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

Act current to 2019-06-20 and last amended on 2018-12-13. Previous Versions

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

Production Orders (continued)

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 released on recognizance, with or without sureties.

  • 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.

  • R.S., 1985, c. 30 (4th Supp.), s. 23
  • 1999, c. 18, s. 114

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
 
Date modified: