Certainly I think the current statute, the current way in which we deal with group arrivals, is not inappropriate. In the statute it does say, to the extent there's some difficulty in doing identity checks and so on, people can be detained for short periods of time, but at least there's a guarantee that indeed a judge is there to make sure the process works well.
We should value this, and we should value this profoundly, because that's what constitutional law is all about. That's the protection we all have, that if indeed we are found to be detained, we're not at the mercy, like this bill presents, or completely at the mercy of the minister deciding, “Oh, yes, these are exceptional circumstances and I decide that you can leave”, even if he or she does the right thing.
I think there is a symbolic flaw here. There's a symbolic flaw because it does say to people that in Canada you're completely at the mercy of the minister deciding what happens to you. That's not what we're all about. We're a society based on the rule of law, not on discretionary exercises at the whim of a minister.
So to me, I react by looking at this and saying, “Will I want this to be part of Canadian law books?”. No. I think there are some dangers in terms of the way it transforms our constitutional law, let alone all the problems it may pose for the individuals who are affected. That's serious enough, but there certainly are some problems in the way in which our constitutional law will be transformed.