Mutual Legal Assistance in Criminal Matters Act (R.S.C., 1985, c. 30 (4th Supp.))

Marginal note:Report

• 19 (1) A person designated pursuant to paragraph 18(2)(c) in an order made under subsection 18(1) shall make a report to the judge who made the order or another judge of the same court, accompanied by

  • (a) a transcript of every examination held pursuant to the order;

  • (b) a general description of every record or thing produced to the person pursuant to the order and, if the judge so requires, a record or thing itself; and

  • (c) a copy of every statement given under subsection 18(9) of the reasons for a refusal to answer any question or to produce any record or thing.

• Marginal note:Copy to Minister

  (2) The person designated pursuant to paragraph 18(2)(c) shall send a copy of the report to the Minister forthwith after it is made.

• Marginal note:Refusals

  (3) If any reasons contained in a statement given under subsection 18(9) are based on the Canadian law of non-disclosure of information or privilege, a judge to whom a report is made shall determine whether those reasons are well-founded, and, if the judge determines that they are, that determination shall be mentioned in any order that the judge makes under section 20, but if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 18(1) answer the questions or produce the records or things.

• Marginal note:Refusals based on foreign law

  (4) A copy of every statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity shall be appended to any order that the judge makes under section 20.

Marginal note:Sending abroad

• 20 (1) A judge to whom a report is made under subsection 19(1) may order that there be sent to the state or entity the report and any record or thing produced, as well as a copy of the order accompanied by a copy of any statement given under subsection 18(9) that contains reasons that purport to be based on a law that applies to the state or entity, as well as any determination of the judge made under subsection 19(3) that the reasons contained in a statement given under subsection 18(9) are well-founded.

• Marginal note:Terms and conditions

  (2) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, after having considered any representations of the Minister, the competent authority, the person who produced any record or thing to the person designated under paragraph 18(2)(c) and any person who claims to have an interest in any record or thing so produced, including terms and conditions

  • (a) necessary to give effect to the request mentioned in subsection 17(1);

  • (b) with respect to the preservation and return to Canada of any record or thing so produced; and

  • (c) with respect to the protection of the interests of third parties.

• Marginal note:Further execution

  (3) The execution of an order made under subsection 18(1) that was not completely executed because of a refusal, by reason of a law that applies to the state or entity, to answer one or more questions or to produce certain records or things to the person designated under paragraph 18(2)(c) may be continued, unless a ruling has already been made on the objection under paragraph 18(8)(a), if a court of the state or entity or a person designated by the state or entity determines that the reasons are not well-founded and the state or entity so advises the Minister.

• Marginal note:Leave of judge required

  (4) No person named in an order made under subsection 18(1) whose reasons for refusing to answer a question or to produce a record or thing are determined, in accordance with subsection (3), not to be well-founded, or whose objection has been ruled against under paragraph 18(8)(a), shall, during the continued execution of the order or ruling, refuse to answer that question or to produce that record or thing to the person designated under paragraph 18(2)(c), except with the permission of the judge who made the order or ruling or another judge of the same court.

Marginal note:Terms and conditions

21 No record or thing that has been ordered under section 20 to be sent to the state or entity mentioned in subsection 17(1) shall be so sent until the Minister is satisfied that the state or entity has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing.

Marginal note:Contempt of court

• 22 (1) A person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c) after a judge has ruled against the objection under paragraph 18(8)(a).

• Marginal note:Contempt of court

  (2) If no ruling has been made under paragraph 18(8)(a), a person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c)

  • (a) without giving the detailed statement required by subsection 18(9); or

  • (b) if the person so named was already asked the same question or requested to produce the same record or thing and the reasons on which that person based the earlier refusal were determined not to be well-founded by

    • (i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or

    • (ii) a court of the state or entity or by a person designated by the state or entity, if the reasons were based on a law that applies to the state or entity.

Marginal note:Application of Criminal Code

22.01 The Criminal Code applies, with any necessary modifications, in respect of an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code, except to the extent that that Act is inconsistent with this Act.

Marginal note:Approval of request to obtain production

• 22.02 (1) If the Minister approves a request of a state or entity to obtain an order under this Act made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code to require the production of a record containing data, the Minister must provide a competent authority with any documents or information necessary to apply for the order.

• Marginal note:Application for orders

  (2) The competent authority must apply ex parte for an order made in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code to a justice as defined in section 2 of the Criminal Code, a judge of a superior court of criminal jurisdiction as defined in that section or a judge of the Court of Quebec.

Marginal note:Production and non-disclosure orders

• 22.03 (1) The justice or judge to whom the application is made may make an order in the manner provided for under any of sections 487.015 to 487.018 and 487.0191 of the Criminal Code if the conditions set out in that section have been met.

• Marginal note:Condition in order

  (2) An order made in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code must require that a record containing the data be given to a designated person.

Marginal note:Sending abroad

• 22.04 (1) If the justice or judge makes an order in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code, the justice or judge must also order

  • (a) that the person designated in the order send a record containing the data directly to the state or entity that made the request under subsection 22.02(1); or

  • (b) that sections 20 and 21 apply to the order with any necessary modifications.

• Marginal note:Report

  (2) The person designated in the order must

  • (a) make a report concerning the execution of the order to the justice or judge who made it  —  or to another justice for the same territorial division or another judge in the judicial district where the order was made  —  accompanied by a general description of the data contained in the record obtained under the order and, if the justice or judge requires it, a record containing the data; and

  • (b) send a copy of the report to the Minister without delay.

• Marginal note:Timing of report and sending abroad

  (3) If the justice or judge makes an order under paragraph (1)(a), the person designated in the order must make the report to the justice or judge and send a record containing the data to the state or entity that made the request no later than five days after the day on which such a record is obtained under the order.

Marginal note:Offence

22.05 Section 487.0198 of the Criminal Code applies to everyone who is subject to an order made under subsection 22.03(1) in the manner provided for under any of sections 487.015 to 487.018 of the Criminal Code.

Marginal note:Orders to gather tax information

• 22.06 (1) A judge of the province to whom an application is made under subsection 17(2) with respect to an investigation or prosecution relating to an act or omission that, if it had occurred in Canada, would have constituted an offence referred to in subsection 462.48(1.1) of the Criminal Code may make an order for the gathering of the information or documents referred to in paragraph 462.48(2)(c) of that Act.

• Marginal note:Criminal Code applies

  (2) Subject to subsection (3), an order made under subsection (1) may be obtained and made in accordance with subsections 462.48(1) to (5) of the Criminal Code and executed in the manner provided for in that Act, with any necessary modifications.

• Marginal note:Provisions applicable to order

  (3) Paragraphs 18(2)(b) and (c), subsections 18(3) to (9) and sections 19 to 22, other than paragraph 19(1)(a), apply, with any necessary modifications, in respect of an order made under subsection (1) and prevail over any provisions of the Criminal Code that are inconsistent with them.

Video Link

Marginal note:Approval of request to obtain evidence by video link, etc.

• 22.1 (1) If the Minister approves a request of a state or entity to compel a person to provide evidence or a statement regarding an offence by means of technology that permits the virtual presence of the person in the territory over which the state or entity has jurisdiction, or that permits the parties and the court to hear and examine the witness, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.

• Marginal note:Application for order

  (2) The competent authority who is provided with the documents or information shall apply ex parte to a judge of the province in which the person may be found for an order for the taking of the evidence or statement from the person under subsection (1).

Marginal note:Order for video link, etc.

• 22.2 (1) The judge may make the order if satisfied that there are reasonable grounds to believe that

  • (a) an offence has been committed; and

  • (b) the state or entity believes that the person’s evidence or statement would be relevant to the investigation or prosecution of the offence.

• Marginal note:Provisions of order

  (2) An order made under subsection (1) shall order the person

  • (a) to attend at the place fixed by the judge for the taking of the evidence or statement by means of the technology and to remain in attendance until the person is excused by the authorities of the state or entity;

  • (b) to answer any questions put to the person by the authorities of the state or entity or by any person authorized by those authorities, in accordance with the law that applies to the state or entity;

  • (c) to make a copy of a record or to make a record from data and to bring the copy or record, when appropriate; and

  • (d) to bring any record or thing in his or her possession or control, when appropriate, in order to show it to the authorities by means of the technology.

• Marginal note:Order effective throughout Canada

  (3) An order made under subsection (1) may be executed anywhere in Canada.

• Marginal note:Terms and conditions of order

  (4) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of the person named in it and of third parties.

• Marginal note:Variation

  (5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions.

• Marginal note:Expenses

  (6) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order.