PART 2Preclearance by Canada in the United States (continued)
Jurisdiction — Offence by Canadian Officer
Marginal note:Primary criminal jurisdiction
59 (1) The Attorney General of Canada is responsible for advising the Minister with respect to the exercise or waiver of primary criminal jurisdiction under Article X of the Agreement in relation to an act or omission committed in the United States by a border services officer or other public officer in the exercise of their powers, and performance of their duties and functions, under this Part.
Marginal note:Additional factors
(2) The Attorney General of Canada may, in providing advice with respect to the waiver of primary criminal jurisdiction under paragraphs 15 and 16 of Article X of the Agreement, consider the following factors in addition to those set out in that paragraph 16:
(a) the severity of the sentence a border services officer or other public officer accused of an offence is likely, if convicted, to receive in Canada as compared to the United States;
(b) the impact with respect to evidence if proceedings are held in Canada as compared to the United States;
(c) the impact on witnesses if proceedings are held in Canada as compared to the United States;
(d) the jurisdiction that has the greater interest in prosecuting the border services officer or other public officer for the act or omission in question; and
(e) any other factor that the Attorney General considers relevant.
Marginal note:Exclusive authority
60 The Attorney General of Canada has exclusive authority to commence and conduct a prosecution or other criminal proceedings with respect to an act or omission committed in the United States by a border services officer or other public officer in the exercise of their powers, and performance of their duties and functions, under this Part, and for that purpose the Attorney General of Canada may exercise any of the powers, or perform any of the duties and functions, assigned under the Criminal Code to an Attorney General.
PART 3Related Amendments to the Criminal Code
PART 3.1Independent Review
Marginal note:Review and report
62.1 Five years after this Act comes into force, the Minister must cause to be conducted an independent review of this Act, and its administration and operation, and must cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.
PART 4Consequential Amendment, Repeal and Coming into Force
Consequential Amendment to the Customs Act
Coming into Force
Marginal note:Order in council
Return to footnote *[Note: Act in force August 15, 2019, see SI/2019-34.]
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