 The respondents also noted that Gaudron made similar comments in the Stolen Generations case, which also considered non-judicial detention in the context of Aboriginal children who were forcibly removed from their parents' care. For this reason and others, they argued that the power to detain people for the purposes of criminal trial and punishment (as opposed to detention generally) was clearly a judicial function, but there is no general rule and other powers to detain may not offend Chapter III.
