I'll make two points that I hope will help clarify the wording a little bit and why those particular words are used, Mr. Chair.
The first is that the wording of the proposed amendment is, you'll notice, almost verbatim the same as the wording of the existing section 56 in IRPA. Section 56 of IRPA gives authority to an officer, rather than the minister, to release somebody from detention before the immigration division starts its detention reviews for the normal run—the normal detention scheme, not the Bill C-31 detention scheme.
The same wording there is used: an officer may order the release of an individual where the officer is of the opinion that the reasons for the detention no longer exist. The reasons for detention—that wording is understood to be the reasons for which the person was first detained. One of the reasons is in 58(1)(a) to (d), as we've referred to before.
The particular “of the opinion” wording is used throughout IRPA where there's a legislative intention to ensure that the minister's decision is given a greater degree of deference than perhaps may otherwise be the case.
So it is not that a tribunal or a court reviewing that decision objectively decides for itself whether those reasons for detention exist, but rather looks at whether the opinion of the minister is reasonable. It's a slight difference, and it really has to do with the deference to the minister's view when that decision is being reviewed by a subsequent body.