INTRODUCTION AND BRIEF DESCRIPTION

This section deems certain criminal acts committed outside Canada to have been committed in Canada if they meet certain criteria, such as being committed by a Canadian citizen or against a Canadian citizen.

SECTION WORDING

7.(2.1) Notwithstanding anything in this Act or any other Act, every one who commits an act or omission outside Canada against or on board a fixed platform attached to the continental shelf of any state or against or on board a ship navigating or scheduled to navigate beyond the territorial sea of any state, 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 78.1, shall be deemed to commit that act or omission in Canada if it is committed (a) against or on board a fixed platform attached to the continental shelf of Canada; (b) against or on board a ship registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament; (c) by a Canadian citizen; (d) by a person who is not a citizen of any state and who ordinarily resides in Canada; (e) by a person who is, after the commission of the offence, present in Canada; (f) in such a way as to seize, injure or kill, or threaten to injure or kill, a Canadian citizen; or (g) in an attempt to compel the Government of Canada to do or refrain from doing any act.

EXPLANATION

Section 7(2.1) of the Criminal Code of Canada has been included to ensure that Canadian laws are applicable to crimes committed outside of Canada that involves Canadian interest. This section enables the Canadian courts to assert jurisdiction for acts or omissions that, if committed in Canada, would be considered a criminal offense against section 78.1 of the Criminal Code. Section 78.1 of the Criminal Code prohibits acts of piracy, which can include any illegal acts on board a ship such as hijacking, robbery, or kidnapping at sea. The section makes it applicable to crimes committed outside Canada, against or on board ships that are beyond the territorial sea of any state. In case of any of these offenses being committed outside of Canada but involving Canadian interests, this section allows the Canadian courts to assume jurisdiction and bring the offenders to trial in Canada. This includes acts or omissions committed against Canadian citizens, any Canadian-registered ships, or even fixed platforms attached to the continental shelf of Canada. This section further clarifies that offenders who commit such acts against Canadian interests will be deemed to have committed those offenses in Canada, making them subject to the same criminal procedure and punishment under Canadian law. By having this provision, Canada ensures that its jurisdiction can be applied to crimes committed on the high seas or foreign territories, if they involve Canadian interests and Canadians.

COMMENTARY

Section 7(2.1) of the Criminal Code of Canada deals with the question of jurisdiction over certain criminal offences committed outside of Canada. The section applies to acts or omissions committed against or on board certain types of vessels or platforms, which if committed in Canada, would constitute an offence against Section 78.1 of the Criminal Code. This section of the code concerns acts of terrorism. The law recognizes that acts of terrorism pose a threat to the security of any nation, and so the section extends the jurisdiction of Canadian courts to prosecute those who engage in acts of terrorism outside of the country. The law recognizes that terrorism knows no borders and requires a coordinated and collaborative approach to effectively combat it. By expanding the territorial jurisdiction of Canadian courts over these specific acts or omissions, the Criminal Code ensures that those who commit such heinous acts can be held accountable for their actions. The section sets out specific circumstances under which an act or omission committed outside of Canada will be deemed to have been committed in Canada. These circumstances include acts committed against or on board a Canadian fixed platform attached to the continental shelf, or on board a ship registered or licensed pursuant to any Act of Parliament. The provision also applies to Canadian citizens, persons who ordinarily reside in Canada, or persons who are present in Canada after the commission of the offence. It is important to note that the section only applies to those acts that, if committed in Canada, would constitute an offence against Section 78.1 of the Criminal Code. Section 78.1 defines terrorism as any act committed for political, religious or ideological purposes that "causes serious harm to any person" or places the public, in whole or in part, in grave danger. Thus, the provision only applies to the most serious offences that pose a significant threat to public safety. The inclusion of Section 7(2.1) in the Criminal Code of Canada helps to ensure that those who engage in acts of terrorism that pose a threat to the security of the nation can be held accountable. It is a strong signal that Canada takes such offences seriously and will not tolerate those who pose a threat to public safety. It also demonstrates the importance of international cooperation in combating terrorism and ensuring the safety and security of people everywhere. As with any provision that expands the jurisdiction of Canadian courts beyond its borders, there are concerns about the potential for overreach. However, the inclusion of specific criteria for when these provisions apply helps to mitigate these concerns. Overall, Section 7(2.1) of the Criminal Code of Canada provides an important tool for law enforcement and prosecutors in holding those who engage in acts of terrorism accountable for their actions.

STRATEGY

Section 7(2.1) of the Criminal Code of Canada provides for the extraterritorial application of Canadian criminal law in certain circumstances. This provision enables Canadian authorities to exercise jurisdiction over offences committed outside Canada, provided that certain criteria are met. There are several strategic considerations that come into play when dealing with this section of the Criminal Code of Canada, as well as various strategies that can be employed to maximize this provision's efficacy. One of the primary strategic considerations when dealing with section 7(2.1) is the need to balance jurisdictional concerns with practical considerations. For example, in cases where an offence has been committed on a foreign ship or platform, Canadian authorities may have to work with other countries to obtain evidence and to extradite suspects back to Canada for trial. This can be a time-consuming and complex process, and it may require close coordination with foreign authorities. Another strategic consideration is the need to balance the rights of suspects with the need to protect national security and public safety. In some cases, suspects may be detained without charge for extended periods of time, which can raise concerns about their rights and freedoms. However, in cases where national security or public safety concerns are paramount, authorities may need to take swift action to prevent harm to Canadian citizens or interests. To maximize the efficacy of section 7(2.1), authorities can employ a range of strategic options. For example, they can work closely with foreign governments and law enforcement agencies to build strong cases against suspects, and they can use international tribunals and forums to prosecute offenders. They can also use advanced forensic technologies and other investigative tools to gather evidence and to identify suspects. Another important strategy is to build strong relationships with key stakeholders, including other governments, local communities, and civil society organizations. By engaging with these stakeholders, authorities can build trust and cooperation, which can be critical in obtaining the cooperation of foreign governments and communities, as well as in promoting transparency and accountability. Overall, section 7(2.1) of the Criminal Code of Canada provides a powerful tool for Canadian authorities to combat crimes committed outside the country that would be considered crimes if committed in Canada. However, this provision requires careful consideration and strategic planning to ensure that it is used effectively and in a manner that balances the rights of suspects with the need to protect national security and public safety.

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