Mr. Speaker, my friend goes back to the annals of history with the War Measures Act. He did not quite go back to the War of 1812, with which he may be personally acquainted, but does he not concede that the War Measures Act, when it was applied in the second world war and again in 1970, was in the pre-charter era and that there is no danger whatsoever that any of the ATA provisions would not be reviewed within the scope of the charter?
Surely the member is aware of court decisions that were very adamant in ensuring that the right to counsel of the choice of the detainee would be inserted in the law. Surely he thinks that could be either made by way of amendment at committee or perhaps even be proposed by the government.
With that provision, which is the salient point that the courts have opined upon, would the member not be comfortable with the charter in place, with the right to counsel and finally his statement that these are fundamental rights, right to counsel and right against self-incrimination? Does he not concede that section 1 of the charter, which overrides, in the case of national security, certain fundamental rights exist and has been held by the courts, the Supreme Court of Canada in fact, to have been applied?
In other words, does the member not concede that even though we have not used these provisions we may need these provisions and that it is prudent government to look at legislation that takes into account the modern laws, not the laws of the 1940s, which his speech was, with all due respect, replete with?