APPLICATION OF ACT
Marginal note:Application of Act
3. This Act applies in respect of a designated state when the Governor in Council has pursuant to section 4 declared it to be applicable in respect of that state, and it applies in respect of that state only to the extent declared by the Governor in Council pursuant to that section.
- R.S., c. V-6, s. 3.
4. The Governor in Council may by proclamation
(a) designate any country as a designated state for the purposes of this Act;
(b) declare the extent to which this Act is applicable in respect of any designated state;
(c) designate civilian personnel as a civilian component of a visiting force; and
(d) revoke or amend any designation or declaration made under paragraph (a), (b) or (c).
- R.S., c. V-6, s. 4.
DISCIPLINARY JURISDICTION OF VISITING FORCES
Marginal note:Primary right of civil courts to exercise jurisdiction
5. (1) Except in respect of offences mentioned in subsection 6(2), the civil courts have the primary right to exercise jurisdiction in respect of any act or omission constituting an offence against any law in force in Canada alleged to have been committed by a member of a visiting force or a dependant.
Marginal note:Previous trial by service courts
(2) Where a member of a visiting force or a dependant has been tried by a service court of that visiting force and has been convicted or acquitted, the member or dependant may not be tried again by a civil court for the same offence.
- R.S., c. V-6, s. 5.
Marginal note:Jurisdiction of service courts
6. (1) Subject to this Act, the service authorities and service courts of a visiting force may exercise within Canada in relation to members of that force and dependants all the criminal and disciplinary jurisdiction that is conferred on them by the law of the designated state to which they belong.
Marginal note:Primary right to exercise jurisdiction
(2) With respect to the alleged commission by a member of a visiting force of an offence respecting
(a) the property or security of the designated state,
(b) the person or property of another member of the visiting force or a dependant, or
(c) an act done or anything omitted in the performance of official duty,
the service courts of the visiting force have the primary right to exercise jurisdiction.
Marginal note:Previous trial by civil courts
(3) Where a member of a visiting force or a dependant has been tried by a civil court and has been convicted or acquitted, the member or dependant may not be tried again within Canada for the same offence by a service court of that visiting force, but nothing in this subsection prevents that service court from trying within Canada a member of the visiting force or a dependant for any contravention of rules of discipline arising from an act or omission that constituted an offence for which the member or dependant was tried by a civil court.
- R.S., 1985, c. V-2, s. 6;
- 2004, c. 25, s. 180(F).
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