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Visiting Forces Act

Version of section 9 from 2002-12-31 to 2015-02-25:


Marginal note:Sentences

  •  (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) Any member of a visiting force or any dependant who is detained in custody

    • (a) in pursuance of 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,

    shall, for the purposes of any legal proceedings within Canada, be deemed to be in lawful custody.

  • Marginal note:Certificate

    (3) For the purposes of any legal proceedings within Canada, a certificate under the hand of 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 under the hand of 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 his detention, but not of his being a member of the visiting force or a dependant.

  • R.S., c. V-6, s. 9
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