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| Definition of
``judge''
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83.28 (1) In this section and section 83.29,
``judge'' means a provincial court judge or a
judge of a superior court of criminal
jurisdiction.
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| Order for
gathering
evidence
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(2) Subject to subsection (3), a peace officer
may, for the purposes of an investigation of a
terrorism offence, apply ex parte to a judge for
an order for the gathering of evidence.
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| Attorney
General's
consent
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(3) A peace officer may make an
application under subsection (2) only if the
prior consent of the Attorney General was
obtained.
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| Making of
order
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(4) A judge to whom an application is made
under subsection (2) may make an order for
the gathering of evidence if the judge is
satisfied that the consent of the Attorney
General was obtained as required by
subsection (3) and
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(a) that there are reasonable grounds to
believe that
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(i) a terrorism offence has been
committed, and
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(ii) information concerning the offence,
or information that may reveal the
whereabouts of a person suspected by the
peace officer of having committed the
offence, is likely to be obtained as a result
of the order; or
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(i) there are reasonable grounds to
believe that a terrorism offence will be
committed,
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(ii) there are reasonable grounds to
believe that a person has direct and
material information that relates to a
terrorism offence referred to in
subparagraph (i), or that may reveal the
whereabouts of an individual who the
peace officer suspects may commit a
terrorism offence referred to in that
subparagraph, and
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(iii) reasonable attempts have been made
to obtain the information referred to in
subparagraph (ii) from the person
referred to in that subparagraph.
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| Contents of
order
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(5) An order made under subsection (4) may
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(a) order the examination, on oath or not, of
a person named in the order;
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(b) order the person to attend at the place
fixed by the judge, or by the judge
designated under paragraph (d), as the case
may be, for the examination and to remain
in attendance until excused by the presiding
judge;
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(c) order the person to bring to the
examination any thing in their possession or
control, and produce it to the presiding
judge;
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(d) designate another judge as the judge
before whom the examination is to take
place; and
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(e) include any other terms or conditions
that the judge considers desirable,
including terms or conditions for the
protection of the interests of the person
named in the order and of third parties or for
the protection of any ongoing investigation.
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| Execution of
order
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(6) An order made under subsection (4) may
be executed anywhere in Canada.
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| Variation of
order
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(7) The judge who made the order under
subsection (4), or another judge of the same
court, may vary its terms and conditions.
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| Obligation to
answer
questions and
produce
things
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(8) A person named in an order made under
subsection (4) shall answer questions put to
the person by or on behalf of the peace officer
who applied for the order, and shall produce to
the presiding judge things that the person was
ordered to bring, but may refuse if answering
a question or producing a thing would disclose
information that is protected by any law
relating to non-disclosure of information or to
privilege.
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| Judge to rule
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(9) The presiding judge shall rule on any
objection or other issue relating to a refusal to
answer a question or to produce a thing.
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| No person
excused from
complying
with
subsection (8)
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(10) No person shall be excused from
answering a question or producing a thing
under subsection (8) on the ground that the
answer or thing may tend to incriminate the
person or subject the person to any proceeding
or penalty, but
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(a) no answer given or thing produced under
subsection (8) shall be used or received
against the person in any criminal
proceedings against that person, other than
a prosecution under section 132 or 136; and
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(b) no evidence derived from the evidence
obtained from the person shall be used or
received against the person in any criminal
proceedings against that person, other than
a prosecution under section 132 or 136.
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| Right to
counsel
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(11) A person has the right to retain and
instruct counsel at any stage of the
proceedings.
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| Order for
custody of
thing
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(12) The presiding judge, if satisfied that
any thing produced during the course of the
examination will likely be relevant to the
investigation of any terrorism offence, shall
order that the thing be given into the custody
of the peace officer or someone acting on the
peace officer's behalf.
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| Arrest warrant
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83.29 (1) The judge who made the order
under subsection 83.28(4), or another judge of
the same court, may issue a warrant for the
arrest of the person named in the order if the
judge is satisfied, on an information in writing
and under oath, that the person
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(a) is evading service of the order;
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(b) is about to abscond; or
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(c) did not attend the examination, or did
not remain in attendance, as required by the
order.
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| Execution of
warrant
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(2) A warrant issued under subsection (1)
may be executed at any place in Canada by
any peace officer having jurisdiction in that
place.
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| Person to be
brought
before judge
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(3) A peace officer who arrests a person in
the execution of a warrant issued under
subsection (1) shall, without delay, bring the
person, or cause the person to be brought,
before the judge who issued the warrant or
another judge of the same court. The judge in
question may, to ensure compliance with the
order, order that the person be detained in
custody or released on recognizance, with or
without sureties.
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| Attorney
General's
consent
required to lay
information
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83.3 (1) The consent of the Attorney
General is required before a peace officer may
lay an information under subsection (2).
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| Terrorist
activity
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(2) Subject to subsection (1), a peace officer
may lay an information before a provincial
court judge if the peace officer
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(a) believes on reasonable grounds that a
terrorist activity will be carried out; and
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(b) suspects on reasonable grounds that the
imposition of a recognizance with
conditions on a person, or the arrest of a
person, is necessary to prevent the carrying
out of the terrorist activity.
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| Appearance
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(3) A provincial court judge who receives
an information under subsection (2) may
cause the person to appear before the
provincial court judge.
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| Arrest without
warrant
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(4) Notwithstanding subsections (2) and
(3), if
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(i) the condition exists for laying an
information under subsection (2) but, by
reason of exigent circumstances, it would
be impracticable to lay an information
under subsection (2), or
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(ii) an information has been laid under
subsection (2) and a summons has been
issued, and
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(b) the peace officer suspects on reasonable
grounds that the detention of the person in
custody is necessary in order to prevent the
commission of an indictable offence, where
the act or omission constituting the offence
also constitutes a terrorist activity,
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the peace officer may arrest the person
without warrant and cause the person to be
detained in custody, to be taken before a
provincial court judge in accordance with
subsection (6).
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| Duty of peace
officer
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(5) If a peace officer arrests a person
without warrant in the circumstance described
in subparagraph (4)(a)(i), the peace officer
shall, within the time prescribed by paragraph
(6)(a) or (b),
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(a) lay an information in accordance with
subsection (2), or
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| When person
to be taken
before judge
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(6) A person detained in custody under
subsection (4) shall be taken before a
provincial court judge in accordance with the
following rules:
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(a) if a provincial court judge is available
within a period of twenty-four hours after
the person has been arrested, the person
shall be taken before a provincial court
judge without unreasonable delay and in
any event within that period, and
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(b) if a provincial court judge is not
available within a period of twenty-four
hours after the person has been arrested, the
person shall be taken before a provincial
court judge as soon as possible,
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unless, at any time before the expiry of the
time prescribed in paragraph (a) or (b) for
taking the person before a provincial court
judge, the peace officer, or an officer in charge
within the meaning of Part XV, is satisfied that
the person should be released from custody
unconditionally, and so releases the person.
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| How person
dealt with
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(7) When a person is taken before a
provincial court judge under subsection (6),
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(a) if an information has not been laid under
subsection (2), the judge shall order that the
person be released; or
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(b) if an information has been laid under
subsection (2), the person shall be dealt
with in accordance with sections 515 to
524, those sections being applied subject to
the following:
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(i) such modifications as the
circumstances require,
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(ii) the word ``justice'' shall be read as
meaning a provincial court judge only,
and
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(iii) the person may not be detained in
custody by virtue of this section for
longer than forty-eight hours following
the appearance before the provincial
court judge under subsection (6).
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| Hearing
before judge
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(8) The provincial court judge before whom
the person appears pursuant to subsection (3)
may, if satisfied by the evidence adduced that
the peace officer has reasonable grounds for
the suspicion, order that the person enter into
a recognizance to keep the peace and be of
good behaviour for any period that does not
exceed twelve months and to comply with any
other reasonable conditions prescribed in the
recognizance, including the conditions set out
in subsection (10), that the provincial court
judge considers desirable for preventing the
commission of a terrorism offence.
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| Refusal to
enter into
recognizance
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(9) The provincial court judge may commit
the person to prison for a term not exceeding
twelve months if the person fails or refuses to
enter into the recognizance.
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| Conditions -
firearms
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(10) Before making an order under
subsection (8), the provincial court judge shall
consider whether it is desirable, in the
interests of the safety of the person or of any
other person, to include as a condition of the
recognizance that the person be prohibited
from possessing any firearm, cross-bow,
prohibited weapon, restricted weapon,
prohibited device, ammunition, prohibited
ammunition or explosive substance, or all of
those things, for any period specified in the
recognizance, and where the provincial court
judge decides that it is so desirable, the
provincial court judge shall add such a
condition to the recognizance.
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| Surrender, etc.
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(11) If the provincial court judge adds a
condition described in subsection (10) to a
recognizance, the provincial court judge shall
specify in the recognizance the manner and
method by which
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(a) the things referred to in that subsection
that are in the possession of the person shall
be surrendered, disposed of, detained,
stored or dealt with; and
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(b) the authorizations, licences and
registration certificates held by the person
shall be surrendered.
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| Reasons
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(12) If the provincial court judge does not
add a condition described in subsection (10) to
a recognizance, the provincial court judge
shall include in the record a statement of the
reasons for not adding the condition.
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| Variance of
conditions
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(13) The provincial court judge may, on
application of the peace officer, the Attorney
General or the person, vary the conditions
fixed in the recognizance.
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| Other
provisions to
apply
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(14) Subsections 810(4) and (5) apply, with
any modifications that the circumstances
require, to recognizances made under this
section.
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5. The definition ``offence'' in section 183
of the Act is amended
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(a) by adding, immediately after the
reference to ``82 (possessing explosive),'',
a reference to ``83.02 (providing or
collecting property for certain activities),
83.03 (providing, making available, etc.,
property or services for terrorist
purposes), 83.04 (using or possessing
property for terrorist purposes), 83.18
(participation in activity of terrorist
group), 83.19 (facilitating terrorist
activity), 83.2 (commission of offence for
terrorist group), 83.21 (instructing
commission of offence for terrorist
group), 83.22 (instructing to carry out
terrorist activity), 83.23 (harbouring or
concealing),'';
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(b) by adding, immediately after the
reference to ``424 (threat to commit
offences against internationally
protected person),'' a reference to ``424.1
(threat against United Nations or
associated personnel),'';
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(c) by adding, immediately after the
reference to ``431 (attack on premises,
residence or transport of internationally
protected person),'' a reference to ``431.1
(attack on premises, accommodation or
transport of United Nations or associated
personnel), 431.2 (explosive or other
lethal device),''; and
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(d) by adding, at the end of the definition,
the words '', or any other offence that
there are reasonable grounds to believe is
an offence described in paragraph (b) or
(c) of the definition ``terrorism offence''
in section 2 of this Act;''.
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| 1997, c. 23,
s. 4
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6. The portion of subsection 185(1.1) of
the Act before paragraph (b) is replaced by
the following:
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| Exception for
criminal
organizations
and terrorist
groups
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(1.1) Notwithstanding paragraph (1)(h),
that paragraph does not apply where the
application for an authorization is in relation
to
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(a) an offence under section 467.1 or a
terrorism offence ; or
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| 1997, c. 23,
s. 6
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7. The portion of section 186.1 of the Act
before paragraph (b) is replaced by the
following:
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| Time
limitation in
relation to
criminal
organizations
and terrorism
offences
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186.1 Notwithstanding paragraphs
184.2(4)(e) and 186(4)(e) and subsection
186(7), an authorization or any renewal of an
authorization may be valid for one or more
periods specified in the authorization
exceeding sixty days, each not exceeding one
year, where the authorization is in relation to
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(a) an offence under section 467.1 or a
terrorism offence ; or
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| 1997, c. 23,
s. 7
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8. The portion of subsection 196(5) of the
Act before paragraph (b) is replaced by the
following:
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| Exception for
criminal
organizations
and terrorist
groups
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(5) Notwithstanding subsections (3) and
185(3), where the judge to whom an
application referred to in subsection (2) or
185(2) is made, on the basis of an affidavit
submitted in support of the application, is
satisfied that the investigation is in relation to
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(a) an offence under section 467.1 or a
terrorism offence , or
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9. Section 231 of the Act is amended by
adding the following after subsection (6):
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| Murder
during
terrorist
activity
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(6.01) Irrespective of whether a murder is
planned and deliberate on the part of a person,
murder is first degree murder when the death
is caused while committing or attempting to
commit an indictable offence under this or any
other Act of Parliament where the act or
omission constituting the offence also
constitutes a terrorist activity.
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10. The Act is amended by adding the
following after section 320:
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| Warrant of
seizure
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320.1 (1) If a judge is satisfied by
information on oath that there are reasonable
grounds for believing that there is material,
that is, hate propaganda within the meaning of
subsection 320(8) or data within the meaning
of subsection 342.1(2) that makes hate
propaganda available, that is stored on and
made available to the public through a
computer system within the meaning of
subsection 342.1(2) that is within the
jurisdiction of the court, the judge may order
the custodian of the computer system to
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(a) give an electronic copy of the material
to the court;
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