New bill on "investigative hearings" and "preventive detention"

NSL, Ch. 15, p.561; Ch. 15, p.619

In keeping with efforts in the last several sessions of Parliament, the government has tabled a bill seeking to re-enact the investigative hearing and so-called "preventive detention" (technically, recognizance with conditions) provisions that expired in 2007. 

The bill's clauses are mostly identical to these expired sections, despite Supreme Court jurisprudence since 2001 that means some of these provisions cannot be read literally.  It is unfortunate that the government has not seen fit to, e.g., emphatically specify that the derivative use immunity referred to by clause 83.28(10) extends to extradition and deportation proceedings.  Such an extension is necessary as a constitutional matter, per the Supreme Court's holding in the 2004 Air India-related case.  There are other examples like these, which I will detail in due course.

However, for present purposes, I post here a comparison of the new bill -- C-17 -- and the expired Criminal Code provisions that I produced for my own purposes and which may be useful to others.


Bill C-17 Comparison Doc