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

Act current to 2014-10-27 and last amended on 2005-07-19. Previous Versions

Marginal note:Making of loan order
  •  (1) If the court to which an application is made under subsection 30(2) is satisfied that the state or entity has requested the loan for a fixed period and has agreed to comply with the terms and conditions that the court proposes to include in any loan order, the court may, after having considered any representations of the persons to whom notice of the application was given in accordance with subsection 30(2), make a loan order.

  • Marginal note:Terms of loan order

    (2) A loan order made under subsection (1) must

    • (a) contain a description of the exhibit;

    • (b) order the person who has possession of the exhibit to give it to a person designated in the order or who is a member of a class of persons so designated;

    • (c) contain a description of any tests thereby authorized to be performed on the exhibit, as well as a statement of the place where the tests must be performed;

    • (d) fix the place or places to which the exhibit may be removed; and

    • (e) fix the period of time at or before the expiration of which the exhibit must be returned.

  • Marginal note:Terms and conditions

    (3) A loan order made under subsection (1) may include any terms or conditions that the court making it considers desirable, including those relating to the preservation of the exhibit.

  • R.S., 1985, c. 30 (4th Supp.), s. 31;
  • 1999, c. 18, s. 118.
Marginal note:Variation of loan order

 A court that made a loan order may vary its terms and conditions.

Marginal note:Copy of order to custodian

 A copy of a loan order and of an order varying it shall be delivered by the competent authority who applied for the order to the Minister and to the person who had possession of the exhibit when the loan order was made.

Marginal note:Presumption of continuity

 The burden of proving that an exhibit lent to a state or entity pursuant to a loan order made under subsection 31(1) and returned to Canada is not in the same condition as it was when the loan order was made or that it was tampered with after the loan order was made is on the party who makes that allegation and, in the absence of that proof, the exhibit is deemed to have been continuously in the possession of the court that made the loan order.

  • R.S., 1985, c. 30 (4th Supp.), s. 34;
  • 1999, c. 18, s. 119.

Appeal

Marginal note:Appeal on question of law

 An appeal lies, with leave, on a question of law alone, to the court of appeal, within the meaning of section 2 of the Criminal Code, from any order or decision of a judge or a court in Canada made under this Act, if the application for leave to appeal is made to a judge of the court of appeal within fifteen days after the order or decision.

  • R.S., 1985, c. 30 (4th Supp.), s. 35;
  • 1994, c. 44, s. 95.