I think we should start with the fact that officers have the authority to arrest and detain someone without a warrant, so we need to make sure, when we start talking about discretion that currently exists in the act for issuing an arrest warrant, that the rationale for issuing that arrest warrant in the first place is based on the facts of the case and not on a mandatory requirement.
Second, and from the outset, if we are of the belief that the person is a danger to the safety and security of Canada—if that was the evidence we had—we would be attempting to keep them detained in the first place.
From a CBSA point of view, we believe that this would curtail the officer's discretion to make those decisions. The implications of that from a practical standpoint, in terms of the capacity of places to put these people, will quickly be exposed as an issue as well.
