The most prominent issue that emerged from Bill C-51 was the original wording of what became section 12.1 of the CSIS Act, which implied, by the way the section was structured, that CSIS could go to a court and get the authority of the court to violate the charter. Every legal scholar I've ever heard opine on this topic has said that is a legal nullity. An ordinary piece of legislation such as the CSIS Act cannot override the charter. The charter is paramount. However, the language in the way section 12.1 was structured left the impression that you could go to the court and get authority to violate the charter.
In the language change that we have put into Bill C-59, first of all, we have specified a list of disruption activities that CSIS may undertake with the proper court authorization, but when they go to the court to ask for authority, the ruling they're asking for from the court is not that it violate the charter, but that it fits within the charter, that in fact it is consistent with the Canadian Charter of Rights and Freedoms, including clause 1 of the charter.
That's the difference between the structure of the old section and how we've tried to make it clear that the charter prevails.