Extraterritorial Jurisdiction over Offences

AuthorSteve Coughlan/Alex Gorlewski
Pages208-210
208 Preliminary Matters / Jurisdiction / Territorial Jurisdiction
2.2(c)(ii) Extraterritorial Jurisdiction over
Ofences
No jurisdiction over
the conduct
No
No
No
Jurisdiction over the
conduct
Yes
Yes
Yes
Did the conduct
occur entirely in
Canada?1
Is there a real and
substantial connection
between the conduct
and Canada?2
Does the Code
provide for
extraterritorial
jurisdiction over the
conduct?3
The basic principle of territoriality is that a person can only be guilty of an of-
fence that is committed within the geographic territory of Canada. Whether
an oence occurred “in Canada” is not an entirely straightforward question,
however. Further, the rule is subject to some explicit exceptions that make Ca-
nadian criminal law applicable extraterritorially in the case of some oences.
See, generally, the discussion in Steve Coughlan, Criminal Procedure, 3d ed (To-
ronto: Irwin Law, 2016) at ch 3, s B(2)(a), Extraterritoriality.
1. DID THE CONDUCT OCCUR ENTIRELY IN CANADA?
The basic rule of territoriality is reected in s 6(2) of the Criminal Code, RSC
1985, c C-46 [Code]:
Subject to this Act or any other Act of Parliament, no person shall be convict-
ed or discharged under section 730 of an oence committed outside Canada.

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