E-8 - Fire Investigations Act

Section 21 Disposition versions

1988-08-31

21. Where the investigation commissioner has reasonable cause to believe that a person whom he intends to summon as a witness in an inquiry will evade service of the summons or will not attend in response to the summons, he may apply to a judge of the Court of Québec for a warrant enjoining a peace officer to arrest the person and cause him to appear.

Where the investigation commissioner is satisfied that another person has reasonable cause to believe that a witness in the inquiry will evade service of a summons or will not attend in response to a summons, he may authorize that person to apply to a judge of the Court of Québec for a warrant enjoining a peace officer to arrest the witness and cause him to appear.

The person arrested shall appear promptly before a judge of the Court of Québec. The person arrested and the person who applied for the warrant shall then be given the opportunity to be heard before a ruling is made as to detention or release.

1968, c. 16, s. 21; 1969, c. 21, s. 35; 1983, c. 41, s. 197; 1986, c. 95, s. 138; 1988, c. 21, s. 66.

1987-02-15

21. Where the investigation commissioner has reasonable cause to believe that a person whom he intends to summon as a witness in an inquiry will evade service of the summons or will not attend in response to the summons, he may apply to a judge of the Court of the Sessions of the Peace for a warrant enjoining a peace officer to arrest the person and cause him to appear.

Where the investigation commissioner is satisfied that another person has reasonable cause to believe that a witness in the inquiry will evade service of a summons or will not attend in response to a summons, he may authorize that person to apply to a judge of the Court of the Sessions of the Peace for a warrant enjoining a peace officer to arrest the witness and cause him to appear.

The person arrested shall appear promptly before a judge of the Court of the Sessions of the Peace. The person arrested and the person who applied for the warrant shall then be given the opportunity to be heard before a ruling is made as to detention or release.

1968, c. 16, s. 21; 1969, c. 21, s. 35; 1983, c. 41, s. 197; 1986, c. 95, s. 138.

1986-03-03

21. When the investigation commissioner is of the opinion that a person whose testimony he deems necessary will fail or refuse to be present at the inquiry, he may order such person arrested, with or without a warrant, and brought before him within twenty-four hours after his arrest or, if that is impossible, within the shortest possible delay; the investigation commissioner may then, in order to ensure his presence at the inquiry, require bail of such person or direct that such person be detained in a house of detention.

No person shall be so detained for more than twenty-four hours without being brought again before the investigation commissioner; the investigation commissioner’s decision to extend the detention beyond twenty-four hours may be revised by a judge of the Superior Court for the district in which the investigation commissioner rendered his decision.

If the investigation commissioner requires the detention of several persons in the same house of detention, he may order that such persons be detained separately from one another, so that they cannot communicate with each other.

Any person arrested under this section may also be brought before a justice of the peace. In such a case a justice of the peace also possesses the powers conferred on an investigation commissioner under this section, subject to the same conditions.

1968, c. 16, s. 21; 1969, c. 21, s. 35; 1983, c. 41, s. 197.

1977-12-31

21. When the investigation commissioner is of the opinion that a person whose testimony he deems necessary will fail or refuse to be present at the inquiry, he may order such person arrested, with or without a warrant, and brought before him within twenty-four hours after his arrest or, if that is impossible, within the shortest possible delay; the investigation commissioner may then, in order to ensure his presence at the inquiry, require bail of such person or direct that such person be detained in a house of detention.

No person shall be so detained for more than twenty-four hours without being brought again before the investigation commissioner; the investigation commissioner’s decision to extend the detention beyond twenty-four hours may be revised by a judge of the Superior Court for the district in which the investigation commissioner rendered his decision.

If the investigation commissioner requires the detention of several persons in the same house of detention, he may order that such persons be detained separately from one another, so that they cannot communicate with each other.

1968, c. 16, s. 21; 1969, c. 21, s. 35.