- Reaction score
- 21,851
- Points
- 1,360
Jarnhamar said:Hard not to draw conclusions from that list of charges.
Legal question. If his wife makes accusations against him about their time in Pakistan (say, similar to what he's charged with now) could be face additional charges under the Canadian court system or is it inadmissible because it happened in another country?
I'm not sure about the Canadian Criminal Code, but for some Canadian legislation, illegal acts committed outside Canada are considered the same as if committed inside Canada and the penalties/punishment would be assessed similarly: for example: Canadian Corruption of Foreign Public Officials Act - CFPOA (Bill C-45) states:
Offence committed outside Canada
5 (1) Every person who commits an act or omission outside Canada that, if committed in Canada, would constitute an offence under section 3 or 4 — or a conspiracy to commit, an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under that section — is deemed to have committed that act or omission in Canada if the person is
(a) a Canadian citizen;
(b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who, after the commission of the act or omission, is present in Canada; or
(c) a public body, corporation, society, company, firm or partnership that is incorporated, formed or otherwise organized under the laws of Canada or a province.
Jurisdiction
(2) If a person is alleged to have committed an act or omission that is deemed to have been committed in Canada under subsection (1), proceedings for an offence in respect of that act or omission may, whether or not that person is in Canada, be commenced in any territorial division in Canada. The person may be tried and punished for that offence as if the offence had been committed in that territorial division.
I recall that the National Defence Act held CAF members accountable to the CCC even whilst deployed abroad, not sure about external applicability of the CCC to civilians - perhaps some better versed on the CCC's provisions for out-of-country criminal acts could weigh in?
Regards
G2G