Bill S-4

2nd Session, 36th Parliament,

48 Elizabeth II, 1999

senate of canada

BILL S-4

An Act to provide for judicial preauthorization of requests to be made to a foreign or international authority or organization for a search or seizure outside Canada

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the International Search or Seizure Act.

2. The definitions in this section apply in this Act.

“competent authority” means the Attorney General of Canada, the attorney general of a province or any person or authority with responsibility in Canada for the investigation or prosecution of offences.

“foreign public official” means

(a) a person who holds a legislative, administrative or judicial position of a foreign state;

(b) a person who performs public duties or functions for a foreign state, including a person employed by a board, commission, corporation or other body or authority that is established to perform a duty or function on behalf of the foreign state, or is performing such a duty or function; and

(c) an official or agent of a public international organization that is formed by two or more states or governments, or by two or more such public international organizations.

“foreign state” means a country other than Canada, and includes

(a) any political subdivision of that country;

(b) the government, and any department or branch, of that country or of a political subdivision of that country; and

(c) any agency of that country or of a political subdivision of that country.

“judge” means

(a) in Ontario, a judge of the Ontario Court (General Division),

(b) in Quebec, a judge of the Superior Court,

(c) in Prince Edward Island, a judge of the trial division of the Supreme Court,

(d) in New Brunswick, Manitoba, Alberta and Saskatchewan, a judge of the Court of Queen’s Bench,

(e) in Nova Scotia, British Columbia, Newfoundland, the Yukon Territory and the Northwest Territories, a judge of the Supreme Court, and

(f) in Nunavut, a judge of the Nunavut Court of Justice.

“justice” has the same meaning as in section 2 of the Criminal Code.

“offence” means an offence contrary to an Act of Parliament or any regulation made thereunder.

3. Before making a request to a foreign or international authority or organization for a search or seizure outside Canada for the purpose of an investigation of an offence, a competent authority shall apply to a judge or justice for an order authorizing the request.

4. (1) An application under section 3 shall be made to a judge or justice of a province in which the competent authority believes that the offence took place.

(2) Where the competent authority believes that an offence did not take place in a province, an application under section 3 may be made to a judge or justice of any province.

(3) An application under subsection (1) may be made ex parte.

5. Where a judge or justice to whom an application is made under section 3 is satisfied that the application meets the standards established under the Canadian Charter of Rights and Freedoms for authorization of a search or seizure in Canada in the same circumstances, the judge or justice may make an order authorizing the request to be made to a foreign public official or foreign state.