Mr. Speaker, the fact is that back in June 2004, in reference related to the Air India prosecution, the Supreme Court of Canada upheld the constitutionality of this provision. In a companion case, the court held that there was a presumption that investigative hearings should be held in open court. Although upheld as constitutional, a hearing was never convened, but the fact is that this has been tested in court. It has been upheld as being constitutional.
In the House of Commons on April 17th, 2008. See this statement in context.