INTRODUCTION AND BRIEF DESCRIPTION

This section deems certain criminal acts committed outside of Canada to be committed in Canada under specific circumstances.

SECTION WORDING

7(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 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.

EXPLANATION

Section 7(3.7) of the Criminal Code of Canada states that any individual who commits an offense outside of Canada, but would be considered an offense if committed within Canada, against Section 269.1 of the Code shall be deemed to have committed the offense within Canada in certain circumstances. These circumstances include if the act or omission was carried out on a ship that is registered or licensed, an aircraft registered in Canada or leased without crew and operated in accordance with Canadian regulations, or if the individual who committed the offense is a Canadian citizen and/or present in Canada after the commission of the offense. This section of the Criminal Code expands the jurisdiction of Canadian courts to allow for the prosecution of individuals who commit crimes outside of Canada that affect Canadian citizens or involve Canadian-registered ships or aircraft. It also serves as a deterrent to Canadian citizens who may be tempted to commit crimes in other countries, as they can still be held accountable under Canadian law.

COMMENTARY

Section 7(3.7) of the Criminal Code of Canada is meant to ensure that Canadian law is respected and enforced even when a crime is committed in another country. Specifically, this section applies to individuals who commit acts or omissions that would constitute an offense according to Canadian law if the crime was committed within the country's borders. This section is significant because it extends the reach of Canadian criminal law beyond the country's borders. It ensures that individuals who commit crimes that impact Canadian citizens or the country's security and interests can be held accountable, regardless of their location. One way in which the section accomplishes this is by using the principle of deemed commission. This means that even though a crime may be committed outside Canada, it is treated as if it had been committed within its borders under certain circumstances, such as those specified in Subsections (a) through (e). For example, a person who commits an offense related to section 269.1 (hostage-taking and related offences) aboard a Canadian-licensed ship would be deemed to have committed the act in Canada. Furthermore, the subsection provides clear criteria for determining when deemed commission applies, making it easier for law enforcement officials to identify when they have jurisdiction to prosecute. For instance, if a Canadian citizen commits an offense related to hostage-taking outside Canada, they would be subject to Canadian law irrespective of where the act was committed. Section 7(3.7) plays a crucial role in protecting the interests of Canadian citizens and the country's security. In particular, it ensures that Canadians who may become a victim of criminal acts committed outside the country's borders receive the same level of protection as those who are victimized within. This defense mechanism operates most effectively in cases involving criminal acts that threaten the sovereignty, integrity, or welfare of Canada. However, the application of deemed commission is not without its challenges. One of the significant challenges is the issue of determining jurisdiction in cases where the crime spans multiple countries. In cases where a crime may impact more than one country, it is often complicated to determine which jurisdiction should have priority. Another challenge is the potential for abuse of power by law enforcement authorities. In cases where the subsection is invoked, individuals may find themselves subject to Canadian law even though they have little or no connection to the country. This situation could lead to a violation of the accused's human rights if not handled correctly. In conclusion, Section 7(3.7) of the Criminal Code of Canada plays a critical role in extending Canadian criminal law's reach beyond the country's borders. It seeks to ensure that Canadian law is respected wherever there is a link to the country, be it through the accused, victim, or another circumstance defined in the subsection. However, the section's application requires careful consideration and balance to prevent the violation of accused individuals' human rights.

STRATEGY

Section 7(3.7) of the Criminal Code of Canada is an important provision that allows the Canadian government to prosecute individuals who commit crimes outside of Canada that would constitute an offense if committed within Canada. This provision is crucial in ensuring that Canadians are protected from crimes committed outside of Canadian jurisdiction, and that perpetrators are held accountable for their actions. However, dealing with this section of the Criminal Code requires careful strategic considerations. The following are some strategies that could be employed: 1. Diplomatic channels: When dealing with crimes committed by Canadian citizens or complainants outside of Canada, diplomatic channels can be used to ensure that the host country is aware of the crime and can assist in the investigation and prosecution of the perpetrator. This can include requesting extradition of the perpetrator or working with foreign law enforcement to apprehend and prosecute the individual. 2. Cooperation with international organizations: International organizations, such as Interpol or United Nations Office on Drugs and Crime, can provide assistance in investigating and prosecuting crimes committed outside of Canadian jurisdiction. They have access to resources and expertise that can help Canadian law enforcement agencies in their investigations. This cooperation can be crucial in building strong cases that can lead to successful prosecution of the perpetrators. 3. Use of technology: The use of technology in investigations and prosecutions can be crucial in cases that occur outside of Canadian jurisdiction. This can include the monitoring of online activities of suspects or the use of forensic tools that can help establish the identity of perpetrators. The use of technology can also be employed to track the movement of ships or aircraft in cases where the crime was committed on these vessels. 4. Coordination with provincial and federal agencies: Coordination between provincial and federal agencies can be essential in investigating and prosecuting crimes committed outside of Canada that are covered under this provision. This can include collaboration between the police, the Crown, and other agencies such as the Royal Canadian Mounted Police. Effective coordination can lead to better investigations and successful prosecutions. 5. Media and public relations: Public relations can play a critical role in cases where crimes have been committed outside Canada. The use of media can help raise public awareness about the crimes and can be used to encourage witnesses to come forward. It can also be used to keep the public informed about the progress of investigations and legal proceedings. In conclusion, while Section 7(3.7) of the Criminal Code of Canada provides important protection for Canadians, dealing with crimes committed outside of Canadian jurisdiction requires careful strategic considerations. The use of diplomatic channels, cooperation with international organizations, use of technology, coordination with provincial and federal agencies, and media and public relations can all be effective strategies in ensuring successful investigations and prosecutions.

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