607 (1) ...
- Exception — foreign trials in absentia
(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.1) [select extra-territorial offences] or (3.7) [extraterritorial offences re torture], or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if
- (a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person’s instructions, and
- (b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,
notwithstanding that the person is deemed by virtue of subsection 7(6) , or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.
R.S., 1985, c. C-46, s. 607;
R.S., 1985, c. 27 (1st Supp.), s. 126, c. 30 (3rd Supp.), s. 2, c. 1 (4th Supp.), s. 18(F);
1992, c. 1, s. 60(F);
1995, c. 22, s. 10;
2000, c. 24, s. 45;
2013, c. 13, s. 9;
2018, c. 11, s. 29.