competition Bureau have quite different approaches and powers from those being contemplated here under the CPPA. The Competition Bureau has no power to issue orders or administrative monetary penalties, whereas the OPC under the CPPA would have the power to issue orders without going to the tribunal and the power to recommend administrative monetary penalties.
The Competition Tribunal conducts “first instance” adjudication and imposes those orders in AMPs. By contrast, the personal information and data protection tribunal would hear appeals against the OPC's findings and compliance orders and decisions. It's a very different approach. The Competition Tribunal shows no deference to the Competition Bureau, whereas the tribunal, in this instance, must apply a deferential standard.
Appreciating that some committee members have raised concerns about efficacy or approaches in comparisons to other existing tribunals, I just wanted to put on the table that this is, in fact, structured to be quite different in its approach.
Ms. Angus will add a bit to that.