GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Mutual Legal Assistance in Criminal Matters Act — M-13.6 19
Report 19 (1) A person designated pursuant to paragraph 18(2)(c) in an order made under subsection 18(1) shall make a report to the judge who made the order or another judge of the same court, accompanied by (a) a transcript of every examination held pursuant to the order; (b) a general description of every record or thing produced to the person pursuant to the order and, if the judge so requires, a record or thing itself; and (c) a copy of every statement given under subsection 18(9) of the reasons for a refusal to answer any question or to produce any record or thing. Copy to Minister (2) The person designated pursuant to paragraph 18(2)(c) shall send a copy of the report to the Minister forthwith after it is made. Refusals (3) If any reasons contained in a statement given under subsection 18(9) are based on the Canadian law of non-disclosure of information or privilege, a judge to whom a report is made shall determine whether those reasons are well-founded, and, if the judge determines that they are, that determination shall be mentioned in any order that the judge makes under section 20, but if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 18(1) answer the questions or produce the records or things. Refusals based on foreign law (4) A copy of every statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity shall be appended to any order that the judge makes under section 20. R.S., 1985, c. 30 (4th Supp.), s. 19; 1999, c. 18, s. 109; 2000, c. 24, s. 64
Mutual Legal Assistance in Criminal Matters Act — M-13.6 20
Sending abroad 20 (1) A judge to whom a report is made under subsection 19(1) may order that there be sent to the state or entity the report and any record or thing produced, as well as a copy of the order accompanied by a copy of any statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity, as well as any determination of the judge made under subsection 19(3) that the reasons contained in a statement given under subsection 18(9) are well-founded. Terms and conditions (2) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, after having considered any representations of the Minister, the competent authority, the person who produced any record or thing to the person designated under paragraph 18(2)(c) and any person who claims to have an interest in any record or thing so produced, including terms and conditions (a) necessary to give effect to the request mentioned in subsection 17(1); (b) with respect to the preservation and return to Canada of any record or thing so produced; and (c) with respect to the protection of the interests of third parties. Further execution (3) The execution of an order made under subsection 18(1) that was not completely executed because of a refusal, by reason of a law that applies to the state or entity, to answer one or more questions or to produce certain records or things to the person designated under paragraph 18(2)(c) may be continued, unless a ruling has already been made on the objection under paragraph 18(8)(a), if a court of the state or entity or a person designated by the state or entity determines that the reasons are not well-founded and the state or entity so advises the Minister. Leave of judge required (4) No person named in an order made under subsection 18(1) whose reasons for refusing to answer a question or to produce a record or thing are determined, in accordance with subsection (3), not to be well-founded, or whose objection has been ruled against under paragraph 18(8)(a), shall, during the continued execution of the order or ruling, refuse to answer that question or to produce that record or thing to the person designated under paragraph 18(2)(c), except with the permission of the judge who made the order or ruling or another judge of the same court. R.S., 1985, c. 30 (4th Supp.), s. 20; 1999, c. 18, s. 110; 2000, c. 24, s. 65
Mutual Legal Assistance in Criminal Matters Act — M-13.6 21
Terms and conditions 21 No record or thing that has been ordered under section 20 to be sent to the state or entity mentioned in subsection 17(1) shall be so sent until the Minister is satisfied that the state or entity has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing. R.S., 1985, c. 30 (4th Supp.), s. 21; 1999, c. 18, s. 111
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22
Contempt of court 22 (1) A person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c) after a judge has ruled against the objection under paragraph 18(8)(a). Contempt of court (2) If no ruling has been made under paragraph 18(8)(a), a person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c) (a) without giving the detailed statement required by subsection 18(9); or (b) if the person so named was already asked the same question or requested to produce the same record or thing and the reasons on which that person based the earlier refusal were determined not to be well-founded by (i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or (ii) a court of the state or entity or by a person designated by the state or entity, if the reasons were based on a law that applies to the state or entity. R.S., 1985, c. 30 (4th Supp.), s. 22; 1999, c. 18, s. 112; 2000, c. 24, s. 66
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.01
Application of Criminal Code 22.01 The Criminal Code applies, with any necessary modifications, in respect of an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code , except to the extent that that Act is inconsistent with this Act. 2014, c. 31, s. 41
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.02
Approval of request to obtain production 22.02 (1) If the Minister approves a request of a state or entity to obtain an order under this Act made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code to require the production of a record containing data, the Minister must provide a competent authority with any documents or information necessary to apply for the order. Application for orders (2) The competent authority must apply ex parte for an order made in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code to a justice as defined in section 2 of the Criminal Code , a judge of a superior court of criminal jurisdiction as defined in that section or a judge of the Court of Quebec. 2014, c. 31, s. 41
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.03
Production and non-disclosure orders 22.03 (1) The justice or judge to whom the application is made may make an order in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code if the conditions set out in that section have been met. Condition in order (2) An order made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code must require that a record containing the data be given to a designated person. 2014, c. 31, s. 41
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.04
Sending abroad 22.04 (1) If the justice or judge makes an order in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code , the justice or judge must also order (a) that the person designated in the order send a record containing the data directly to the state or entity that made the request under subsection 22.02(1); or (b) that sections 20 and 21 apply to the order with any necessary modifications. Report (2) The person designated in the order must (a) make a report concerning the execution of the order to the justice or judge who made it  —  or to another justice for the same territorial division or another judge in the judicial district where the order was made  —  accompanied by a general description of the data contained in the record obtained under the order and, if the justice or judge requires it, a record containing the data; and (b) send a copy of the report to the Minister without delay. Timing of report and sending abroad (3) If the justice or judge makes an order under paragraph (1)(a), the person designated in the order must make the report to the justice or judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which such a record is obtained under the order. 2014, c. 31, s. 41
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.05
Offence 22.05 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.06
Orders to gather tax information 22.06 (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. 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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.1
Approval of request to obtain evidence by video link, etc. 22.1 (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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.2
Order for video link, etc. 22.2 (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. 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. Order effective throughout Canada (3) An order made under subsection (1) may be executed anywhere in Canada. 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. Variation (5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.3
Other laws about witnesses to apply 22.3 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 22.4
Contempt of court in Canada 22.4 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 23
Arrest warrant 23 (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. Warrant effective throughout Canada (2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer. 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 make a release order , as defined in section 2 of the Criminal Code , the form of which may be adapted to suit the circumstances. 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 2019, c. 25, s. 393
Mutual Legal Assistance in Criminal Matters Act — M-13.6 23.1
Approval of request for examination of place or site 23.1 (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. 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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 24
Approval of transfer request 24 (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. 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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 25
Making of transfer order 25 (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. 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. 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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 26
Absence deemed imprisonment 26 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 27
Variation of transfer order 27 A judge who made a transfer order or another judge of the same court may vary its terms and conditions.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 28
Copy of order to jailer 28 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.
Mutual Legal Assistance in Criminal Matters Act — M-13.6 29
Exception for young persons 29 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 30
Approval of loan request 30 (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. 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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 31
Making of loan order 31 (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. 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. 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
Mutual Legal Assistance in Criminal Matters Act — M-13.6 32
Variation of loan order 32 A court that made a loan order may vary its terms and conditions.