Yes, I can speak to that issue.
We have recommendations on that issue both in our original submissions on Bill C-51 and in the green paper. You'll notice, if you read them, that there's a slight change in tone. We've appeared before on this issue at the Senate, for instance, and the big concern that came out in particular was whether the threat disruption powers essentially were authorizing charter breaches, and is that how you read these provisions? There was debate about it, and certainly academics and the CBA felt that's how it could be read.
In response to that, we've repeatedly heard, “That's not our intention, and it's not what we intended to do.” When you look at our latest submission, I think you'll see that what we're suggesting is that if that's the case, make the language clearer. Part of the problem—and one that you've identified—is the positives versus the negatives. The way it's set out now, it's essentially saying they can't breach charter rights unless they go and get a warrant, but that's not the way the charter works.
For instance, warrants are typical for searching for items. It has to do with section 8 of the charter on protection against unreasonable search and seizure. The courts, when they issue a warrant, aren't issuing a charter breach. They issue the warrant so that there is no charter breach.
That's the problem with how it's drafted. I think the intent may very well be the same, in which case the CBA has no issue with it, but you should draft it so it's clear that you're not authorizing a charter breach. You're authorizing very specific activities to avoid a charter breach. That may be the intention. If you word it that way, those concerns are going to disappear.
On that note, this is another issue in regard to that. Making clear what you're issuing is also very helpful because academics, including Professor Forcese and others, are concerned right now that you're going to authorize, for instance, arbitrary detention. Again, we've been repeatedly told that's not the intention. Well, if it's not the intention, make it clear. Then the issue disappears.
Again, following up on that suggestion, the more that you make it clear what they need to go and get authorization for, the more it fits in with how the charter works within our legal system.