INTRODUCTION AND BRIEF DESCRIPTION
This section extends the jurisdiction of Canada to include offences committed outside of Canada in certain circumstances.
SECTION WORDING
7(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 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.
EXPLANATION
Section 7(3.1) of the Criminal Code of Canada is a provision that grants extraterritorial jurisdiction to Canadian courts over certain criminal offences committed outside Canada. This means that individuals who commit certain crimes outside of Canada can still be prosecuted in Canada. The provision applies to offences under section 279.1 of the Criminal Code, which pertains to the crime of human trafficking. Specifically, the provision applies in situations where the act of human trafficking is committed outside Canada, but certain conditions are met. These conditions include the involvement of a Canadian registered or licensed ship or aircraft, the perpetrator being a Canadian citizen or residing in Canada, or the intent being to induce the Canadian government to commit a certain act or omission. This provision was introduced to address the global nature of human trafficking, which often involves the movement of victims across borders and the involvement of perpetrators from multiple countries. By allowing Canadian courts to prosecute individuals who commit these crimes outside Canada, the provision serves as a deterrent to those who may consider engaging in human trafficking activities. It also ensures that justice can be served for victims of human trafficking, regardless of where the crime was committed. Overall, Section 7(3.1) of the Criminal Code of Canada is an important tool in the fight against human trafficking, allowing for greater accountability and prosecution of those who engage in this heinous crime.
COMMENTARY
Section 7(3.1) of the Criminal Code of Canada is of great significance as it extends the jurisdiction of Canadian criminal law outside of its borders. In essence, any individual who commits an act or omission which would be considered an offense in Canada, but does so outside of the country, will be subject to Canadian criminal law. This jurisdiction is formed irrespective of the nationality of the offender and the location of the commission of the crime. The application of this section is limited to specific scenarios, including instances where the act or omission is committed on a ship or airplane registered in Canada, or where the offender is present in Canada after committing the crime. This expanded jurisdiction of Canadian criminal law is not without merit. Firstly, it enhances the effectiveness of Canadian criminal law by deterring Canadians from committing crimes outside of the country that may be detrimental to Canadian interests, including the safety of Canadian citizens and economic interests such as trade and commerce. Secondly, it provides a forum for justice to be served in the case of crimes committed outside of Canada that would be considered offenses against Canadian law. The provision of Section 7(3.1) of the Criminal Code of Canada grants Canadian authorities jurisdiction over Canadians who may use their status to carry out criminal activities alongside other foreigners. For example, Canadians involved in human trafficking may use foreign partners to carry out the crime in a foreign country and then continue to operate from Canada. This provision ensures that such criminals can be convicted in Canada, and their assets can be confiscated, even if the crimes themselves were committed entirely overseas. Moreover, the section also serves the interests of Canada's foreign policy by providing an appropriate platform for diplomatic negotiations in cases of cross-border crimes. For instance, Section 7(3.1) might be used to bring a case against an individual who has committed a crime against a Canadian citizen in another country. The application of Canadian law in such a scenario could be seen as an act of diplomacy, and it would provide a means of initiating negotiations with the country in question concerning its citizenship or its obligation to justice. In conclusion, Section 7(3.1) provides extended jurisdiction to Canadian criminal law, which has implications both domestically and internationally. The provision enables Canada to effectively counter crimes committed by its citizens overseas and provides a framework for redressing such transgressions. This section of the criminal code ensures that Canadian interests are safeguarded by extending the reach of Canadian criminal law across national borders irrespective of the circumstances in which the crime is committed.
STRATEGY
Section 7(3.1) of the Criminal Code of Canada, as stated above, empowers Canadian courts to assume jurisdiction over individuals who commit an offence outside of Canada, but for which they would be charged if the offence had occurred in Canada. This provision poses significant strategic considerations for lawyers and litigators. One critical factor to consider is the degree of cooperation that the Canadian authorities will receive from foreign governments concerning the extradition of the accused. As with any legal process, cooperation is crucial, particularly regarding extradition. The legal team should gauge the extent of extradition treaties between Canada and the country of arrest. Another strategic consideration arises from the fact that section 7(3.1) does not require the actual commission of a crime. Instead, it is enough for the accused to have merely induced someone else to commit an offence or attempt to commit an offence. Therefore, the legal team should assess the weight of evidence against the accused carefully. Furthermore, section 7(3.1) includes crimes committed on Canadian-registered ships and aircraft. This clause may be advantageous to the defence team as they can focus on jurisdictional challenges. For example, it can be established that the alleged crime occurred outside Canadian territorial waters or airspace. Still, another strategic consideration for lawyers is the provision's extraterritorial jurisdiction. The defendant may claim that their rights to due process, and the rule of law have been violated because they did not commit the crime within Canada. It's a crucial factor for the legal team to ensure that the accused's rights are not violated in any way. However, section 7(3.1) can be an effective tool for prosecutors when dealing with serious offences such as human trafficking. By focusing on the provision's inclusion of Canadian citizens taken hostage outside of Canada, prosecutors can press charges against individuals involved in these crimes regardless of their location. In conclusion, section 7(3.1) of Canada's Criminal Code can be a powerful tool for litigators and prosecutors in criminal cases involving off-shore crimes. However, there are various strategic considerations for the legal representation to bear in mind when using this provision. The weight of evidence and cooperation with foreign governments are essential factors when considering such cases. Therefore, it is essential to engage experts to ensure the best outcome for their clients.
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