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

Act current to 2013-05-20 and last amended on 2005-07-19. Previous Versions

Detention in Canada

Marginal note:Detention of transferred person

  • 42. (1) When the Minister, in order to give effect to a request of a Canadian competent authority, authorizes a person who is detained in a state or entity to be transferred to Canada for a period of time specified by the Minister, a judge of the province to which the person is to be transferred may make an order for the detention of the person anywhere in Canada and for the return of the person to the state or entity.

  • Marginal note:Paramountcy of detention order

    (2) An order made under subsection (1) is paramount to any order made, in respect of anything that occurred before the person is transferred to Canada, by a Canadian court, a judge of a Canadian court, a Canadian justice of the peace or any other person who has power in Canada to compel the appearance of another person.

  • Marginal note:Variation of detention order

    (3) The judge who made the detention order or another judge of the same court may vary its terms and conditions and, in particular, may extend the duration of the detention.

  • R.S., 1985, c. 30 (4th Supp.), s. 42;
  • 1999, c. 18, s. 125.

Determination of the Validity of Refusals

Marginal note:Powers of judge

43. When a Canadian request is presented to a state or entity and a person in the state or entity refuses to answer one or more questions or to give up certain records or things by reason of a law in force in Canada, a judge may determine the validity of the refusal on application made, on reasonable notice to the person, by a Canadian competent authority.

  • R.S., 1985, c. 30 (4th Supp.), s. 43;
  • 1999, c. 18, s. 126.

Privilege for Foreign Records

Marginal note:Privilege

  • 44. (1) Subject to subsection 38(2), a record sent to the Minister by a state or entity in accordance with a Canadian request is privileged and no person shall disclose to anyone the record or its purport or the contents of the record or any part of it before the record, in compliance with the conditions on which it was so sent, is made public or disclosed in the course or for the purpose of giving evidence.

  • Marginal note:Idem

    (2) No person in possession of a record mentioned in subsection (1) or of a copy thereof, or who has knowledge of any information contained in the record, shall be required, in connection with any legal proceedings, to produce the record or copy or to give evidence relating to any information that is contained therein.

  • R.S., 1985, c. 30 (4th Supp.), s. 44;
  • 1999, c. 18, s. 127.

PART IV

CONSEQUENTIAL AMENDMENTS AND COMING INTO FORCE

Criminal Code

45. [Amendment]

Crown Liability Act

46. [Amendment]

Immigration Act

47. and 48. [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote *49. This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.