Sure. Investigative hearings were one of the more draconian provisions in the first Anti-terrorism Act. I also testified against investigative hearings there, so I've been consistent on that. They were upheld by the Supreme Court as constitutional in 2004, but subject to a presumption that they be held in open court and that the rules of evidence apply.
My concern is that because of the requirements of the charter and the Criminal Code, anything that a person is required or forced to say in an investigative hearing is not usable in a terrorism prosecution.
You're right that the public might be anxious, but that's, frankly, a lack of knowledge. It goes back to needing to be smarter about our security powers and needing to have security powers that are usable. If you have something like an investigative hearing, which essentially has not been used and, if used, could render a terrorism prosecution, if not impossible, at least more difficult—and they're already extremely difficult—then that's something we should get rid of.
On the no-fly list, one of my recommendations would be maybe the new parliamentary committee needs to look at the costs and benefits of the no-fly list, because I'm aware that much of this requires access to classified information that neither you nor I have. Maybe Canada can be a world leader and say, “Look, we don't need this, because we want everyone on a plane to be safe”. I don't know that it's the case now, but that's the sort of thing....
We have to trust the public that, yes, we're scared about terrorism because it is in the news every day for legitimate reasons, but that means we have to be smarter, not simply going as far as the charter allows.