NCJ Number
101476
Date Published
1984
Length
222 pages
Annotation
This working paper calls upon the Canadian Parliament to enlarge the courts' capacity to enforce Canadian criminal law beyond Canada's boundaries to the fullest extent authorized by international law. Major areas covered include the territorial sea, war crime legislation, hijacking, international fraud, counterfeiting, drug trafficking abroad by Canadians, and extradition.
Abstract
Following a review of rules governing territoriality and Canada's territorial sea, the report addresses offenses committed wholly outside Canada -- in fishing zones, ships, aircraft, and in other countries. Individual sections discuss offenses committed partly in Canada and partly outside Canada and inchoate offenses, such as attempts and conspiracies. The report examines the following jurisdictional aspects of Canadian criminal courts: immunities, extradition, and international 'double jeopardy.' These discussions cover both international and Canadian law, policy considerations, defects in current law, and recommendations for change. The final chapters outline proposed changes in the jurisdictional provisions of the Criminal Code and additions to the Criminal Code and other laws. Footnotes, excerpts from the Criminal Code and the Criminal Law Reform Act of 1984, and tables of cases and acts.