Mutual Legal Assistance in Criminal Matters Act (R.S.C., 1985, c. 30 (4th Supp.))

Act current to 2016-08-01 and last amended on 2015-03-09. Previous Versions

Mutual Legal Assistance in Criminal Matters Act

R.S.C., 1985, c. 30 (4th Supp.)

An Act to provide for the implementation of treaties for mutual legal assistance in criminal matters and to amend the Criminal Code, the Crown Liability Act and the Immigration Act

[1988, c. 37, assented to 28th July, 1988]

Short Title

Marginal note:Short title

 This Act may be cited as the Mutual Legal Assistance in Criminal Matters Act.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    agreement

    accord

    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; (accord)

    competent authority

    autorité compétente

    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; (autorité compétente)

    data

    données

    data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; (données)

    foreign state

    foreign state[Repealed, 1999, c. 18, s. 97]

    International Criminal Court

    Cour pénale internationale

    International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act; (Cour pénale internationale)

    judge

    juge

    judge means

    • (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, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; (juge)

    Minister

    ministre

    Minister means the Minister of Justice; (ministre)

    offence

    infraction

    offence means an offence within the meaning of the relevant agreement; (infraction)

    record

    document

    record means a medium on which data is registered or marked; (document)

    request

    demande

    request means a request for assistance presented pursuant to an agreement; (demande)

    state or entity

    État ou entité

    state or entity means

    • (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. (État ou entité)

    treaty

    treaty[Repealed, 1999, c. 18, s. 97]

  • (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;
  • 2002, c. 7, s. 209(E);
  • 2014, c. 31, s. 36.
Marginal note:Inconsistency of Acts
  •  (1) 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.

  • Marginal note:Preservation of informal arrangements

    (2) 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.

Schedule

Marginal note:Designation
  •  (1) The names of international criminal courts and tribunals that appear in the schedule are designated as states or entities for the purpose of this Act.

  • Marginal note:Amendments to schedule

    (2) The Minister of Foreign Affairs may, with the agreement of the Minister, by order, add to or delete from the schedule the names of international criminal courts and tribunals.

  • R.S., 1985, c. 30 (4th Supp.), s. 4;
  • 1999, c. 18, s. 99.

Publication of Agreements

Marginal note:Publication in Canada Gazette
  •  (1) Unless the agreement has been published under subsection (2), an agreement — or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement — must be published in the Canada Gazette no later than 60 days after it comes into force.

  • Marginal note:Publication in Canada Treaty Series

    (2) An agreement — or the provisions respecting mutual legal assistance in criminal matters contained in a convention or other international agreement — may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after it comes into force.

  • Marginal note:Judicial notice

    (3) Agreements and provisions published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed.

  • R.S., 1985, c. 30 (4th Supp.), s. 5;
  • 1999, c. 18, s. 99.

Administrative Arrangements

Marginal note:Administrative arrangements
  •  (1) If there is no agreement between Canada and a state or entity, or the state’s or entity’s name does not appear in the schedule, the Minister of Foreign Affairs may, with the agreement of the Minister, enter into an administrative arrangement with the state or entity providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be an indictable offence.

  • Marginal note:Administrative arrangements

    (2) If an agreement expressly states that legal assistance may be provided with respect to acts that do not constitute an offence within the meaning of the agreement, the Minister of Foreign Affairs may, in exceptional circumstances and with the agreement of the Minister, enter into an administrative arrangement with the state or entity concerned, providing for legal assistance with respect to an investigation specified in the arrangement relating to an act that, if committed in Canada, would be a contravention of an Act of Parliament or of the legislature of a province.

  • Marginal note:Nature of administrative arrangement

    (3) An administrative arrangement entered into under subsection (1) or (2) may be implemented by the Minister, pursuant to this Act, in the same manner as an agreement.

  • Marginal note:Idem

    (4) An administrative arrangement entered into under subsection (1) or (2) has force and effect only for such period not exceeding six months as is specified therein and with respect to the type of legal assistance that is specified therein.

  • Marginal note:No scheduling or publication required

    (5) Sections 4 and 5 do not apply in respect of an administrative arrangement entered into under subsection (1) or (2).

  • Marginal note:Proof

    (6) In any legal or other proceeding, an administrative arrangement entered into under subsection (1) or (2) and purporting to be signed by the Minister of Foreign Affairs or by a person designated by the Minister of Foreign Affairs is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and proof that it is what it purports to be.

  • R.S., 1985, c. 30 (4th Supp.), s. 6;
  • 1995, c. 5, s. 25;
  • 1999, c. 18, s. 100.
 
Date modified: