Mutual Legal Assistance in Criminal Matters Act

Marginal note:Definitions

• 2 (1) In this Act,

  agreement

  agreement means

  • (a) a treaty, convention or other international agreement that is in force, to which Canada is a party and that contains a provision respecting mutual legal assistance in criminal matters, or

  • (b) to the extent of their application to criminal investigations or prosecutions and except for the purposes of Parts II and III of this Act, the Convention on Mutual Administrative Assistance in Tax Matters, concluded at Strasbourg on January 25, 1988, as amended from time to time by a protocol or other international instrument, as ratified by Canada, or a comprehensive tax information exchange agreement that has effect and to which Canada is a party or a tax treaty, as defined in subsection 248(1) of the Income Tax Act; (accord)

  competent authority

  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; (autorité compétente)

  data

  data means representations, including signs, signals or symbols, that are capable of being understood by an individual or processed by a computer system or other device; (données)

  foreign state

  foreign state[Repealed, 1999, c. 18, s. 97]

  International Criminal Court

  International Criminal Court means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act; (Cour pénale internationale)

  judge

  judge means

  • (a) in Ontario, a judge of the Superior Court of Justice,

  • (a.1) in Prince Edward Island, a judge of the trial division of the Supreme Court,

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

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

  • (d) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; (juge)

  Minister

  Minister means the Minister of Justice; (ministre)

  offence

  offence means an offence within the meaning of the relevant agreement; (infraction)

  record

  record means a medium on which data is registered or marked; (document)

  request

  request means a request for assistance presented pursuant to an agreement; (demande)

  state or entity

  state or entity means

  • (a) a state, a province, state or political subdivision of the state, or a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of the state, that is a party to an agreement with Canada, or

  • (b) an international criminal court or tribunal, the name of which appears in the schedule. (État ou entité)

  treaty

  treaty[Repealed, 1999, c. 18, s. 97]

• (2) [Repealed, 1999, c. 18, s. 97]