Criminal Code — C-46 83.3
Attorney General’s consent 83.3 (1) The Attorney General’s consent is required before a peace officer may lay an information under subsection (2). Terrorist activity (2) Subject to subsection (1), a peace officer may lay an information before a provincial court judge if the peace officer (a) believes on reasonable grounds that a terrorist activity may be carried out; and (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. Appearance (3) The judge who receives the information may cause the person to appear before any provincial court judge. Arrest without warrant (4) Despite subsections (2) and (3), a peace officer may arrest a person without a warrant and cause the person to be detained in custody, in order to bring them before a provincial court judge in accordance with subsection (6), if (a) either (i) the grounds for laying an information referred to in paragraphs (2)(a) and (b) exist but, by reason of exigent circumstances, it would be impracticable to lay an information under subsection (2), or (ii) an information has been laid under subsection (2) and a summons has been issued; and (b) the peace officer suspects on reasonable grounds that the detention of the person in custody is necessary to prevent a terrorist activity. Duty of peace officer (5) If a peace officer arrests a person without a warrant in the circumstance described in subparagraph (4)(a)(i), the peace officer shall, within the time prescribed by paragraph (6)(a) or (b), (a) lay an information in accordance with subsection (2); or (b) release the person. When person to be taken before judge (6) Unless a peace officer is satisfied that a person should be released from custody without conditions before their appearance before a provincial court judge in accordance with the rules in paragraph (a) or (b), and so releases the person, the person detained in custody shall be taken before a provincial court judge in accordance with the following rules: (a) if a provincial court judge is available within 24 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 (b) if a provincial court judge is not available within 24 hours after the person has been arrested, the person shall be taken before a provincial court judge as soon as feasible. How person dealt with (7) When a person is taken before a provincial court judge under subsection (6), (a) if an information has not been laid under subsection (2), the judge shall order that the person be released; or (b) if an information has been laid under subsection (2), (i) the judge shall order that the person be released unless the peace officer who laid the information shows cause why the person’s detention in custody is justified on one or more of the following grounds: (A) the detention is necessary to ensure the person’s appearance before a provincial court judge in order to be dealt with in accordance with subsection (8), (B) the detention is necessary for the protection or safety of the public, including any witness, having regard to all the circumstances including (I) the likelihood that, if the person is released from custody, a terrorist activity will be carried out, and (II) any substantial likelihood that the person will, if released from custody, interfere with the administration of justice, and (C) the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including the apparent strength of the peace officer’s grounds under subsection (2), and the gravity of any terrorist activity that may be carried out, and (ii) the judge may adjourn the matter for a hearing under subsection (8) but, if the person is not released under subparagraph (i), the adjournment may not exceed 48 hours. Adjournment unde