First and foremost, be assured that there is a review, Mr. Speaker, of any detentions every six months and on an ongoing basis.
More important, there was a suggestion that there needed to be something in the nature of a special advocate. This bill provides for a special advocate who is security cleared and will have some experience in matters like this, who is able to probe the evidence, who is able to look at the material to see whether it should be confidential or not, or whether there are issues about bringing it in the public or not. The special advocate would be allowed to cross-examine witnesses, to probe the evidence that the minister has put forth. This bill underscores the idea of protecting the person's interest as much as is possible with regard to the fact that the security of the nation and the security of Canadians is paramount.
It sets out the parameters of how this might work. Then it adds a particular clause which states that the special advocate may exercise with the judge's authorization any other powers that are necessary to protect the interest of the permanent resident or foreign national.
It certainly indicates very specifically what can be done. It also says that in a challenge of the minister's claim that disclosure of information or other evidence would be injurious to national security, the special advocate can challenge the relevance, the reliability, the sufficiency of information or other evidence and the weight to be given to it. He or she may make oral or written submissions with respect to the information and other evidence that is provided and may participate in and cross-examine the witnesses who testified during any part of the proceeding that is being held.
That sounds very much like what we have in an ordinary courtroom in a criminal proceeding. It is the type of thing that is meant to protect the person's interest to the degree that it can be protected, given the circumstances that we find ourselves in.