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

Act current to 2023-01-11 and last amended on 2019-12-18. Previous Versions

PART IForeign Investigations or Other Proceedings in Respect of Offences (continued)

Production Orders (continued)

Marginal note:Production and non-disclosure orders

  •  (1) The justice or judge to whom the application is made may make an order in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code if the conditions set out in that section have been met.

  • Marginal note:Condition in order

    (2) An order made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code must require that a record containing the data be given to a designated person.

  • 2014, c. 31, s. 41

Marginal note:Sending abroad

  •  (1) If the justice or judge makes an order in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code, the justice or judge must also order

    • (a) that the person designated in the order send a record containing the data directly to the state or entity that made the request under subsection 22.02(1); or

    • (b) that sections 20 and 21 apply to the order with any necessary modifications.

  • Marginal note:Report

    (2) The person designated in the order must

    • (a) make a report concerning the execution of the order to the justice or judge who made it  —  or to another justice for the same territorial division or another judge in the judicial district where the order was made  —  accompanied by a general description of the data contained in the record obtained under the order and, if the justice or judge requires it, a record containing the data; and

    • (b) send a copy of the report to the Minister without delay.

  • Marginal note:Timing of report and sending abroad

    (3) If the justice or judge makes an order under paragraph (1)(a), the person designated in the order must make the report to the justice or judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which such a record is obtained under the order.

  • 2014, c. 31, s. 41

Marginal note:Offence

 Section 487.0198 of the Criminal Code applies to everyone who is subject to an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code.

  • 2014, c. 31, s. 41

Marginal note:Orders to gather tax information

  •  (1) A judge of the province to whom an application is made under subsection 17(2) with respect to an investigation or prosecution relating to an act or omission that, if it had occurred in Canada, would have constituted an offence referred to in subsection 462.48(1.1) of the Criminal Code may make an order for the gathering of the information or documents referred to in paragraph 462.48(2)(c) of that Act.

  • Marginal note:Criminal Code applies

    (2) Subject to subsection (3), an order made under subsection (1) may be obtained and made in accordance with subsections 462.48(1) to (5) of the Criminal Code and executed in the manner provided for in that Act, with any necessary modifications.

  • Marginal note:Provisions applicable to order

    (3) Paragraphs 18(2)(b) and (c), subsections 18(3) to (9) and sections 19 to 22, other than paragraph 19(1)(a), apply, with any necessary modifications, in respect of an order made under subsection (1) and prevail over any provisions of the Criminal Code that are inconsistent with them.

  • 2018, c. 27, s. 33

Video Link

Marginal note:Approval of request to obtain evidence by video link, etc.

  •  (1) If the Minister approves a request of a state or entity to compel a person to provide evidence or a statement regarding an offence by means of technology that permits the virtual presence of the person in the territory over which the state or entity has jurisdiction, or that permits the parties and the court to hear and examine the witness, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.

  • Marginal note:Application for order

    (2) The competent authority who is provided with the documents or information shall apply ex parte to a judge of the province in which the person may be found for an order for the taking of the evidence or statement from the person under subsection (1).

  • 1999, c. 18, s. 113
  • 2000, c. 24, s. 67

Marginal note:Order for video link, etc.

  •  (1) The judge may make the order if satisfied that there are reasonable grounds to believe that

    • (a) an offence has been committed; and

    • (b) the state or entity believes that the person’s evidence or statement would be relevant to the investigation or prosecution of the offence.

  • Marginal note:Provisions of order

    (2) An order made under subsection (1) shall order the person

    • (a) to attend at the place fixed by the judge for the taking of the evidence or statement by means of the technology and to remain in attendance until the person is excused by the authorities of the state or entity;

    • (b) to answer any questions put to the person by the authorities of the state or entity or by any person authorized by those authorities, in accordance with the law that applies to the state or entity;

    • (c) to make a copy of a record or to make a record from data and to bring the copy or record, when appropriate; and

    • (d) to bring any record or thing in his or her possession or control, when appropriate, in order to show it to the authorities by means of the technology.

  • Marginal note:Order effective throughout Canada

    (3) An order made under subsection (1) may be executed anywhere in Canada.

  • Marginal note:Terms and conditions of order

    (4) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of the person named in it and of third parties.

  • Marginal note:Variation

    (5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions.

  • Marginal note:Expenses

    (6) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order.

  • 1999, c. 18, s. 113
  • 2000, c. 24, s. 68

Marginal note:Other laws about witnesses to apply

 For greater certainty, when a witness gives evidence or a statement pursuant to an order made under section 22.2, the evidence or statement shall be given as though the witness were physically before the court or tribunal outside Canada, for the purposes of the laws relating to evidence and procedure but only to the extent that giving the evidence would not disclose information otherwise protected by the Canadian law of non-disclosure of information or privilege.

  • 1999, c. 18, s. 113

Marginal note:Contempt of court in Canada

 When a witness gives evidence under section 22.2, the Canadian law relating to contempt of court applies with respect to a refusal by the person to answer a question or to produce a record or thing as ordered by the judge under that section.

  • 1999, c. 18, s. 113

Arrest Warrant

Marginal note:Arrest warrant

  •  (1) The judge who made the order under subsection 18(1) or section 22.2 or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath, that

    • (a) the person did not attend or remain in attendance as required by the order or is about to abscond;

    • (b) the order was personally served on the person; and

    • (c) in the case of an order made under subsection 18(1), the person is likely to give material evidence and, in the case of an order under section 22.2, the state or entity believes that the testimony of the person would be relevant to the prosecution of the offence.

  • Marginal note:Warrant effective throughout Canada

    (2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer.

  • Marginal note:Order

    (3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 18(1) or section 22.2, order that the person be detained in custody or make a release order, as defined in section 2 of the Criminal Code, the form of which may be adapted to suit the circumstances.

  • Marginal note:Copy of information

    (4) A person who is arrested in execution of a warrant issued under subsection (1) is entitled to receive, on request, a copy of the information on which the warrant was issued.

Examination of Place or Site

Marginal note:Approval of request for examination of place or site

  •  (1) When the Minister approves a request of a state or entity to examine a place or site in Canada regarding an offence, including by means of the exhumation and examination of a grave, the Minister shall provide a competent authority with any documents or information necessary to apply for an order.

  • Marginal note:Application for order

    (2) The competent authority that is provided with the documents or information shall apply ex parte for an order for the examination of a place or site to a judge of the province in which the place or site is located.

  • Marginal note:Terms and conditions of order

    (3) An order may include any terms or conditions that the judge considers desirable, including those relating to the time and manner of its execution, and a requirement for notice.

  • 2000, c. 24, s. 69

Transfer of Detained Persons

Marginal note:Approval of transfer request

  •  (1) When the Minister approves a request of a state or entity to have a detained person who is serving a term of imprisonment in Canada transferred to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a transfer order.

  • Marginal note:Application for transfer order

    (2) The competent authority who is provided with the documents or information shall apply for a transfer order to a judge of the province in which the person is detained.

  • Marginal note:Contents of application

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

    • (a) state the name of the detained person;

    • (b) state the place of confinement of the detained person;

    • (c) designate a person or class of persons into whose custody the detained person is sought to be delivered;

    • (d) state the place to which the detained person is sought to be transferred;

    • (e) state the reasons why the detained person is sought to be transferred; and

    • (f) specify a period of time at or before the expiration of which the detained person is to be returned.

  • R.S., 1985, c. 30 (4th Supp.), s. 24
  • 1999, c. 18, s. 115

Marginal note:Making of transfer order

  •  (1) If the judge to whom an application is made under subsection 24(2) is satisfied, having considered, among other things, any documents filed or information given in support of the application, that the detained person consents to the transfer and that the state or entity has requested the transfer for a fixed period, the judge may make a transfer order.

  • Marginal note:Warrant to bring detained person

    (2) A judge to whom an application is made under subsection 24(2) may order that the detained person be brought before him so that that person may be examined with respect to the transfer.

  • Marginal note:Terms of transfer order

    (3) A transfer order made under subsection (1) must

    • (a) set out the name of the detained person and his place of confinement;

    • (b) order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of a class of persons so designated;

    • (c) order the person receiving the detained person into custody under paragraph (b) to take him or her to the state or entity and, on the return of the detained person to Canada, to return that person to the place of confinement where he or she was when the order was made;

    • (d) state the reasons for the transfer; and

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

  • Marginal note:Terms and conditions

    (4) A transfer order made under subsection (1) may include any terms or conditions that the judge making it considers desirable, including those relating to the protection of the interests of the detained person.

  • R.S., 1985, c. 30 (4th Supp.), s. 25
  • 1999, c. 18, s. 116

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
 
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