SECU Committee Report
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RECOMMENDATION 1
The Subcommittee recommends that the provisions related to investigative hearings be extended to December 31, 2011.
RECOMMENDATION 2
The Subcommittee recommends that the provisions related to recognizance with conditions be extended to December 31, 2011.
RECOMMENDATION 3
The Subcommittee recommends that any further extension of investigative hearings and recognizance with conditions be subject to a prior comprehensive parliamentary review of the provisions and operation of these two measures.
RECOMMENDATION 4
The Subcommittee recommends that section 83.28(4) of the Criminal Code be amended to remove paragraph (a) so that investigative hearings are only available when there is reason to believe there is imminent peril that a terrorist offence will be committed.
RECOMMENDATION 5
The Subcommittee recommends that, in conjunction with Recommendation 4, section 83.28(2) of the Criminal Code be amended to add the requirement that before a peace officer makes an ex parte application to a judge, the peace officer has reasonable grounds to believe a terrorism offence will be committed.
RECOMMENDATION 6
The Subcommittee recommends that section 83.28(2) of the Criminal Code be amended so as to deem anything done under sections 83.28 and 83.29 to be proceedings under the Code.
RECOMMENDATION 7
The Subcommittee recommends that the words “and for greater certainty and so as not to restrict the generality of the foregoing” be added immediately before the word “or” in section 83.28(4)(a)(ii) and (b)(ii) of the Criminal Code.
RECOMMENDATION 8
The Subcommittee recommends that section 83.28(5) of the Criminal Code be amended by removing the word “may” at the end of the first line and inserting the word “shall” before paragraph (a) and the word “may” before paragraphs (b) to (e). As well, the word “a” in paragraph (a) should be replaced by the word “the”.
RECOMMENDATION 9
The Subcommittee recommends that section 83.3(3) of the Criminal Code be amended by replacing the word “may” by the word “shall” and the word “the” by the word “a” before “provincial court judge”.
RECOMMENDATION 10
The Subcommittee recommends that the opening words of section 83.3(8) of the Criminal Code be amended by replacing “subsection (3)” by “this section”.