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| SHORT TITLE | |||
| 1. Short title - This Act may be cited as the Mutual Legal Assistance in Criminal Matters Act. | |||
| INTERPRETATION | |||
| 2. (1) Definitions - In this Act, | |||
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"agreement" means a treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters;
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"competent authority" means the Attorney General of Canada, the attorney general of a province or any person or authority with responsibility in Canada for the investigation or prosecution of offences;
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"data" means representations, in any form, of information or concepts;
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"foreign state" [Repealed, 1999, c. 18, s. 97]
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"International Criminal Court" means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act;
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| "judge" means
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| (a) | in Ontario, a judge of the Superior Court of Justice, | ||
| (a.1) | in Prince Edward Island, a judge of the trial division of the Supreme Court, | ||
| (b) | in Quebec, a judge of the Superior Court, | ||
| (c) | in New Brunswick, Manitoba, Alberta and Saskatchewan, a judge of the Court of Queen's Bench, and | ||
| (d) | in Nova Scotia, British Columbia, Newfoundland, the Yukon Territory and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; | ||
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"Minister" means the Minister of Justice;
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"offence" means an offence within the meaning of the relevant agreement;
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"record" means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device;
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"request" means a request for assistance presented pursuant to an agreement;
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| state or entity" means
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| (a) | a state, a province, state or political subdivision of the state, or a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of the state, that is a party to an agreement with Canada, or | ||
| (b) | an international criminal court or tribunal, the name of which appears in the schedule. | ||
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"treaty" [Repealed, 1999, c. 18, s. 97]
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| (2) [Repealed, 1999, c. 18, s. 97] | |||
| R.S., 1985, c. 30 (4th Supp.), s. 2; 1992, c. 51, s. 58; 1998, c. 30, s. 14; 1999, c. 3, s. 80, c. 18, s. 97; 2000, c. 24, s. 56. | |||
| 3. (1) Inconsistency of Acts - In the event of any inconsistency between the provisions of this Act and the provisions of another Act of Parliament, other than the provisions of an Act prohibiting the disclosure of information or prohibiting its disclosure except under certain conditions, the provisions of this Act prevail to the extent of the inconsistency. | |||
| (2) Preservation of informal arrangements - Nothing in this Act or an agreement shall be construed so as to abrogate or derogate from an arrangement or practice respecting cooperation between a Canadian competent authority and a foreign or international authority or organization. | |||
| R.S., 1985, c. 30 (4th Supp.), s. 3; 1999, c. 18, s. 98. | |||
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| PART I FOREIGN INVESTIGATIONS OR OTHER PROCEEDINGS IN RESPECT OF OFFENCES | |||
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| Transfer of Detained Persons | |||
| 24. (1) Approval of transfer request - When the Minister approves a request of a state or entity to have a detained person who is serving a term of imprisonment in Canada transferred to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a transfer order. | |||
| (2) Application for transfer order - The competent authority who is provided with the documents or information shall apply for a transfer order to a judge of the province in which the person is detained. | |||
| (3) Contents of application - An application made under subsection (2) must | |||
| (a) | state the name of the detained person; | ||
| (b) | state the place of confinement of the detained person; | ||
| (c) | designate a person or class of persons into whose custody the detained person is sought to be delivered; | ||
| (d) | state the place to which the detained person is sought to be transferred; | ||
| (e) | state the reasons why the detained person is sought to be transferred; and | ||
| (f) | specify a period of time at or before the expiration of which the detained person is to be returned. | ||
| R.S., 1985, c. 30 (4th Supp.), s. 24; 1999, c. 18, s. 115. | |||
| 25. (1) Making of transfer order - If the judge to whom an application is made under subsection 24(2) is satisfied, having considered, among other things, any documents filed or information given in support of the application, that the detained person consents to the transfer and that the state or entity has requested the transfer for a fixed period, the judge may make a transfer order. | |||
| (2) Warrant to bring detained person - A judge to whom an application is made under subsection 24(2) may order that the detained person be brought before him so that that person may be examined with respect to the transfer. | |||
| (3) Terms of transfer order - A transfer order made under subsection (1) must | |||
| (a) | set out the name of the detained person and his place of confinement; | ||
| (b) | order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of a class of persons so designated; | ||
| (c) | order the person receiving the detained person into custody under paragraph (b) to take him or her to the state or entity and, on the return of the detained person to Canada, to return that person to the place of confinement where he or she was when the order was made; | ||
| (d) | state the reasons for the transfer; and | ||
| (e) | fix the period of time at or before the expiration of which the detained person must be returned. | ||
| (4) Terms and conditions - A transfer order made under subsection (1) may include any terms or conditions that the judge making it considers desirable, including those relating to the protection of the interests of the detained person. | |||
| R.S., 1985, c. 30 (4th Supp.), s. 25; 1999, c. 18, s. 116. | |||
| 26. Absence deemed imprisonment - For the purposes of Parts I and II of the Corrections and Conditional Release Act and the Prisons and Reformatories Act, a detained person who is not in the place of confinement from which he was delivered pursuant to a transfer order shall be deemed to be in that place of confinement and to have applied himself industriously to the program of the place of confinement, as long as he remains in custody pursuant to the transfer order and is of good behaviour. | |||
| R.S., 1985, c. 30 (4th Supp.), s. 26; 1992, c. 20, ss. 215, 216. | |||
| 27. Variation of transfer order - A judge who made a transfer order or another judge of the same court may vary its terms and conditions. | |||
| 28. Copy of order to jailer - A copy of a transfer order made under subsection 25(1) and of an order varying it made under section 27 shall be delivered, by the competent authority who applied for the order, to the Minister and to the person in whose custody the detained person was when the transfer order was made. | |||
| 29. Exception for young persons - Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Young Offenders Act. | |||
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| PART III IMPLEMENTATION OF AGREEMENTS IN CANADA | |||
| Special Authorization to Come Into Canada | |||
| 40. (1) Special authorization - The Minister may, in order to give effect to a request of a Canadian competent authority, authorize a person in a state or entity who is a member of an inadmissible class of persons described in section 19 of the Immigration Act to come into Canada at a place designated by the Minister and to go to and remain in a place in Canada so designated for the period of time specified by the Minister, and the Minister may make the authorization subject to any conditions that the Minister considers desirable. | |||
| (2) Variation of authorization - The Minister may vary the terms of an authorization granted under subsection (1) and, in particular, may extend the period of time during which the person is authorized to remain in a place in Canada. | |||
| (3) Non-compliance with conditions of authorization - A person to whom an authorization is granted under subsection (1) who is found in a place in Canada other than the place designated in the authorization or in any place in Canada after the expiration of the period of time specified in the authorization or who fails to comply with some other condition of the authorization shall, for the purposes of the Immigration Act, be deemed to be a person who entered Canada as a visitor and remains therein after he has ceased to be a visitor. | |||
| R.S., 1985, c. 30 (4th Supp.), s. 40; 1999, c. 18, s. 123. | |||
| 41. (1) Safe conduct - A person who is in Canada pursuant to a request to give evidence in a proceeding or to give assistance in relation to an investigation or proceeding | |||
| (a) | may not be detained, prosecuted or punished in Canada for any act or omission that occurred before the person's departure from the state or entity pursuant to the request; | ||
| (b) | is not subject to civil process in respect of any act or omission that occurred before the person's departure from the state or entity pursuant to the request; and | ||
| (c) | may not be required to give evidence in any proceeding in Canada other than the proceeding to which the request relates. | ||
| (2) Limitation - Subsection (1) ceases to apply to a person who is in Canada pursuant to a request when the person leaves Canada or has the opportunity to leave Canada but remains in Canada for a purpose other than fulfilling the request. | |||
| R.S., 1985, c. 30 (4th Supp.), s. 41; 1999, c. 18, s. 124. | |||
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