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

Act current to 2019-08-28 and last amended on 2018-12-13. Previous Versions

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

Transfer of Detained Persons (continued)

Marginal note:Making of transfer order

  •  (1) If the judge to whom an application is made under subsection 24(2) is satisfied, having considered, among other things, any documents filed or information given in support of the application, that the detained person consents to the transfer and that the state or entity has requested the transfer for a fixed period, the judge may make a transfer order.

  • Marginal note:Warrant to bring detained person

    (2) A judge to whom an application is made under subsection 24(2) may order that the detained person be brought before him so that that person may be examined with respect to the transfer.

  • Marginal note:Terms of transfer order

    (3) A transfer order made under subsection (1) must

    • (a) set out the name of the detained person and his place of confinement;

    • (b) order the person who has custody of the detained person to deliver him into the custody of a person who is designated in the order or who is a member of a class of persons so designated;

    • (c) order the person receiving the detained person into custody under paragraph (b) to take him or her to the state or entity and, on the return of the detained person to Canada, to return that person to the place of confinement where he or she was when the order was made;

    • (d) state the reasons for the transfer; and

    • (e) fix the period of time at or before the expiration of which the detained person must be returned.

  • Marginal note:Terms and conditions

    (4) A transfer order made under subsection (1) may include any terms or conditions that the judge making it considers desirable, including those relating to the protection of the interests of the detained person.

  • R.S., 1985, c. 30 (4th Supp.), s. 25
  • 1999, c. 18, s. 116

Marginal note:Absence deemed imprisonment

 For the purposes of Parts I and II of the Corrections and Conditional Release Act and the Prisons and Reformatories Act, a detained person who is not in the place of confinement from which he was delivered pursuant to a transfer order shall be deemed to be in that place of confinement and to have applied himself industriously to the program of the place of confinement, as long as he remains in custody pursuant to the transfer order and is of good behaviour.

  • R.S., 1985, c. 30 (4th Supp.), s. 26
  • 1992, c. 20, ss. 215, 216

Marginal note:Variation of transfer order

 A judge who made a transfer order or another judge of the same court may vary its terms and conditions.

Marginal note:Copy of order to jailer

 A copy of a transfer order made under subsection 25(1) and of an order varying it made under section 27 shall be delivered, by the competent authority who applied for the order, to the Minister and to the person in whose custody the detained person was when the transfer order was made.

Marginal note:Exception for young persons

 Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Youth Criminal Justice Act.

  • R.S., 1985, c. 30 (4th Supp.), s. 29
  • 2002, c. 1, s. 195

Lending Exhibits

Marginal note:Approval of loan request

  •  (1) When the Minister approves the request of a state or entity to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada lent to the state or entity, the Minister shall provide a competent authority with any documents or information necessary to apply for a loan order.

  • Marginal note:Application for loan order

    (2) After having given reasonable notice to the attorney general of the province where the exhibit sought to be lent to the state or entity mentioned in subsection (1) is located and to the parties to the proceeding, the competent authority who is provided with the documents or information shall apply for a loan order to the court that has possession of the exhibit.

  • Marginal note:Contents of application

    (3) An application made under subsection (2) must

    • (a) contain a description of the exhibit requested to be lent;

    • (b) designate a person or class of persons to whom the exhibit is sought to be given;

    • (c) state the reasons for the request, as well as contain a description of any tests that are sought to be performed on the exhibit and a statement of the place where the tests will be performed;

    • (d) state the place or places to which the exhibit is sought to be removed; and

    • (e) specify a period of time at or before the expiration of which the exhibit is to be returned.

  • R.S., 1985, c. 30 (4th Supp.), s. 30
  • 1999, c. 18, s. 117

Marginal note:Making of loan order

  •  (1) If the court to which an application is made under subsection 30(2) is satisfied that the state or entity has requested the loan for a fixed period and has agreed to comply with the terms and conditions that the court proposes to include in any loan order, the court may, after having considered any representations of the persons to whom notice of the application was given in accordance with subsection 30(2), make a loan order.

  • Marginal note:Terms of loan order

    (2) A loan order made under subsection (1) must

    • (a) contain a description of the exhibit;

    • (b) order the person who has possession of the exhibit to give it to a person designated in the order or who is a member of a class of persons so designated;

    • (c) contain a description of any tests thereby authorized to be performed on the exhibit, as well as a statement of the place where the tests must be performed;

    • (d) fix the place or places to which the exhibit may be removed; and

    • (e) fix the period of time at or before the expiration of which the exhibit must be returned.

  • Marginal note:Terms and conditions

    (3) A loan order made under subsection (1) may include any terms or conditions that the court making it considers desirable, including those relating to the preservation of the exhibit.

  • R.S., 1985, c. 30 (4th Supp.), s. 31
  • 1999, c. 18, s. 118

Marginal note:Variation of loan order

 A court that made a loan order may vary its terms and conditions.

Marginal note:Copy of order to custodian

 A copy of a loan order and of an order varying it shall be delivered by the competent authority who applied for the order to the Minister and to the person who had possession of the exhibit when the loan order was made.

Marginal note:Presumption of continuity

 The burden of proving that an exhibit lent to a state or entity pursuant to a loan order made under subsection 31(1) and returned to Canada is not in the same condition as it was when the loan order was made or that it was tampered with after the loan order was made is on the party who makes that allegation and, in the absence of that proof, the exhibit is deemed to have been continuously in the possession of the court that made the loan order.

  • R.S., 1985, c. 30 (4th Supp.), s. 34
  • 1999, c. 18, s. 119

Appeal

Marginal note:Appeal on question of law

 An appeal lies, with leave, on a question of law alone, to the court of appeal, within the meaning of section 2 of the Criminal Code, from any order or decision of a judge or a court in Canada made under this Act, if the application for leave to appeal is made to a judge of the court of appeal within fifteen days after the order or decision.

  • R.S., 1985, c. 30 (4th Supp.), s. 35
  • 1994, c. 44, s. 95

PART IIAdmissibility in Canada of Evidence Obtained Abroad Pursuant to an Agreement

Marginal note:Foreign records

  •  (1) In a proceeding with respect to which Parliament has jurisdiction, a record or a copy of the record and any affidavit, certificate or other statement pertaining to the record made by a person who has custody or knowledge of the record, sent to the Minister by a state or entity in accordance with a Canadian request, is not inadmissible in evidence by reason only that a statement contained in the record, copy, affidavit, certificate or other statement is hearsay or a statement of opinion.

  • Marginal note:Probative value

    (2) For the purpose of determining the probative value of a record or a copy of a record admitted in evidence under this Act, the trier of fact may examine the record or copy, receive evidence orally or by affidavit, or by a certificate or other statement pertaining to the record in which a person attests that the certificate or statement is made in conformity with the laws that apply to a state or entity, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the state or entity, including evidence as to the circumstances in which the data contained in the record or copy was written, stored or reproduced, and draw any reasonable inference from the form or content of the record or copy.

  • R.S., 1985, c. 30 (4th Supp.), s. 36
  • 1994, c. 44, s. 96
  • 1999, c. 18, s. 120
  • 2014, c. 31, s. 44
 
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