What was the investigative hearing intended to do and what does Bill S-3 propose?
As originally envisaged, investigative hearings gave the police the ability to compel someone with information about a terrorist activity to appear before a judge and answer questions. The purpose of the investigative hearing was to gather information relevant to the investigation of terrorist offences, not to charge or convict an individual with a Criminal Code offence. The tool was limited to cases of terrorist activity. The information provided by a person could not be used against them in any criminal or similar proceedings. The use of an investigative hearing required the consent of the Attorney General. Police or peace officers needed to apply to a provincial court judge for an order for the gathering of evidence. The person compelled to appear would have had the ability to retain and instruct counsel at any stage of the proceedings. Other safeguards existed as well. Before it sunsetted, s. 83.28 (investigative hearing) of the Criminal Code was engaged once by a provincial Attorn
