INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code of Canada applies to acts committed outside of Canada on fixed platforms or ships and deems them to be committed in Canada if certain conditions are met.

SECTION WORDING

7.(2.2) 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 not attached to the continental shelf of any state or against or on board a ship not 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 (a) if it is committed as described in any of paragraphs (2.1)(b) to (g); and (b) if the offender is found in the territory of a state, other than the state in which the act or omission was committed, that is (i) a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988, in respect of an offence committed against or on board a ship, or (ii) a party to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988, in respect of an offence committed against or on board a fixed platform.

EXPLANATION

Section 7(2.2) of the Criminal Code of Canada is a provision that expands the jurisdiction of Canadian courts to prosecute certain offences committed by individuals outside of Canada. Specifically, it applies to acts or omissions committed against or on board fixed platforms or ships that are not attached to any state's territorial shelf or navigating beyond the territorial sea of any state. Under this provision, if an individual commits an act or omission outside of Canada that would be considered an offence under section 78.1 of the Criminal Code (relating to the safety of ships or fixed platforms) if committed in Canada, they can still be prosecuted in Canada under certain circumstances. These circumstances are if the act or omission is committed in a way described in paragraphs (2.1)(b) to (g), and if the offender is found in the territory of a state other than the state in which the act or omission was committed. This provision also requires that the state in which the offender is found is a party to either the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation or the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, both of which are international agreements aimed at combating acts of terrorism and other unlawful acts against ships and fixed platforms. Overall, this provision allows Canadian courts to prosecute offences committed in international waters or on international platforms, as long as certain conditions are met. It serves as a tool for Canada to combat acts of terrorism and other serious crimes committed against ships and fixed platforms, and reinforces Canada's commitment to international law and security.

COMMENTARY

Section 7(2.2) of the Criminal Code of Canada establishes that an individual outside of Canada can be charged under Canadian law for a crime committed against or on board a fixed platform not attached to the continental shelf or a ship not beyond the territorial sea of any state. The section is relevant for several reasons, the first being that it ensures accountability for crimes committed outside of the country that have a significant impact on Canadian interests. For instance, when a Canadian company operates a fixed platform or a ship in foreign waters, the safety and security of its personnel and assets are essential. If someone commits a crime against or on board these platforms or ships, it can have a severe impact on the company's operations and the Canadian economy. The section ensures that such individuals face punishment under Canadian law, making it an effective deterrent for potential offenders. Furthermore, Section 7(2.2) ensures that Canada meets its international obligations to prevent crimes like piracy, terrorist acts against ships, and unauthorized access to fixed platforms. Canada is a signatory to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf. By incorporating these agreements into Canadian law, Canada ensures that offenders are held accountable for criminal acts committed against or on board a ship or a fixed platform, regardless of where the crime was committed. Despite its benefits, some may argue that the section's broad language leaves room for abuse. For instance, an offender found guilty of one of the offenses mentioned in the section could face punishment under Canadian law even if they have no connection to Canada. This provision can be seen as a form of extraterritorial jurisdiction, which some argue is an infringement on state sovereignty. The provision may also create confusion as to which state has jurisdiction to prosecute the offender, especially where multiple states have interests in the matter. Another issue with Section 7(2.2) is that it only applies if the offender is present in a state that is party to the conventions mentioned above. This leaves individuals who commit these crimes but are not found in such a state beyond the reach of Canadian authorities. As such, the section does not provide adequate coverage for Canadian interests or international obligations. In conclusion, Section 7(2.2) of the Criminal Code of Canada is a necessary provision that ensures individuals who commit crimes against or on board a fixed platform or a ship not beyond the territorial sea of any state face punishment under Canadian law. However, the provision's language is broad and may infringe on state sovereignty, and it does not offer sufficient coverage for Canadian interests and international obligations. As such, the section may require further review to address these concerns.

STRATEGY

Section 7(2.2) of the Criminal Code of Canada allows for the extraterritorial application of Canadian criminal law to certain offenses committed outside of Canada. Specifically, it applies to offenses committed on board a fixed platform not attached to the continental shelf of any state or on board a ship not navigating or scheduled to navigate beyond the territorial sea of any state, but that would be considered a offense under Canadian law if committed within Canada. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. Firstly, it is important to determine whether or not the offense in question falls within the scope of section 7(2.2). This requires a careful analysis of the facts and circumstances of the case, as well as an understanding of relevant Canadian criminal law. Once it has been established that section 7(2.2) applies to the case at hand, there are several strategies that could be employed. One possible strategy is to seek the assistance of foreign law enforcement agencies and/or prosecutors in order to gather evidence and/or pursue charges against the offender. This could involve mutual legal assistance requests, extradition proceedings, or other forms of cooperation. Another strategy is to pursue civil remedies against the offender, such as suing for damages or seeking an injunction to prevent further harm. This could be particularly effective in cases where the offender has assets in Canada or other jurisdictions where Canadian judgments can be enforced. A third strategy is to seek assistance from Canadian diplomatic or consular officials in the country where the offense was committed. This could involve advocating on behalf of Canadian citizens or businesses that have been affected by the offense, or working with local authorities to ensure that the offender is held accountable. Overall, the extraterritorial application of Canadian criminal law through section 7(2.2) of the Criminal Code of Canada presents both opportunities and challenges for law enforcement and prosecutors. By carefully considering the facts and circumstances of each case and employing appropriate strategies, however, it is possible to effectively address offenses committed outside of Canada that would otherwise go unpunished.

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