Okay, that's certainly one way to interpret fair. I would say that if someone can get lucky and get decked out in their first week pvping while someone else can open 100 bags without getting any tokens, the system is not producing fair results, even if it is technically "fair".
It's not like making an ACTUAL fair system is impossible - if every bag dropped only commendations, that would be fair. A grind, sure, but it's already a grind, just with the added bonus of infuriating randomness.