Mr. Speaker, there was a two part question. I answered the first part but not the second part. I would like to answer the second part of the question raised by the hon. member for Kitchener—Waterloo. I believe the second part was his concern that a foreign national may be held indefinitely under a security certificate indefinitely whereas someone charged under the Criminal Code for a Criminal Code offence would serve a time specific.
It points out the very essence of the distinction between the two. In the matter of the Criminal Code, the charge is for a criminal act that has been committed and the sentence is proportional to the type of act committed and the length of time that is appropriate to be served for that crime. It is unlike the issue we are dealing with here, which is national security and the admissibility of a person into Canada. A foreign national is not admitted to Canada if there is a security risk, if the person is part of organized crime or a terrorist, or there is evidence to believe that.
The foreign national, although not allowed into the country, can leave at any time. The only reason for detention is to protect the safety and security of the public. It is not a punitive measure. It is not something that is definite in time. Having said that, the bill provides for the person to be brought before a Federal Court judge within 48 hours and if there is a detention order because of a public safety and security issue, that is reviewed every six months and for as long as the person is in detention, but the person is free to leave at any time.
That is a very significant distinction. If there is another way to protect the safety and security of the country, the judge is able to release those on certain conditions, as has happened in many cases. They are restrictive. They need to be restrictive because the first and paramount interest is the safety and security of Canadians. That is the difference, that is the distinction and that is why the bill must pass.