Well, those are key points that you're making. I'm just giving myself a slight opening when I say that I believe in every case where it's been tested, the Supreme Court.... As a matter of fact, the Federal Court of Appeal has heard appeals on the constitutional validity of these cases. In each case—and certainly in the recent cases since 2001—the court has upheld the constitutionality of the process. It's part of assuring that the charter itself is being respected.
As these cases came forward, one by one, not only did the court uphold the validity of the concern that these individuals could indeed pose a risk to Canadians, but also in response to the many vigorous appeals that it was unconstitutional for them to be kept in detention, the court agreed—in cases where it said they could come out of the facility—that house arrest be extremely restrictive, even to the point in some cases of these individuals not being allowed to take telephone calls, or having their calls monitored; having to wear an electronic bracelet; not being allowed to have Internet capabilities in their house; and requiring permission to leave the house. Remember, this was the court agreeing to these restrictions. So it wasn't just an academic nod of the legal hat saying this is a constitutional process, but when it came time to be pragmatic and to put in place some very clear specifics, the court also upheld those.
That's why I say the constitutionality of these, and this process, was upheld. But the Supreme Court said that we had to fix some particular areas. They said we could still detain somebody, but if they were a foreign national, they had to get a review in the first 48 hours, and every six months thereafter. So, broadly speaking, the detention, based on what we've provided, is constitutional—but they said we have to put some extra provisions in here.
It was the same with the special advocates, where the Supreme Court said they wanted to be sure the individuals had somebody who was exploring the full range of appeal options on their behalf.