My comments on that issue relate to the recognizance with conditions provision, known colloquially as preventive detention. My assessment of this provision, which I think has been more or less confirmed through conversations with law enforcement, is that if this provision were used--that is, to detain someone pending the imposition of a peace bond--then the investigation would have come to an end. You have alerted the terrorist cell you're investigating that they've been discovered, all for the benefit of up to 72 hours of preventive detention and a peace bond, which doesn't amount to full-out incarceration.
It would be unpopular in relation to an ongoing investigation and perhaps very damaging to an ongoing investigation to use this provision. At best it would be used as a last-gasp measure. The law enforcement community, when it appeared in front of the Senate on Bill S-3, which is a prior iteration of this bill, indicated that it can't anticipate and foresee every eventuality and that it is possible that there would be circumstances in which this bill and the preventive detention provision might actually be useful. I can't exclude that possibility; it may well arise, but I think it would be a very unusual circumstance.
The other consideration, of course, is that once this matter comes to court, as it inevitably will, this is an open court process, so law enforcement would have to be prepared to disclose the evidence or information upon which it depends to justify the standard for the detention to begin with. That means it would be unwilling to use security intelligence or intelligence sources of any sort. We're talking about a range of circumstances in which law enforcement has given up on an investigation and is prepared to use potentially confidential information in an open forum. Because of that, for those two reasons, I think that this provision would be used very infrequently.