The Crown sought an ex parte order under s. 83.28 of the Criminal Code to compel a Named Person to attend a judicial investigative hearing and answer questions regarding the Air India bombings.
The Named Person challenged the constitutionality of s. 83.28, arguing it violated the right against self-incrimination under s. 7 of the Charter and compromised judicial independence.
The Supreme Court of Canada upheld the provision, finding it procedural in nature, thus applicable retrospectively.
The Court held that s. 83.28 includes adequate safeguards, such as derivative use immunity, which must be extended to extradition and deportation hearings to comply with s. 7.
The Court also found that the provision does not compromise judicial independence, as judges retain their role in protecting the witness's constitutional rights.