In April 2013, when the two “VIA rail terror plot” suspects were charged with terrorism offences, my reaction was a mixture of surprise and relief. Surprised and relieved because they were charged under the Criminal Code of Canada instead of being issued a security certificate.

These two men would, at least theoretically, get all of the fundamental safeguards that are integral to the Canadian criminal justice system. They would be presumed innocent, and the allegations against them would be tested in a fair trial. And most importantly, at some point, they would either receive a guilty verdict and be sentenced, or not guilty verdict and be free. None of these safeguards exist for persons named in a security certificate.