View source for Extra-Territorial Jurisdiction of the Courts

[[fr:Juridiction_extra-territoriale_des_tribunaux]]
{{Currency2|January|2020}}
{{LevelZero}}{{HeaderJurisdiction}}
==General Principles==
{{seealso|Jurisdiction of the Courts}}

Generally speaking, "a state is only competent to enforce its laws within its own territorial boundaries."<Ref>
{{CanLIIRP|Terry|1fr9t|1996 CanLII 199 (SCC)|[1996] 2 SCR 207}}{{perSCC-H|McLachlin J}} at para 14
</ref>
The "primary basis" of jurisdiction flows from territoriality.<ref>
{{CanLIIRP|Hape|1rq5n|2007 SCC 26 (CanLII)|[2007] 2 SCR 292}}{{perSCC|LeBel J}}
</ref>

Under s. 6, Courts of Canada have jurisdiction over criminal matters committed within the territory of Canada.<ref>
see s. 6<br>
{{CanLIIRP|Libman|1ftxf|1985 CanLII 51 (SCC)|[1985] 2 SCR 178}}{{perSCC|La Forest J}}<br>
{{CanLIIRPC|Davidson v British Columbia (Attorney General)|1pr39|2006 BCCA 447 (CanLII)|214 CCC (3d) 373}}{{perBCCA|Levine JA}}{{atL|1pr39|5}}<br>
</ref>

The purpose of s. 6 is to recognize that the "primary basis of criminal jurisdiction is territorial."<ref>
{{supra1|Libman}}<br>
</ref> 
States are hesitant to make "discriminate attempts to control activities that take place wholly within the boundaries" of other countries.<ref>
{{supra1|Libman}}<br>
</ref>

It also reflects the "principle of sovereign integrity" where a state has "exclusive sovereignty over all persons, citizens or aliens, and all property, real or personal, with its own territory."<ref>
{{CanLIIRP|Finta|1frvp|1994 CanLII 129 (SCC)|[1994] 1 SCR 701}}{{perSCC|Cory J}}{{atp|806}}<br>
</ref>

It is enough that the offence was initiated or realized in Canada to allow for jurisdiction to prosecute an offence.<ref>
{{CanLIIRPC|Re Chapman|g1j29|1970 CanLII 254 (ON CA)|5 CCC 46}}{{TheCourtONCA}} ("If there is an initiation of a fraudulent scheme in Canada (as was the case here in the mailing out of the letters of solicitation) and a realization thereof in Canada through receipt of money or securities intended to be brought in through the scheme, the offence has been committed in Canada although the inducement has extended only to persons outside Canada.")
</ref>

{{quotation2|
6<br>
{{Removed|(1)}}
; Offences outside Canada
(2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 {{AnnSec7|730}} of an offence committed outside Canada.
<br>
; Definition of enactment
(3) In this section, "enactment" means
:(a) an Act of Parliament, or
:(b) an Act of the legislature of a province that creates an offence to which Part XXVII {{AnnSec|Part XXVII}} applies,
or any regulation made thereunder.

R.S., {{LegHistory80s|1985, c. C-46}}, s. 6; 
R.S., {{LegHistory80s|1985, c. 27 (1st Supp.)}}, s. 4, c. 1 (4th Supp.), s. 18(F); 
{{LegHistory90s|1995, c. 22}}, s. 10.
{{Annotation}}
|{{CCCSec2|6}}
|{{NoteUp|6|2|3}}
}}

Section 6(2) prohibits anyone from being convicted or discharge of "an offence committed outside Canada" subject to any other Acts of Canada.<ref>
section 6(2) states "Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada."</ref>
This requires a "real and substantial connection" between the offence and the country. A "significant portion" of the offence should take place in Canada.<ref>
{{CanLIIRPC|Libman v The Queen|1ftxf|1985 CanLII 51 (SCC)|[1985] 2 SCR 178}}{{perSCC|La Forest J}}
</ref>
It could also be characterized as a "meaningful" connection with the jurisdiction.<ref>
{{CanLIIRPC|McCabe v British Columbia (Securities Commission)|gmt2z|2016 BCCA 7 (CanLII)|6 WWR 289}}{{perBCCA|Goepel JA}}{{atL|gmt2z|36}}<br>
{{CanLIIRPC|Torudag v British Columbia (Securities Commission)|fntxc|2011 BCCA 458 (CanLII)|343 DLR (4th) 743}}{{perBCCA|Hall JA}}{{atL|fntxc|19}}<br>
</ref>

It is ''not'' necessary that the particular connection be the "most real and substantial."<ref>
{{supra1|McCabe}}{{atL|gmt2z|35}}<br>
</ref>

Section 481.2 grants jurisdiction over offences occurring outside of Canada except where otherwise prevented by Acts of Parliament. This section does not provide a free-standing authority to assert jurisdiction but rather only applies in conjunction with another Act of Parliament conveying jurisdiction.<ref>
{{CanLIIRx|United States of America v Patterson|gx8xb|2017 BCCA 52 (CanLII)}}{{perBCCA|MacKenzie JA}}{{atsL|gx8xb|73| to 75}}<br>
</ref> 
It states that:
{{quotation2|
; Offence outside Canada
481.2  Subject to this or any other Act of Parliament, where an act or omission is committed outside Canada and the act or omission is an offence when committed outside Canada under this or any other Act of Parliament, proceedings in respect of the offence may, whether or not the accused is in Canada, be commenced, and an accused may be charged, tried and punished within any territorial division in Canada in the same manner as if the offence had been committed in that territorial division.
<br>
{{LegHistory90s|1996, c. 31}}, s. 72; 
{{LegHistory00s|2008, c. 18}}, s. 10.
|{{CCCSec2|481.2}}
|{{NoteUp|481.2}}
}}

Probationary term can apply to the accused's conduct outside of the Country.<ref>
{{CanLIIRP|Greco|1f8hx|2001 CanLII 8608 (ON CA)|159 CCC (3d) 146}}{{perONCA|Moldaver JA}}<br>
see also [[Breach of Undertaking, Recognizance, or Probation (Offence)]]<br>
cf. {{CanLIIRP|B(O)|6h76|1997 CanLII 949 (ON CA)|116 CCC (3d) 189}}{{perONCA|Abella JA}} (accused sexually assaulted his grand-daughter while in the US. Canada had no jurisdiction to try the case)<br>
</ref>

; Obedience to ''de facto'' Law of Another Country
{{quotation2|
; Obedience to de facto law
15 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs.
<br>
R.S., c. C-34, s. 15.
|{{CCCSec2|15}}
|{{NoteUp|15}}
}}

{{Reflist|2}}

==Principles Limiting Jurisdiction Outside of Canada==
; Sovereign Equality and The Obligation of Non-Intervention
The international principle of sovereign equality states that "[c]ountries generally respect each other’s borders and will not attempt to adjudicate matters that occurred within the borders of another sovereign country" and "countries will exercise jurisdiction over their own nationals but not over another country’s nationals except, of course, where that country’s nationals commit an offence within another country’s borders".
<ref>
{{CanLIIRx|Chowdhury|g6npq|2014 ONSC 2635 (CanLII)}}{{AtL|g6npq|22}}<br>
{{CanLIIRP|Cook|1fqrp|1998 CanLII 802 (SCC)|[1998] 2 SCR 597}}{{Fix}}{{atL|1fqrp|26}} (sovereign equality "generally prohibits extraterritorial application of domestic law since, in most instances, the exercise of jurisdiction beyond a state’s territorial limits would constitute an interference under international law with the exclusive territorial jurisdiction of another state.") 
</ref>

This is a principle of customary international law and has been adopted in Canada.<ref>
{{CanLIIRxC|British Columbia (AG) v Brecknell|hplpj|2018 BCCA 5 (CanLII)}}{{perBCCA|Harris JA}}{{AtL|hplpj|23}}<br>
</ref>
It obliges a state to limit its actions outside of its border.<Ref>
{{ibid1|Brecknell}}{{atL|hplpj|23}}
</ref>

In order to preserve sovereignty and equality, there is a related duty of "non-intervention" which gives each country the "right to be free from intrusion by other states in its affairs and the duty of every other state to refrain from interference."<ref>
{{supra1|Hape}}{{atL|1rq5n|45}}<br>
</ref> 

A country should not extend its jurisdiction to enforce "its laws when to do so would infringe on the sovereignty of another state."<ref>
{{supra1|Chowdhury}}{{atL|g6npq|34}}<br>
{{ibid1|Brecknell}}{{atL|hplpj|23}}
</ref>
 
; Comity
The principle of "comity" refers to the "informal acts performed and rules observed by states in their mutual relations out of, politeness, convenience and goodwill, rather than strict legal obligation."<ref>
{{supra1|Hape}}{{atL|1rq5n|47}}<br>
</ref> 
It is an interpretive principle that prefers interpretations of laws that do not infringe on the sovereignty of another state.<ref>
{{supra1|Brecknell}}{{atL|hplpj|24}}<br>
{{supra1|Hape}}{{atsL|1rq5n|47| to 52}}</ref>
It is not a binding rule of law, but rather more of a principle of interpretation based on the "deference and respect" that countries have for each other.<ref>
{{supra1|Chowdhury}}{{atsL|g6npq|31|, 32}}<br>
</ref>

In application, comity requires "that a state ought to assume jurisdiction only if it has a real and substantial link to the event."<ref>
{{supra1|Hape}}{{atL|1rq5n|62}}<br>
</ref>

Comity creates the presumption that "Canada will, in passing legislation, act in compliance with its international obligations including treaty obligations" and that "courts will favour an interpretation of legislation that reflects the value and principles of international law."<ref>
{{supra1|Chowdhury}}{{AtL|g6npq|32}}
</ref>

; Real and Substantial Connection
At common law, the "real and substantial connection" test sets the limits on the assumption of jurisdiction by a court.<ref>
e.g. {{CanLIIRPC|Muscutt v Courcelles|1cxt4|2002 CanLII 44957 (ON CA)|213 DLR (4th) 577}}{{perONCA|Sharpe JA}}
</ref>

Factors to consider in the test include:<ref>
{{CanLIIRP|Milliea|1w1p4|2008 NBPC 11 (CanLII)|858 APR 49}}{{perNBPC|Ferguson J}}{{atL|1w1p4|28}}</ref>
#the connection between the forum and the plaintiff’s claim; 
#the connection between the forum and the defendant; 
#unfairness to the defendant in assuming jurisdiction; 
#unfairness to the plaintiff in not assuming jurisdiction.

Where the crown fails to establish a real and substantial connection there is some suggestion that the accused must be acquitted since the Crown failed to prove an essential element.<ref>
{{CanLIIRP|Finta|1npnp|1992 CanLII 2783 (ON CA)|73 CCC (3d) 65}}{{perSCC|Cory J}}
</ref>

; Presumption of Statutory Interpretation
It is a presumption of statutory interpretation that legislation will conform to international law.<ref>
{{supra1|Brecknell}}{{atL|hplpj|24}}<br>
{{supra1|Hape}}{{atsL|1rq5n|53| to 56}}<br>
</ref>
However, where presumption is overcome, the Courts must give extraterritorial effect to the law.<ref>
{{supra1|Brecknell}}{{atL|hplpj|24}}<br>
{{supra1|Hape}}{{atsL|1rq5n|53| to 56}}<br>
</ref>

{{reflist|2}}
===Charter Rights Outside of Canada===
The Courts have no jurisdiction to enforce Charter rights on other state's actions.<ref>
{{CanLIIRP|Harrer|1frhf|1995 CanLII 70 (SCC)|[1995] 3 SCR 562}}{{perSCC|La Forest J}}<br>
{{CanLIIRP|Terry|1fr9t|1996 CanLII 199 (SCC)|[1996] 2 SCR 207}}{{perSCC-H|McLachlin J}}<br>
{{CanLIIRP|Hape|1rq5n|2007 SCC 26 (CanLII)|[2007] 2 SCR 292}}{{perSCC|LeBel J}}<br>
{{CanLIIRP|Tan|g2k9x|2014 BCCA 9 (CanLII)|299 CRR (2d) 73}}{{perBCCA|Bennett JA}}<br>
{{CanLIIRx|Mehan|gww5r|2017 BCCA 21 (CanLII)}}{{perBCCA|D Smith JA}}{{atL|gww5r|28}}<br>
</ref>
The rights are not enforceable due to the principle of comity.<ref>
{{supra1|Hape}}{{atL|1rq5n|52}}<br>
{{supra1|Harrer}}{{atL|1frhf|15}}<br>
</ref>

It is only where foreign state actors operate as agents of the Canadian state that the Charter can be engaged.<ref>
{{supra1|Hape}}{{atsL|1rq5n|103| to 105}}<br>
</ref>

{{reflist|2}}

===Power to Issue Orders===
The courts have no power ot authorize the enforcement of Canadian laws relating to "matters in the exclusive territorial jurisdiction of another state."<Ref>
{{CanLIIRP|Hape|1rq5n|2007 SCC 26 (CanLII)|[2007] 2 SCR 292}}{{perSCC|LeBel J}}{{atL|1rq5n|105}}<br>
</ref>

The use of investigative powers relates to enforcement jurisdiction, which cannot be controlled by Canadian law absence consent of the foreign state or rule of international law.<ref>
{{supra1|Hape}}{{atL|1rq5n|105}}
</ref>

{{reflist|2}}

===Discretionary Limitations===
; ''Forum Non Conveniens''
The courts have discretion to refuse to accept jurisdiction on the basis of the principle of ''forum non-conveniens''.<ref>
{{CanLIIRPC|Boucher v Stelco Inc|1lxpg|2005 SCC 64 (CanLII)|[2005] 3 SCR 279}}{{perSCC|LeBel J}}{{atL|1lxpg|37}}<br>
</ref> 
Criteria to consider include:<ref>
{{ibid1|Boucher v Stelco}}{{atsL|1lxpg|37| to 38}}<br>
{{CanLIIRPC|Muscutt v Courcelles|1cxt4|2002 CanLII 44957 (ON CA)|213 DLR (4th) 577}}{{perONCA|Sharpe JA}}{{atL|1cxt4|42}}<br>
</ref>
#the residence and domicile of the parties, 
#the location of the natural forum, 
#the location of the evidence, 
#the place of residence of the witnesses, 
#the location of the alleged conduct and transaction, including the place of formation and execution of the contract, 
#the existence of an action pending in another jurisdiction between the same parties (in an imperfect lis pendens situation) and the stage of such proceeding, 
#the law applicable to the dispute, 
#the ability to join all parties, 
#the need for enforcement in the alternative court, 
#the juridical advantages for the plaintiff, and 
#the interests of justice. 

{{reflist|2}}

==Special Cases==
===Offences by Public Service Employees===
Section 7(4) grants jurisdiction over criminal acts of public service employees who commit indictable offences outside of Canada while employed.

{{quotation2|
7.<br>
{{Removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21),  (2.3), (2.31), (2.33), (2.34), (3), (3.1), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75)}}
; Offences by Public Service employees
(4) Every one who, while employed as an employee within the meaning of the Public Service Employment Act in a place outside Canada, commits an act or omission in that place that is an offence under the laws of that place and that, if committed in Canada, would be an offence punishable by indictment shall be deemed to have committed that act or omission in Canada.
<br>
{{Removed|(4.1), (4.11), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
|{{CCCSec2|7}}
|{{NoteUp|7|4}}
}}

{{reflist|2}}

===Offences Against Cultural Property===
Section 7(2.01) imposes jurisdiction over offences under s. 322, 341,344, 380, or 434 committed outside of Canada that is "in relation to cultural property" where the accused is a citizen permanent resident or ordinarily resides in Canada.

{{quotation2|
7<br>
{{Removed|(1) and (2)}}
; Offences in relation to cultural property
(2.01) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that if committed in Canada would constitute an offence under section 322 {{AnnSec3|322}}, 341 {{AnnSec3|341}}, 344 {{AnnSec3|344}}, 380 {{AnnSec3|380}}, 430 {{AnnSec4|430}} or 434 {{AnnSec4|434}} in relation to cultural property as defined in Article 1 of the Convention, or a conspiracy or an attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if the person
:(a) is a Canadian citizen;
:(b) is not a citizen of any state and ordinarily resides in Canada; or
:(c) is a permanent resident within the meaning of subsection 2(1) of the ''Immigration and Refugee Protection Act'' and is, after the commission of the act or omission, present in Canada.

(2.02) For the purpose of subsection (2.01) {{AnnSec0|7(2.01)A}}, Convention means the ''Convention for the Protection of Cultural Property in the Event of Armed Conflict'', done at The Hague on May 14, 1954. Article 1 of the Convention is set out in the schedule to the Cultural Property Export and Import Act.
<br>
{{Removed|(2.1), (2.2), (2.21),  (2.3), (2.31), (2.33), (2.34), (3), (3.1), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (4), (4.1), (4.11), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|2.01|2.02}}
}}

{{reflist|2}}

===Sexual Offences===
{{seealso|Sexual Assault (Offence)}}
Section 7(4.1) which grants jurisdiction over sexual offences<ref>
listed as "section 151, 152, 153, 155 or 159, subsection 160(2) or (3), section 163.1 , 170, 171, 171.1, 172.1, 172.2 or 173 or subsection 212(4)"</ref> 
However, consent of the Attorney General is required<ref>s. 7(4.3)</ref>
for offence committed outside of Canada by Canadian citizens or permanent residents. 

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33), (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77) and (4)}}
; Offence in relation to sexual offences against children
(4.‍1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 151 {{AnnSec1|151}}, 152 {{AnnSec1|152}}, 153 {{AnnSec1|153}} or 155 {{AnnSec1|155}}, subsection 160(2) {{AnnSec1|160(2)}} or (3) {{AnnSec1|160(3)}}, section 163.‍1 {{AnnSec1|163.1}}, 170 {{AnnSec1|170}}, 171 {{AnnSec1|171}}, 171.‍1 {{AnnSec1|171.1}}, 172.‍1 {{AnnSec1|172.1}}, 172.‍2 {{AnnSec1|172.2}} or 173 {{AnnSec1|173}} or subsection 286.‍1(2) {{AnnSec2|286.1(2)}} shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the ''Immigration and Refugee Protection Act''.<br>
{{removed|(4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}

|{{CCCSec2|7}}
|{{NoteUp|7|4.1}}
}}

; Constitutionality
Section 7(4.10) is ''not'' ultra vires of the Constitution for violating the principle of sovereign equality or comity.<ref>
{{CanLIIRP|Klassen|21zlj|2008 BCSC 1762 (CanLII)|240 CCC (3d) 328}}{{perBCSC|Cullen J}}<br>
</ref>

Any extension of jurisdiction that permits evidence collected by foreign law enforcement will still be subject to trial fairness requirements under s. 7 of the Charter.<ref>
{{ibid1|Klassen}}{{atL|21zlj|113}}<br>
</ref>

{{Reflist|2}}

===Terrorism Offences===

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1) and (2.2)}}
; Nuclear terrorism offence committed outside Canada
(2.21) Despite anything in this Act or any other Act, everyone who commits an act or omission outside Canada that if committed in Canada would constitute an offence under any of sections 82.3 to 82.6 {{AnnSec0|82.3 to 82.6}}, or a conspiracy or attempt to commit such an offence, or being an accessory after the fact or counselling in relation to such an offence, is deemed to have committed that act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;
:(b) the act or omission is committed on an aircraft that
::(i) is registered in Canada under regulations made under the ''Aeronautics Act'', or
::(ii) is leased without crew and operated by a person who is qualified under regulations made under the ''Aeronautics Act'' to be registered as owner of an aircraft in Canada under those regulations;
:(c) the person who commits the act or omission is a Canadian citizen; or
:(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada.
{{removed|(2.3), (2.31), (2.32), (2.33), (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71) and (3.72)}}
; Offence relating to financing of terrorism
(3.73) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 83.02 {{AnnSec0|83.02}} is deemed to commit the act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;
:(b) the act or omission is committed on an aircraft
::(i) registered in Canada under regulations made under the ''Aeronautics Act'', or
::(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as the owner of an aircraft in Canada under those regulations;
:(c) the person who commits the act or omission
::(i) is a Canadian citizen, or
::(ii) is not a citizen of any state and ordinarily resides in Canada;
:(d) the person who commits the act or omission is, after its commission, present in Canada;
:(e) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) {{AnnSec0|83.02(a)}} or (b) {{AnnSec0|83.02(b)}} in order to compel the Government of Canada or of a province to do or refrain from doing any act;
:(f) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) {{AnnSec0|83.02(a)}} or (b) {{AnnSec0|83.02(b)}} against a Canadian government or public facility located outside Canada; or
:(g) the act or omission is committed for the purpose of committing an act or omission referred to in paragraph 83.02(a) {{AnnSec0|83.02(a)}} or (b) {{AnnSec0|83.02(b)}} in Canada or against a Canadian citizen.

; Terrorism offence committed outside Canada
(3.74) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be a terrorism offence, other than an offence under section 83.02 {{AnnSec0|83.02}} or an offence referred to in paragraph (a) of the definition terrorist activity in subsection 83.01(1) {{AnnSec0|83.01(1)}}, is deemed to have committed that act or omission in Canada if the person
:(a) is a Canadian citizen;
:(b) is not a citizen of any state and ordinarily resides in Canada; or
:(c) is a permanent resident within the meaning of subsection 2(1) of the ''Immigration and Refugee Protection Act'' and is, after the commission of the act or omission, present in Canada.

; Terrorist activity committed outside Canada
(3.75) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada that, if committed in Canada, would be an indictable offence and would also constitute a terrorist activity referred to in paragraph (b) of the definition terrorist activity in subsection 83.01(1) {{AnnSec0|83.01(1)}} is deemed to commit that act or omission in Canada if
:(a) the act or omission is committed against a Canadian citizen;
:(b) the act or omission is committed against a Canadian government or public facility located outside Canada; or
:(c) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.

(3.76) and (3.77) [Repealed, {{LegHistory00s|2000, c. 24}}, s. 42]
<br>
{{removed|(4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|2.21|3.73|3.74|3.75}}
}}

===Hostage Taking===

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33), (2.34) and (3)}}
; Offence of hostage taking
(3.1) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.1 {{AnnSec2|279.1}} shall be deemed to commit that act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
:(b) the act or omission is committed on an aircraft
::(i) registered in Canada under regulations made under the Aeronautics Act, or
::(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under such regulations;
:(c) the person who commits the act or omission
::(i) is a Canadian citizen, or
::(ii) is not a citizen of any state and ordinarily resides in Canada;
:(d) the act or omission is committed with intent to induce Her Majesty in right of Canada or of a province to commit or cause to be committed any act or omission;
:(e) a person taken hostage by the act or omission is a Canadian citizen; or
:(f) the person who commits the act or omission is, after the commission thereof, present in Canada.

(3.2) to (3.6) [Repealed, {{LegHistory10s|2013, c. 13}}, s. 3]

{{removed|(3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
|{{CCCSec2|7}}
|{{NoteUp|7|3.1}}
}}

===Human Trafficking===
{{seealso|Trafficking in Persons (Offence)}}
{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33), (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4) and (4.1)}}
; Offence in relation to trafficking in persons
(4.11) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that if committed in Canada would be an offence against section 279.01 {{AnnSec2|279.01}}, 279.011 {{AnnSec2|279.011}}, 279.02 {{AnnSec2|279.02}} or 279.03 {{AnnSec2|279.03}} shall be deemed to commit that act or omission in Canada if the person who commits the act or omission is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the ''Immigration and Refugee Protection Act''.
<br>
{{removed|(4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
|{{CCCSec2|7}}
|{{NoteUp|7|4.11}}
}}

===Trafficking in Human Organs===
{{seealso|Miscellaneous_Offences_Against_the_Person#Trafficking_in_Human_Organs}}

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33), (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1) and (4.11)}}

; Offence outside Canada
(4.‍2) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.‍1 is deemed to commit that act or omission in Canada if the person is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.
<br>
{{removed|(4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|4.2}}
}}

===Attorney General Consent===

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33), (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11) and (4.2)}}
; Consent of Attorney General
(4.3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.1) {{AnnSec0|7(4.1)A}} may only be instituted with the consent of the Attorney General.<br>

{{removed|(5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|4.3}}
}}

==Misc Circumstances==

===Internationally Protected Persons===
{{seealso|Definitions of Parties, Persons, Places and Organizations#Internationally Protected Persons}}

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34)}}
; Offence against internationally protected person
(3) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against the person of an internationally protected person or against any property referred to in section 431 used by that person that, if committed in Canada, would be an offence against any of sections 235 {{AnnSec2|235}}, 236 {{AnnSec2|236}}, 266 {{AnnSec2|266}}, 267 {{AnnSec2|267}}, 268 {{AnnSec2|268}}, 269 {{AnnSec2|269}}, 269.1 {{AnnSec2|269.1}}, 271 {{AnnSec2|271}}, 272 {{AnnSec2|272}}, 273 {{AnnSec2|273}}, 279 {{AnnSec2|279}}, 279.1 {{AnnSec2|279.1}}, 280 to 283 {{AnnSec2|280 to 283}}, 424 {{AnnSec4|424}} and 431 {{AnnSec4|431}} is deemed to commit that act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
:(b) the act or omission is committed on an aircraft
::(i) registered in Canada under regulations made under the Aeronautics Act, or
::(ii) leased without crew and operated by a person who is qualified under regulations made under the Aeronautics Act to be registered as owner of an aircraft in Canada under those regulations;
:(c) the person who commits the act or omission is a Canadian citizen or is, after the act or omission has been committed, present in Canada; or
:(d) the act or omission is against
::(i) a person who enjoys the status of an internationally protected person by virtue of the functions that person performs on behalf of Canada, or
::(ii) a member of the family of a person described in subparagraph (i) who qualifies under paragraph (b) or (d) of the definition internationally protected person in section 2 {{AnnSec0|2}}.
{{removed|(3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
|{{CCCSec2|7}}
|{{NoteUp|7|3}}
}}

{{reflist|2}}

===United Nations Personnel===
Section 7(3.71) relates to offence against United Nations or associated personnel.

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34), (3), (3.1), (3.2) to (3.6) and (3.7)}}
; Offence against United Nations or associated personnel
(3.71) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission against a member of United Nations personnel or associated personnel or against property referred to in section 431.1 that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 235 {{AnnSec2|235}}, 236 {{AnnSec2|236}}, 266 {{AnnSec2|266}}, 267 {{AnnSec2|267}}, 268 {{AnnSec2|268}}, 269 {{AnnSec2|269}}, 269.1 {{AnnSec2|269.1}}, 271 {{AnnSec2|271}}, 272 {{AnnSec2|272}}, 273 {{AnnSec2|273}}, 279 {{AnnSec2|279}}, 279.1 {{AnnSec2|279.1}}, 424.1 {{AnnSec4|424.1}} or 431.1 {{AnnSec4|431.1}} is deemed to commit that act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under an Act of Parliament;
:(b) the act or omission is committed on an aircraft
::(i) registered in Canada under regulations made under the ''Aeronautics Act'', or
::(ii) leased without crew and operated by a person who is qualified under regulations made under the ''Aeronautics Act'' to be registered as owner of an aircraft in Canada under those regulations;
:(c) the person who commits the act or omission
::(i) is a Canadian citizen, or
::(ii) is not a citizen of any state and ordinarily resides in Canada;
:(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;
:(e) the act or omission is committed against a Canadian citizen; or
:(f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act.
{{removed|(3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|3.71}}
}}

Section 7(3.72) relates to offence involving explosive or other lethal device.
{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34), (3), (3.1), (3.2) to (3.6) and (3.7) and (3.71)}}
; Offence involving explosive or other lethal device
(3.72) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, or being an accessory after the fact or counselling in relation to an offence against, section 431.2 {{AnnSec4|431.2}} is deemed to commit that act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, under any Act of Parliament;
:(b) the act or omission is committed on an aircraft
::(i) registered in Canada under regulations made under the ''Aeronautics Act'',
::(ii) leased without crew and operated by a person who is qualified under regulations made under the ''Aeronautics Act'' to be registered as owner of an aircraft in Canada under those regulations, or
::(iii) operated for or on behalf of the Government of Canada;
:(c) the person who commits the act or omission
::(i) is a Canadian citizen, or
::(ii) is not a citizen of any state and ordinarily resides in Canada;
:(d) the person who commits the act or omission is, after the commission of the act or omission, present in Canada;
:(e) the act or omission is committed against a Canadian citizen;
:(f) the act or omission is committed with intent to compel the Government of Canada or of a province to do or refrain from doing any act; or
:(g) the act or omission is committed against a Canadian government or public facility located outside Canada.
{{removed|(3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|3.72}}
}}

Sections 7(5) to (11) set out the procedural requirements of deemed jurisdiction under this section.

===Torture===

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34), (3), (3.1), (3.2) to (3.6)}}
; Jurisdiction
(3.7) Notwithstanding anything in this Act or any other Act, every one who, outside Canada, commits an act or omission that, if committed in Canada, would constitute an offence against, a conspiracy or an attempt to commit an offence against, being an accessory after the fact in relation to an offence against, or any counselling in relation to an offence against, section 269.1 {{AnnSec2|269.1}} shall be deemed to commit that act or omission in Canada if
:(a) the act or omission is committed on a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;
:(b) the act or omission is committed on an aircraft
::(i) registered in Canada under regulations made under the ''Aeronautics Act'', or
::(ii) leased without crew and operated by a person who is qualified under regulations made under the ''Aeronautics Act'' to be registered as owner of an aircraft in Canada under those regulations;
:(c) the person who commits the act or omission is a Canadian citizen;
:(d) the complainant is a Canadian citizen; or
:(e) the person who commits the act or omission is, after the commission thereof, present in Canada.

(3.76) and (3.77) [Repealed, {{LegHistory00s|2000, c. 24}}, s. 42]<br>
{{removed|(4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|3.7}}
}}

==Non-citizens==
Any extra-territorial jurisdiction conveyed by s. 7 in relation to a non-citizen must only be applied with the consent of the Attorney General of Canada.

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2), (4.3), (5), (5.1) and (6)}}
; If accused not Canadian citizen
(7) If the accused is not a Canadian citizen, no proceedings in respect of which courts have jurisdiction by virtue of this section shall be continued unless the consent of the Attorney General of Canada is obtained not later than eight days after the proceedings are commenced.<br>
{{removed|(8), (9), (10) and (11)}}
{{S-7 History}}
|{{CCCSec2|7}}
|{{NoteUp|7|7}}
}}

The requirement for consent from the Attorney General of Canada only applies to non-citizens who are ''not'' also permanent residents.<ref>
{{CanLIIRx|Patel|gp3d2|2016 ONCJ 172 (CanLII)}}{{perONCJ|Copeland J}}{{AtL|gp3d2|20}}
</ref>

; Purpose
The purpose of the requirement for consent at the beginning of the proceedings is to require the government to "consider the international implications of the prosecution of a non-citizen for an extra-territorial offence" "in order to avoid possible international relations issues."<ref>
{{ibid1|Patel}}{{atL|gp3d2|27}}<br>
</ref>

; Burden
The crown has no burden to establish the accused was a Canadian citizen to exempt itself from s. 7(7) limiting the jurisdiction of the court. There must be an application by the accused before the Crown has a burden to adduce evidence on citizenship.<ref>
{{CanLIIRP|Minot|2f7r5|2011 NLCA 7 (CanLII)|266 CCC (3d) 74}}{{perNLCA|Hoegg JA}} (3:0)
</ref>
{{reflist|2}}

==Applicable Forum for Section 7 Jurisdiction Offences==

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2) and (4.3)}}
; Jurisdiction
(5) Where a person is alleged to have committed an act or omission that is an offence by virtue of this section, proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

; Appearance of accused at trial
(5.1) For greater certainty, the provisions of this Act relating to
:(a) requirements that an accused appear at and be present during proceedings, and
:(b) the exceptions to those requirements,
apply to proceedings commenced in any territorial division pursuant to subsection (5) {{AnnSec0|7(5)A}}.

; If previously tried outside Canada
(6) If a person is alleged to have committed an act or omission that is an offence by virtue of this section and that person has been tried and dealt with outside Canada in respect of the offence in such a manner that, if that person had been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict, pardon or an expungement order under the ''Expungement of Historically Unjust Convictions Act'', that person shall be deemed to have been so tried and dealt with in Canada.
<br>
{{removed|(7), (8), (9), (10) and (11)}}
{{S-7 History}}
{{Annotation}}
|{{CCCSec2|7}}
|{{NoteUp|7|5|5.1|6}}
}}

==Evidence==

{{quotation2|
7<br>
{{removed|(1), (2), (2.01), (2.02), (2.1), (2.2), (2.21), (2.3), (2.31), (2.32), (2.33) and (2.34), (3), (3.1), (3.2) to (3.6), (3.7), (3.71), (3.72), (3.73), (3.74), (3.75), (3.76) and (3.77), (4), (4.1), (4.11), (4.2), (4.3), (5), (5.1), (6), (7), (8) and (9)}}
; Certificate as evidence
(10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity.
<br>
; Idem
(11) A certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs stating
:(a) that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict,
:(b) that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or
:(c) that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved,
is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated.

{{S-7 History}}
|{{CCCSec2|7}}
|{{NoteUp|7|10|11}}
}}

==Attendance at Trial==
{{quotation2|
; Appearance of accused at trial
481.3 For greater certainty, the provisions of this Act relating to
:(a) the requirement of the appearance of an accused at proceedings, and
:(b) the exceptions to that requirement
apply to proceedings commenced in any territorial division pursuant to section 481 {{AnnSec4|481}}, 481.1 {{AnnSec4|481.1}} or 481.2 {{AnnSec4|481.2}}.
<br>
{{LegHistory90s|1996, c. 31}}, s. 72.<br>
{{Annotation}}
|{{CCCSec2|481.3}}
|{{NoteUp|481.3}}
}}