Public Safety committee  As you indicated, the U.K. legislation provides for preventive detention of up to 28 days. Australian criminal law is a state issue as opposed to a federal issue. It varies from state to state, but in many states in Australia, preventive detention can be for up to 14 days. Our

Public Safety committee  This bill has more safeguards than a lot of legislation that exists in our allies' legislation.

Public Safety committee  In developing the bill, as I indicated...and this goes back to 2001. We looked at other laws in other countries. We also had regard to our own legal system, the Canadian Charter of Rights, the jurisprudence, and the existing provisions in the Criminal Code as to how persons who w

Public Safety committee  That question would be better posed to the RCMP or CSIS. They might be testifying on this bill as to how the existing law may have hindered them or not.

Public Safety committee  Whatever information I have has been provided by the RCMP and security forces. I think the question should be posed to them.

Public Safety committee  Correct.

Public Safety committee  I think the Toronto case was a situation in which the police had reasonable grounds to believe not only that a terrorist offence was being planned and would be committed, but also that they had reasonable grounds for believing who the actual individuals were. Therefore, rather th

Public Safety committee  --until they collected more and more evidence and decided that they would actually arrest.

Public Safety committee  They prevented it by the arrests, yes.

Public Safety committee  It was because, in that case, they had the evidence already.

Public Safety committee  You always have to have evidence. It's a question of whether you have enough evidence to arrest and charge a person as opposed to arresting a person to prevent them from carrying out their activities.

Public Safety committee  That's right. That was my answer to Mr. Davies. You have to have some evidence. It's a question of what kind of evidence. Under the existing law, you have to have reasonable grounds--evidence--to justify that the actual person is the likely perpetrator, while under this bill--

Public Safety committee  I said “likely” perpetrators--while under this bill, you have to have evidence justifying the judge in believing the police officer's statement that there were reasonable grounds to suspect that the arrest of this person was necessary.

Public Safety committee  Mr. Chairman, may I answer the question, please?

Public Safety committee  Thank you, Mr. Chair. Under the existing law the crown prosecutor can make an application to the judge that the state needs more time in order to convince the judge as to why the individual should be detained. And the judge is entitled, under the current law in the Criminal Cod