Visiting Forces Regulations (C.R.C., c. 1598)

To the Officer in Command of

(visiting force)

I, the undersigned, being the Attorney General (or Deputy Attorney General) of (Canada or province), do hereby waive, in favour of the service courts of (visiting force), the primary right of the civil courts of (province or territory) to exercise jurisdiction in respect of (name of member), a member of that visiting force, who is alleged to have committed an offence against a law in force in Canada, namely, that (here describe alleged circumstances of offence).

Dated at , this day of , 19

(Attorney General)

(Canada or province)

To the Attorney General of

(Canada or province)

Whereas (name of member) is a member of , a visiting force within the meaning of the Visiting Forces Act;

And whereas the said (name of member) is alleged to have committed an offence against a law in force in Canada, namely, (here describe the alleged circumstances of the offence);

And whereas it appears to the undersigned, the officer in command of the visiting force, that the primary right of the civil courts of (province or territory) to exercise jurisdiction in respect of the alleged commission by the said member of the said offence should be waived for the following reasons:

This is, therefore, to request that the primary right of the civil courts of (province or territory) to exercise jurisdiction in respect of the alleged commission by the said member of the said offence be waived.

Dated at , this day of , 19

(Officer in command)

(visiting force)

To the Officer in Command of

(visiting force)

I, the undersigned, being the Attorney General of (Canada or province) do hereby request the waiver of the primary right of the service courts of (visiting force) to exercise jurisdiction in respect of (name of member), a member of that visiting force, who is alleged to have committed an offence mentioned in subsection 6(2) of the said Act, namely, that (here describe alleged circumstances of offence).

The reasons for which this waiver of jurisdiction is sought are:

Dated at , this day of , 19

(Attorney General)

(Canada or province)

To the Attorney General of

(Canada or province)

I, the undersigned, being the officer in command of (visiting force) do hereby waive, in favour of the civil courts of (province or territory), the primary right of the service courts of the said visiting force to exercise jurisdiction in respect of (name of member), a member of that visiting force, who is alleged to have committed an offence mentioned in subsection 6(2) of the Visiting Forces Act, namely, that (here describe alleged circumstances of offence).

Dated at , this day of , 19

(Officer in command)

(visiting force)

To the Minister of National Defence

Whereas (name of member) is a member of the visiting force of (country) a designated state within the meaning of the Visiting Forces Act;

And whereas the said member has been sentenced by a service court to undergo a punishment involving incarceration;

And whereas it is desirable that the incarceration be served wholly or partly in a penitentiary, civil prison, service prison or detention barrack for the reason that (here set out reasons for the request including the nature of the place of incarceration under the law of the designated state)

This, therefore, is to request you to determine whether the punishment of the said member is to be served in whole or part in a penitentiary, civil prison, service prison or detention barrack;

And this is further an undertaking on behalf of the Government of (country) to reimburse the Government of Canada for the cost of rations to be supplied to the said member while he is incarcerated, if he is incarcerated in a penitentiary, service prison or detention barrack operated at the expense of the Government of Canada, and if he is incarcerated in a prison operated at the expense of the government of a province, to reimburse the government of the province for the cost of rations to be supplied to the said member while he is incarcerated.

Dated at , this day of , 19

(Officer in command)

(visiting force)

To the Officer in Command of

(visiting force)

Whereas (name of member), a member of the visiting force of (country), a designated state within the meaning of the Visiting Forces Act, has been sentenced by a service court to undergo a punishment involving incarceration;

And whereas you have requested that it be determined whether such punishment is to be served in whole or in part in a penitentiary, civil prison or detention barrack;

This is therefore to notify you

That I have determined that the said (name of member) shall serve his incarceration in the (penitentiary, civil prison, service prison or detention barrack) at , in the province (or territory) of , and

That, pursuant to section 187 of the National Defence Act, I hereby appoint you a committing authority within the meaning of that section in relation to the committal to the said (penitentiary, civil prison, service prison or detention barrack) of the said (name of member)

(Attorney General)

(Canada or province)

Canada,

Province of

To the Keeper of the (penitentiary, civil prison, service prison or detention barrack, as the case may be) at :

Whereas (name of member), a member of the visiting force of (country), a designated state within the meaning of the Visiting Forces Act, was on the day of sentenced by a service court to undergo a punishment involving incarceration, and it was adjudged that he should, for his offence, be imprisoned for the term of ;

And whereas, pursuant to subsection 11(2) of the said Act, the Minister of National Defence has determined that the punishment is to be served (in whole or in part) in the (penitentiary, civil prison, service prison or detention barrack, as the case may be) at ;

 This is, therefore, to command you, in Her Majesty’s name, to receive the said member into custody in the said (penitentiary, civil prison, service prison or detention barrack, as the case may be) and imprison him there for the term of , and for so doing this is a sufficient warrant.

Dated at , this day of , 19

(A committing authority under section 178 of the National Defence Act)

Canada,

Province of

To (name of witness) (occupation):

Whereas (name of member), a member of the (visiting force), has been charged that (state offence as in the charge) and it has been made to appear that you are likely to give material evidence for (the prosecution or the defence);

This is, therefore, to command you to attend before (set out name of tribunal) , on the day of , 19, at o’clock in the noon at , to give evidence concerning the said chargeFootnote ^*.

Dated this day of , at .

(Magistrate or justice)

• Return to footnote ^*Where a witness is required to produce documents add the following: and to bring with you any writings in your possession or under your control that relate to the said charge, and more particularly the following: (specify any writings required).