How does the proposed legislation implement the SCC decision regarding reviews of the reasons for continuing to detain individuals?
A8. The proposed legislation reflects the Supreme Court’s decision by providing foreign nationals with the same detention review rights as permanent residents. Any person subject to a security certificate will be entitled to an initial detention review, by a Federal Court judge within 48-hours. This may be followed by ongoing reviews at six-month intervals thereafter. In the case of both foreign nationals and permanent residents, the Minister of Public Safety must issue a warrant for the arrest and detention of individuals subject to a security certificate, if it is believed that the person would endanger public safety or national security. A Federal Court judge would then decide if detention is warranted.
