Mr. Mendicino, the legislation is in conflict with itself. The provisions of subsection 12.1 mirror in many respects section 12 in the granting of a warrant under normal surveillance circumstances, and there are some 22 or 23 conditions the judge has to be satisfied with, many of them including the items you just mentioned. But in the same legislation, in effect in the definition of section 12 of the CSIS Act, to direct that the judge may ignore charter rights and obligations, in my opinion, is unconstitutional. There is the balancing task that the judge performs, both in terms of granting the warrant and in the eventual appeal courts, if there is an appellate situation involved, in the balancing of section 1 rights and whether it's absolutely necessary in a free and democratic society.
The balance we had—which is superimposed and was built on in terms of the charter-proofing subsection 12.1 and section 12—works, as long as you don't have the specific direction, which appears to me as how I read the legislation in section 12, that the judge may ignore our charter rights.