Which Province Has Jurisdiction?

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 204-207

204 Preliminary Matters / Jurisdiction / Territorial Jurisdiction

2.2(c)(i) Which Province Has Jurisdiction?

Only one province

More than

one province Any province

Oence was committed

entirely in one province1

and the accused is not

pleading guilty to a

non-s 469 oence.2

Oence is committed on

a bridge between two

provinces,3 within 500

metres of a boundary,

or is commenced in one

province and concluded in

another.4

Oence is committed in

a vehicle or on a vessel

that passed through the

province5 or during a flight

that commenced in, flew

over, or landed in the

province.6

Oence is related to mail

and the mail passed

through the province.7

Oence is publication

of defamatory libel —

prosecute either where

the publisher lives or

where the publication

occurred.8

Oence is against the

CDSA and the oence was

committed, the subject-

matter of the proceedings

arose, or the accused was

apprehended or happens

to be located in the

province.9

Oence is against the

Income Tax Act and

accused is resident,

carrying on business,

found, apprehended, or in

custody in province.10

Accused is pleading guilty

to a non-s 469 oence.2

Oence is committed in

a part of Canada not in a

province.11

Oence is committed in

territorial sea or internal

waters of Canada.12

Oence is committed

outside territory

of Canada but

extraterritorial jurisdiction

has been asserted by

statute.13

Oence is a terrorism

oence.14

Oence is against the

Security of Information

Act.15