You talk about the independence of the courts. Judges are independent, according to the law. But I believe that the question you are really raising has to do with how to protect Canada from terrorism. In my opinion, that discussion cannot occur in the context of immigration legislation. Instead, it should occur within a more general framework, to allow for a rational discussion of ways of protecting Canada against terrorism.
The second problem relates to secret evidence: we have no way of knowing how it was obtained. In the case of Mohamed Harkat and Mr. Charkaoui, some of it came from Abu Zubaydah and was obtained under torture.