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

Act current to 2014-09-15 and last amended on 2005-07-19. Previous Versions

Marginal note: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.
Marginal note:Variation of transfer order

 A judge who made a transfer order or another judge of the same court may vary its terms and conditions.

Marginal note: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.

Marginal note: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 Youth Criminal Justice Act.

  • R.S., 1985, c. 30 (4th Supp.), s. 29;
  • 2002, c. 1, s. 195.

Lending Exhibits

Marginal note:Approval of loan request
  •  (1) When the Minister approves the request of a state or entity to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada lent to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a loan order.

  • Marginal note:Application for loan order

    (2) After having given reasonable notice to the attorney general of the province where the exhibit sought to be lent to the state or entity mentioned in subsection (1) is located and to the parties to the proceeding, the competent authority who is provided with the documents or information shall apply for a loan order to the court that has possession of the exhibit.

  • Marginal note:Contents of application

    (3) An application made under subsection (2) must

    • (a) contain a description of the exhibit requested to be lent;

    • (b) designate a person or class of persons to whom the exhibit is sought to be given;

    • (c) state the reasons for the request, as well as contain a description of any tests that are sought to be performed on the exhibit and a statement of the place where the tests will be performed;

    • (d) state the place or places to which the exhibit is sought to be removed; and

    • (e) specify a period of time at or before the expiration of which the exhibit is to be returned.

  • R.S., 1985, c. 30 (4th Supp.), s. 30;
  • 1999, c. 18, s. 117.