Visiting Forces Act

Marginal note:Sentences

• 9 (1) Where any sentence has been passed by a service court within or outside Canada on a member of the armed forces of a designated state, or a dependant, for the purposes of any legal proceedings within Canada,

  • (a) the service court shall be deemed to have been properly constituted;

  • (b) its proceedings shall be deemed to have been regularly conducted;

  • (c) the sentence shall be deemed to have been within the jurisdiction of the service court and in accordance with the law of the designated state; and

  • (d) if the sentence has been executed according to the tenor thereof, it shall be deemed to have been lawfully executed.

• Marginal note:Detention

  (2) For the purposes of any legal proceedings within Canada, any member of a visiting force or any dependant who is detained in custody is deemed to be in lawful custody if the member or dependant is in custody

  • (a) pursuant to a sentence referred to in subsection (1); or

  • (b) pending the determination by a service court of a charge brought against the member or dependant.

• Marginal note:Certificate

  (3) For the purposes of any legal proceedings within Canada, a certificate purporting to be signed by the officer in command of a visiting force stating that the persons specified in the certificate sat as a service court is admissible in evidence and is conclusive proof of that fact, and a certificate purporting to be signed by such an officer stating that a member of that force or a dependant is being detained in either of the circumstances described in subsection (2) is admissible in evidence and is conclusive proof of the cause of the person’s detention, but not of the person being a member of the visiting force or a dependant.