Law:Security Offences Act

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R.s.c., 1985, c. S-7

An Act respecting enforcement in relation to certain security and related offences

Short title

1. This Act may be cited as the Security Offences Act.

1984, c. 21, s. 56.

Powers of the Attorney General of Canada

2. Notwithstanding any other Act of Parliament, the Attorney General of Canada may conduct proceedings in respect of an offence under any law of Canada where

(a) the alleged offence arises out of conduct constituting a threat to the security of Canada within the meaning of the Canadian Security Intelligence Service Act, or

(b) the victim of the alleged offence is an internationally protected person within the meaning of section 2 of the Criminal Code,

and for that purpose the Attorney General of Canada may exercise all the powers and perform all the duties and functions assigned by or under the Criminal Code to the Attorney General.

1984, c. 21, s. 57.

Powers of Attorney General of a province

3. Subject to section 4, section 2 does not affect the authority of the Attorney General of a province to conduct proceedings in respect of an offence referred to in that section or to exercise any of the powers or perform any of the duties and functions assigned by or under the Criminal Code to the Attorney General.

1984, c. 21, s. 58.

Fiat of Attorney General of Canada

4. (1) Where the Attorney General of Canada believes that an offence referred to in section 2 has been committed in any province, the Attorney General of Canada may issue a fiat to that effect and may serve the fiat on the Attorney General of the province.

Effect of fiat

(2) Where a fiat issued pursuant to subsection (1) is served on the Attorney General of a province, the fiat establishes the exclusive authority of the Attorney General of Canada with respect to the conduct of any proceedings in respect of the offence described in the fiat.

1984, c. 21, s. 59.

Fiat filed in court

5. (1) Where proceedings are conducted by or on behalf of the Attorney General of Canada in respect of an offence in relation to which a fiat has been issued pursuant to subsection 4(1), the fiat or a copy thereof may be filed with the court in which the proceedings are conducted.

Fiat constitutes conclusive proof of facts stated therein

(2) A fiat or copy thereof purporting to have been issued pursuant to subsection 4(1) by the Attorney General of Canada that is filed with the court pursuant to subsection (1) is conclusive proof that proceedings in respect of the offence described in the fiat may be conducted by or on behalf of the Attorney General of Canada and is admissible in evidence without proof of the signature or official character of the Attorney General of Canada.

1984, c. 21, s. 60.

Role of RCMP

6. (1) Members of the Royal Canadian Mounted Police who are peace officers have the primary responsibility to perform the duties that are assigned to peace officers in relation to any offence referred to in section 2 or the apprehension of the commission of such an offence.

Arrangements

(2) To facilitate consultation and cooperation in relation to the carrying out of the duties assigned to the Royal Canadian Mounted Police under subsection (1), the Minister of Public Safety and Emergency Preparedness may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to the performance of duties assigned to peace officers in relation to any offence referred to in section 2 or the apprehension of the commission of such an offence.

R.S., 1985, c. S-7, s. 6; 2005, c. 10, s. 34.

Previous VersionReview of Act after five years

7. (1) After July 16, 1989, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons or of both Houses of Parliament as may be designated or established by Parliament for that purpose.

Report to Parliament

(2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as Parliament may authorize, submit a report on the review to Parliament including a statement of any changes the committee recommends.

1984, c. 21, s. 69.


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