Marginal note:Jurisdiction to try criminal cases
38. (1) Every judge of the Court, with respect to any criminal offence committed or charged to have been committed within the Territories, has and may exercise and perform, not only within the Territories but also in any place in Canada that is not within the Territories, all the powers, duties and functions of the Court.
Marginal note:Application of laws
(2) All statutory and other provisions of the law applicable to criminal proceedings within the Territories apply in like manner to proceedings instituted or to be instituted or prosecuted under this section at any place not within the Territories.
Marginal note:Enforcement of decisions
(3) Any judgment, conviction, sentence or order pronounced or made in any proceedings held outside the Territories under this section may be enforced or executed at the place at which it is pronounced or made or elsewhere, either within or outside the Territories, as the judge of the Court may direct, and the proper officers of the Territories have and may exercise all powers and authority necessary or requisite for the enforcement or execution thereof at the place where it is directed to be enforced or executed, notwithstanding that the place is not within the Territories.
- R.S., c. N-22, s. 31.
Court of Appeal
39. The Court of Appeal of the Territories may sit in the Territories, in the Province of Alberta or in Nunavut.
- R.S., 1985, c. N-27, s. 39;
- 1993, c. 28, s. 77.3;
- 1998, c. 15, s. 17.
Confinement of Prisoners
Marginal note:Prisons in the Territories
40. The following places in the Territories are prisons, jails or lock-ups for the confinement of persons charged with the commission of any offence under a statute, ordinance or other law in force in the Territories or sentenced thereunder to a term of imprisonment not exceeding two years:
(a) every guardhouse, guardroom or other place of confinement that is maintained or managed by the Royal Canadian Mounted Police; and
(b) every building or part thereof or other enclosure, other than those referred to in paragraph (a), that is designated as a prison, jail or lock-up for the purposes of this section and section 41 by the Commissioner in Council.
- R.S., c. N-22, s. 44.
Marginal note:Custody of R.C.M.P., where no prison
41. Where it is impossible or inconvenient, by reason of absence or remoteness, to confine a person referred to in section 40 in a prison, jail or lock-up, the person may be sentenced or directed by a judge of the Court, police magistrate or justice of the peace, as the case may be, to be placed and kept in the custody of the Royal Canadian Mounted Police.
- R.S., c. N-22, s. 44.
Marginal note:Regulations respecting R.C.M.P. confinement places
42. The Governor in Council may make rules and regulations for the management, discipline and policy of guardhouses, guardrooms or other places of confinement referred to in paragraph 40(a), for the duties and conduct of persons employed therein or otherwise charged with the custody of prisoners and for all matters pertaining to the maintenance, discipline or conduct of prisoners including their employment outside as well as within a guardhouse, guardroom or other place of confinement.
- R.S., c. N-22, s. 45;
- 1974, c. 5, s. 15.
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