Mr. Speaker, it is important to educate people who are watching and listening to the debate as it unfolds and who may be asking themselves what an investigative hearing is. I am going to inform the House and my hon. colleague on some of the issues surrounding investigative hearings.
Sections 83.28 and 83.29 of the Criminal Code allow the courts to compel a witness who may have information regarding a terrorism offence to justify and provide real evidence. The process is as follows and here are the protections in this legislation.
With the prior consent of the attorney general, a peace officer investigating a terrorism offence that has been or will be committed may apply to a judge for an order requiring a witness who is believed to have information concerning the terrorism offence to appear before the judge to answer questions or produce an item of real evidence.
If the judge believes that there are reasonable grounds that the person has information concerning a past terrorism offence, the judge may make an order for the gathering of information. If the judge believes there are reasonable grounds that a terrorism offence will be committed in the future, that the person has direct and material information and that reasonable attempts have already been made to obtain the information, the judge may make an order for the gathering of that information.
What are some of the safeguards with regard to these investigative hearings? Only a judge of a provincial court or of a superior court of criminal jurisdiction can hear a peace officer's application for investigative hearings. We see that there is a protection to society that says if a police officer has some information that he or she thinks is important, the police officer cannot willy-nilly make arrests. The police officer must first go to a judge to ensure that the rights of the person who has that information are protected.
To make sure that there is additional balance the prior consent of the Attorney General of Canada or the attorney general or solicitor general of a province is needed before a police officer can apply for an investigative hearing. We see the maintenance of balance and those protections are not only there but they continue. The law of this country makes sure that police officers go through the appropriate steps with the appropriate counterbalances to ensure the right thing is done. There must be reasonable grounds to believe that a terrorism offence has been committed and that the information concerning the offence, or that reveals the whereabouts of a person suspected by a police officer having committed the offence, is likely to be obtained by the hearing before an order is granted. Or there must be reasonable grounds to believe that a terrorism offence will be committed, reasonable grounds to believe that a person has direct or material information that relates to a terrorism offence and reasonable attempts have been made to obtain the information from the person.
We can see that there are balances. We can see that the previous government kept in mind and that this government continues to keep in mind and to maintain those balances which are necessary to ensure that person's rights and freedoms are protected.
As I previously stated, the Supreme Court has upheld these two so-called controversial parts of the Anti-terrorism Act. That is the protection that Canadians need to know and do know are there.
I thank the hon. member for the opportunity to inform the House and Canadians that the matters we are discussing here today are relevant, and that the Supreme Court has already reviewed them and found them to be totally within the Charter of Rights and Freedoms.