RCMP Mutual Legal Assistance: An Investigator's Guide to Seeking Assistance Through the Deprtment of Justice

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Mutual Legal Assistance: An Investigator's Guide to Seeking Assistance Through the Department of Justice

TABLE OF CONTENTS

Mutual Legal Assistance

Treaty Request Precedent
Non-treaty Request Precedent
List of Mutual Legal Assistance Treaties / Gazette Citations of the Treaties in Force
List of Signatories for the U.N. Convention
Treaty Between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters
Sample Affidavit under s. 30 of the Canada Evidence Act
Canada Evidence Act - Excerpt to insert in a Request

Forms:

Affidavit Supporting Ex Parte Application for an Order to Obtain Evidence in Canada
Information to Obtain a Search Warrant
Search Warrant
Report to Judge on Execution of Warrant

OFFICIAL REQUEST BY CANADA TO ______________________ FOR TREATY ASSISTANCE (TREATY ARTICLE _________ )

REQUEST FOR ASSISTANCE

1. Caution

All requests for assistance must contain a general caution and an abbreviated footnote caution. The suggested wording for the cautions are as follows:

a. For pre-charge cases

This Letter of Request is made to assist an ongoing police investigation being undertaken by a Canadian investigative agency. All information contained in this request is provided from the police investigation and consists of unproved allegations which the police investigators believe merit investigation. No charges have been laid and all persons named in this letter are presumed innocent under Canadian law. The consideration of charges will only take place at the conclusion of the investigation. All information in this request is confidential. All statements or information contained in this request must be read as a whole in the context of the investigative nature of this request.

All pre-charge requests must be identified as such in the request and the covering letter by the law enforcement officer submitting the request.

b. For post-charge cases

This Letter of Request is made to assist an ongoing police investigation by a Canadian investigative agency and/or to gather evidence for use in the corresponding criminal prosecution currently being conducted by the relevant Attorney-General's Office . All information contained in this request is provided from the police investigation and consists of unproved allegations. While charges have been laid, under Canadian law, those charged are presumed innocent until proven guilty. All information in this request is confidential. All statements or information contained in this request must be read as a whole in the context of the investigation nature of this request.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

2. Introduction

The (set out the name of the competent prosecuting and/or investigating competent authority i.e. Attorney General of Canada, Attorney General of Ontario, Metropolitan Toronto Police Force, the RCMP, the Ontario Provincial Police, etc.) is investigating alleged violations of Canadian criminal laws, namely: (set out the offences , i.e. fraud, forgery, drug trafficking, money laundering, etc.) , contrary to section(s) of the (identify the relevant legislation and provisions i.e. s. 354 of the Criminal Code of Canada, s. 5 of the Narcotic Control Act). These violations are alleged to have been committed by (identify as precisely as possible the subjects of the investigation or prosecution, including: name, date of birth, address, etc.)

In relation to this investigation,(identify the competent authority) requires assistance (briefly describe nature of evidence requested i.e. obtaining certified copies of documents; taking statements; obtaining telephone toll records etc.) This assistance is required because (describe, generally, why evidence is needed i.e. as evidence for use in the anticipated prosecution, to identify alleged co-conspirators, to trace the proceeds of the alleged criminal activity, etc.)

3. Summary of the Law

In this section, identify and set out the full text of all relevant provisions under investigation and/or prosecution

For example:The relevant Canadian statutory provisions are set out below.

Fraud: Section 380 of the Criminal Code of Canada states that:

Canada has jurisdiction over the offences described in this Summary of Law and the treaty between the Government of Canada and the Government on mutual legal assistance in criminal matters applies to these offences.

4. Summary of Investigation and Allegations

This section should briefly describe the theory of the case, that is the nature of the investigation or proceedings and a summary of the relevant allegations.

The summary should clearly convey the investigatory nature of the request. Care should be taken to ensure that the request does not contain statements that are inconsistent with the investigatory nature of the request, in particular, statements which might erroneously suggest that conclusions or findings of guilt have been made by any Canadian authorities.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

This section should include the following information:

a. where possible, the identity, nationality and location of proposed witnesses;
b. in the case of requests to take evidence from a person, a clear indication of whether the person is a subject of the investigation or simply a witness;
c. in the case of requests to take evidence from a person, a clear indication of the reason the evidence is relevant to your investigation;
d. where documentary evidence is requested, a clear indication of the relevance of the evidence sought to your investigation;
e. when the execution of a search warrant is requested, the reason that this measure is required should be clearly conveyed; and
f. if you are asking for the restraint of funds you believe represent proceeds of crime, ensure that your reasonable basis for believing that these funds constitute proceeds of crime is set out in the request. For instance, it is not sufficient to simply ask for the restraint of all accounts related to a person who is under investigation; you must demonstrate a nexus between the foreign account/assets and the alleged criminal activity.

5. Request Portion

The competent authority [ insert name of competent authority] requires the following assistance:

This section should set out, in specific terms, exactly what you are seeking to obtain, including certification needs.

a. where documentary evidence is requested, to the extent possible, identify the particular documents sought (ie: signature cards, account opening statements, etc.);
b. where necessary, set out the details of any particular procedure or requirement that the you wish to be followed and reasons i.e. if you would like the foreign authority to authenticate/certify the copies of the bank records in accordance with the requirements of s. 30 of the Canada Evidence Act, you must append a draft "fill-in-the-blank" affidavit/certificate for their use;
c. in the case of requests to take evidence from a person, clearly
- describe the subject matter of the evidence or statement sought (please feel free to provide a list of specific questions); and
- include instructions as to whether sworn or affirmed statements are required.
- specify whether Canadian investigators/prosecutors wish to be in attendance and participate in the questioning, to the extent permitted, and set out why their attendance is necessary and/or desired.
d. if you are asking to have search warrants executed, identify precisely the location to be searched and the evidence to be seized;
e. if you are asking for the transfer of a detained prisoner, your request should clearly identify the prisoner's place of incarceration, provide some detail about the sentence being served, identify any security concerns, set out the logistics of the prisoner's entry and exit from Canada and specify the length of the prisoner's stay in order that the Minister of Justice can prepare the Ministerial approval for entry into Canada required under the Immigration Act.
In making your request, allow for the time required both in Canada and the foreign State to arrange the logistics of transfer and obtain the necessary orders, i.e. 4-5 weeks notice. In setting out the anticipated time frame for the prisoner's attendance in Canada, please keep in mind the exigencies of the trial process and give yourself a little leeway: altering the return date creates the need for new Ministerial approvals in Canada and new authorizations for absences in some foreign jurisdictions. As well, keep in mind that you must provide the foreign State with the prisoner's written consent; this should accompany the request. Please note that young offenders cannot be transferred.
f. where the restraint of assets is sought, please restrict yourself to asking for the restraint of assets demonstrated (....with respect to which there is a reasonable basis to believe,...) to represent the proceeds of crime;
All information contained in this request is provided from the police investigation and consists of unproved allegations.
g. where you ask for real evidence, please specify if any analysis will be done and specify commitment, if any, to returning the evidence;
h. if you are asking a foreign State to lend you exhibits from their judicial proceedings; please provide as much detail as possible concerning the current location of the exhibits (i.e. the address of the courthouse or police station) and the proceedings in which they were used (i.e. court file number).

6. Time Constraints

Please identify any time limit within which compliance with the request is desired and the reason for the time constraints. If you face limitation periods, please set out the precise dates and indicate this in the cover letter, as well.

7. Confidentiality

The need and the reasons for confidentiality should be expressly set out.

All requests for assistance to and from Canada are confidential State-to-State communications. However, practically speaking, it is recognized that the process of executing the request in the foreign country may require its disclosure. For instance, a copy of the request may be filed in open court in support of an application to gather evidence or the request may be provided to those from whom evidence is requested. Particularly sensitive requests should be identified when submitted to the International Assistance Group, so that confidentiality concerns can be discussed.

Contact Names

In order to expedite the execution of your request, you should include the names and contact numbers for key Canadian and foreign law enforcement/prosecution authorities familiar with the file. You should include your name and contact number in the event the foreign authority wishes to contact you for the purpose of clarification or obtaining additional information.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

Dated at Ottawa, Ontario, this of _______________________

LETTER OF REQUEST BY CANADA TO THE COMPETENT AUTHORITY OF ______________ REQUEST FOR ASSISTANCE

1. Caution

All requests for assistance must contain a general caution and an abbreviated footnote caution. The suggested wording for the cautions are as follows

All information contained in this request is provided from the police investigation and consists of unproved allegations.

All pre-charge requests must be identified as such in the request and the covering letter by the law enforcement officer submitting the request.

b. For post-charge cases

This Letter of Request is made to assist an ongoing police investigation by a Canadian investigative agency and/or to gather evidence for use in the corresponding criminal prosecution currently being conducted by the relevant Attorney-General's Office . All information contained in this request is provided from the police investigation and consists of unproved allegations. While charges have been laid under Canadian law those charged are presumed innocent until proven guilty. All information in this request is confidential. All statements or information contained in this request must be read as a whole in the context of the investigative nature of this request.

2. Introduction

The (set out the name of the competent prosecuting and/or investigating competent authority i.e. Attorney General of Canada, Attorney General of Ontario, Metropolitan Toronto Police Force, the RCMP, the Ontario Provincial Police, etc.) is investigating alleged violations of Canadian criminal laws, namely: (set out the offences , i.e. fraud, forgery, drug trafficking, money laundering, etc ) , contrary to section(s) of the (identify the relevant legislation and provisions i.e. s. 354 of the Criminal Code of Canada, s. 5 of the Narcotic Control Act). These violations are alleged to have been committed by (identify as precisely as possible the subjects of the investigation or prosecution, including: name, date of birth, address, etc.)

All information contained in this request is provided from the police investigation and consists of unproved allegations.

3. Assurance

On behalf of the Government of Canada, I give the assurance to the Competent Legal Authority of ________________________ that:

a. In similar criminal investigations or prosecutions Canada will extend to ___________________ reciprocal cooperation and is ready and willing to render assistance to ______________________ in accordance with the law of Canada; and
b. All information, documentation or other evidence provided to Canada by the Competent Legal Authority of ________________________ is requested solely for use in relation to the investigation or prosecution of alleged violations of Canadian criminal law by (name of suspects) described in this request.
In relation to this investigation, (identify the competent authority) requires assistance (briefly describe nature of evidence requested i.e. obtaining certified copies of documents; taking statements; obtaining telephone toll records etc.) This assistance is required because (describe, generally, why evidence is needed i.e. as evidence for use in the anticipated prosecution, to identify alleged co-conspirators, to trace the proceeds of the alleged criminal activity, etc.)

4. Summary of the Law

In this section, identify and set out the full text of all relevant provisions under investigation and/or prosecution

i.e. The relevant Canadian statutory provisions are set out below.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

Fraud: Section 380 of the Criminal Code of Canada states that:

5. Summary of Investigation and Allegations

This section should briefly describe the theory of the case, that is the nature of the investigation or proceedings and a summary of the relevant allegations.

Care should be taken to ensure that the request does not contain statements that are inconsistent with the investigatory nature of the request, in particular, statements which might erroneously suggest that conclusions or findings of guilt ha The summary should clearly convey the investigatory nature of the request ve been made by any Canadian authorities.

This section should include the following information:

a. where possible, the identity, nationality and location of proposed witnesses;
b. in the case of requests to take evidence from a person, a clear indication of whether the person is a subject of the investigation or simply a witness;
c. in the case of requests to take evidence from a person, a clear indication of the reason the evidence is relevant to your investigation;
All information contained in this request is provided from the police investigation and consists of unproved allegations.
d. where documentary evidence is requested, a clear indication of the relevance of the evidence sought to your investigation;
e. when the execution of a search warrant is requested, the reason that this measure is required should be clearly conveyed; and
f. if you are asking for the restraint of funds you believe represent proceeds of crime, ensure that your reasonable basis for believing that these funds constitute proceeds of crime is set out in the request. For instance, it is not sufficient to simply ask for the restraint of all accounts related to a person who is under investigation; you must demonstrate a nexus between the foreign account/assets and the alleged criminal activity.

6. Request Portion

The competent authority [ insert name of competent authority] requires the following assistance:

a. This section should set out, in specific terms, exactly what you are seeking to obtain, including certification needs.
b. where documentary evidence is requested, to the extent possible, identify the particular documents sought (ie: signature cards, account opening statements, etc.);
where necessary, set out the details of any particular procedure or requirement that the you wish to be followed and reasons i.e. if you would like the foreign authority to authenticate/certify the copies of the bank records in accordance with the requirements of s. 30 of the Canada Evidence Act, you must append a draft "fill-in-the-blank" affidavit/certificate for their use;

All information contained in this request is provided from the police investigation and consists of unproved allegations.

c. in the case of requests to take evidence from a person, clearly
- describe the subject matter of the evidence or statement sought (please feel free to provide a list of specific questions); and
- include instructions as to whether sworn or affirmed statements are required.
- specify whether Canadian investigators/prosecutors wish to be in attendance and participate in the questioning, to the extent permitted, and set out why their attendance is necessary and/or desired.
d. if you are asking to have search warrants executed, identify precisely the location to be searched and the evidence to be seized;
e. where the restraint of assets is sought, please restrict yourself to asking for the restraint of assets demonstrated (....with respect to which there is a reasonable basis to believe,...) to represent the proceeds of crime;
f. where you ask for real evidence, please specify if any analysis will be done and specify commitment, if any, to returning the evidence;

7. Time Constraints

All information contained in this request is provided from the police investigation and consists of unproved allegations.

Please identify any time limit within which compliance with the request is desired and the reason for the time constraints. If you face limitation periods, please set out the precise dates and indicate this in the cover letter, as well.

8. Confidentiality

The need and the reasons for confidentiality should be expressly set out.

Contact Names

All information contained in this request is provided from the police investigation and consists of unproved allegations.

Dated at Ottawa, Ontario, this of _________________________

MUTUAL LEGAL ASSISTANCE TREATIES STATUS

Mutual Legal Assistance Treaties In force:

Bilaterals

Canada/Austria (December 1, 1997) 1997 Canada Gazette Part I, p. 3889 (Vol. 131, No.52)
Canada/Australia (March 14, 1990) 1990 Canada Gazette Part I, p. 1582
Canada/Bahamas (July 10, 1990) 1990 Canada Gazette Part I, p. 3074
Canada/China (July 1, 1995) 1995 Canada Gazette Part I, p. 2866
Canada/France (May 1, 1991) 1991 Canada Gazette Part I, p. 1840
Canada/Hungary (September 1, 1996) 1996 Canada Gazette Part I p.2925 (Vol. 130, No. 41)
Canada/India (October 25, 1995) 1995 Canada Gazette, Part I p.4028
Canada/Italy (December 1, 1995) 1996 Canada Gazette, Part I p. 159 (vol 130, No. 30)
Canada/Korea (February 1, 1995) 1995 Canada Gazette, Part I, p. 442 (Vol. 129, No. 12)
Canada/Mexico (October 21, 1990) 1990 Canada Gazette Part I, p. 4319
Canada/Netherlands (May 1, 1992) 1992 Canada Gazette Part I, p. 1477
Canada/Norway (January 14, 1999) 1999 Canada Gazette, Part I p. 293 (Vol. 133, No.6)
Canada/Poland (July 1, 1997) 1997 Canada Gazette, Part I p. 2060 (Vol. 131, No. 29)
Canada/Spain (March 3, 1995) 1995 Canada Gazette, Part I, p. 848 (Vol. 129, No. 12)
Canada/Switzerland (November 17, 1995) 1995 Canada Gazette, Part I p. 4183
Canada/Thailand (October 3, 1994) 1994 Canada Gazette Part I, p. 4260 (Vol. 128, No.43)
Canada/Ukraine (March 1, 1999) 1999 Canada Gazette, Part I, p. 762 (Vol. 133, No. 12)
Canada/United Kingdom - (September 17, 1993) 1993 Canada Gazette Part I, p. 3458 (Vol.127, No. 46)
Canada/United States (January 24, 1990) 1990 Canada Gazette Part I, p. 953

Multilaterals

InterAmerican Convention on Mutual Legal Assistance in Criminal Matters (July 3, 1996) 1996 Canada Gazette Part I, p.2483 (Vol. 130, No. 35)

United Nations Covention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (December 19, 1988) 1991 Canada Gazette Part I, p. 10 (Vol. 125, No. 1)

Sharing Agreements In Force:

Canada/Jamaica
Canada/Kenya
Canada/Trinidad and Tobago
Canada United States

Signed Mutual Legal Assistance Treaties:

Canada/Belgium (January 11, 1996)
Canada/Brazil (January 27, 1995)
Canada/Czechoslovakia (November 3, 1997)
Canada/Greece (July 14,1998)
Canada/Jamaica (June 3, 1999)
Canada/Peru (October 27, 1998
Canada/Portugal (June 24, 1997)
Canada/Romania (May 25, 1998)
Canada Russia (October 20, 1997)
Canada/Trinidad & Tobago (September 4, 1997)
Canada/Uruguay (July 11, 1996)

Mutual Legal Assistance Treaties Under Negotiation:

Canada/Antigua
Canada/Argentina
Canada/Denmark
Canada/Federal Republic of Germany
Canada/Israel
Canada/Jamaica
Canada/Kazakstan
Canada/Pakistan
Canada/Panama
Canada/Sweden
Canada/Turkey
Canada/Turks and Caicos
Canada/Venezuela
Canada/Vietnam

United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances Concluded at Vienna on 20 December 1988

ENTRY INTO FORCE: 11 November 1990, in accordance with article 29 (1).
REGISTRATION: 11 November 1990, No. 27627.

Participant Signature Ratification, accession (a),
acceptance (A), approval (AA),
formal confirmation (C), succession (d)

LIST OF SIGNATORIES FOR THE U.N. CONVENTION

STATUS: Signatories: 88. Parties: 152.

Afghanistan 20 Dec 1988 14 Feb 1992
Algeria 20 Dec 1988 9 May 1995
Antigua and Barbuda 5 Apr 1993 a
Argentina 20 Dec 1988 28 Jun 1993
Armenia 13 Sep 1993 a
Australia 14 Feb 1989 16 Nov 1992
Austria 25 Sep 1989 11 Jul 1997
Azerbaijan 22 Sep 1993 a
Bahamas 20 Dec 1988 30 Jan 1989
Bahrain 28 Sep 1989 7 Feb 1990
Bangladesh 14 Apr 1989 11 Oct 1990
Barbados 15 Oct 1992 a
Belarus 27 Feb 1989 15 Oct 1990
Belize 24 Jul 1996 a
Belgium 22 May 1989 25 Oct 1995
Benin 23 May 1997 a
Bhutan 27 Aug 1990 a
Bolivia 20 Dec 1988 20 Aug 1990
Bosnia and Herzegovina 1 Sep 1993 d
Botswana 13 Aug 1996 a
Brazil 20 Dec 1988 17 Jul 1991
Brunei Darussalam 26 Oct 1989 12 Nov 1993
Bulgaria 19 May 1989 24 Sep 1992
Burkina Faso 2 Jun 1992 a
Burundi 18 Feb 1993 a
Cameroon 27 Feb 1989 28 Oct 1991
Canada 20 Dec 1988 5 Jul 1990
Cape Verde 8 May 1995 a
Chad 9 Jun 1995 a
Chile 20 Dec 1988 13 Mar 1990
China 20 Dec 1988 25 Oct 1989
Colombia 20 Dec 1988 10 Jun 1994
Costa Rica 25 Apr 1989 8 Feb 1991
Côte d'Ivoire 20 Dec 1988 25 Nov 1991
Croatia 26 Jul 1993 d
Cuba 7 Apr 1989 12 Jun 1996
Cyprus 20 Dec 1988 25 May 1990
Czech Republic2 30 Dec 1993 d
Democratic Republic of the Congo 20 Dec 1988
Denmark 20 Dec 1988 19 Dec 1991
Dominica 30 Jun 1993 a
Dominican Republic 21 Sep 1993 a
Ecuador 21 Jun 1989 23 Mar 1990
Egypt 20 Dec 1988 15 Mar 1991
El Salvador 21 May 1993 a
Ethiopia 11 Oct 1994 a
European Community 8 Jun 1989 31 Dec 1990 C
Fiji 25 Mar 1993 a
Finland 8 Feb 1989 15 Feb 1994 A
France 13 Feb 1989 31 Dec 1990 AA
Gabon 20 Dec 1989
Gambia 23 Apr 1996 a
Georgia 8 Jan 1998 a
Germany3 19 Jan 1989 30 Nov 1993
Ghana 20 Dec 1988 10 Apr 1990
Greece 23 Feb 1989 28 Jan 1992
Grenada 10 Dec 1990 a
Guatemala 20 Dec 1988 28 Feb 1991
Guinea 27 Dec 1990 a
Guinea-Bissau 27 Oct 1995 a
Guyana 19 Mar 1993 a
Haiti 18 Sep 1995 a
Holy See 20 Dec 1988
Honduras 20 Dec 1988 11 Dec 1991
Hungary 22 Aug 1989 15 Nov 1996
Iceland 2 Sep 1997 a
India 27 Mar 1990 a
Indonesia 27 Mar 1989
Iran (Islamic Republic of) 20 Dec 1988 7 Dec 1992
Iraq 22 Jul 1998 a
Ireland 14 Dec 1989 3 Sep 1996
Israel 20 Dec 1988
Italy 20 Dec 1988 31 Dec 1990 AA
Jamaica 2 Oct 1989 29 Dec 1995
Japan 19 Dec 1989 12 Jun 1992
Jordan 20 Dec 1988 16 Apr 1990
Kazakhstan 29 Apr 1997 a
Kenya 19 Oct 1992 a
Kuwait 2 Oct 1989
Kyrgyzstan 7 Oct 1994 a
Latvia 24 Feb 1994 a
Lebanon 11 Mar 1996 a
Lesotho 28 Mar 1995 a
Libyan Arab Jamahiriya 22 Jul 1996 a
Lithuania 8 Jun 1998 a
Luxembourg 26 Sep 1989 29 Apr 1992
Madagascar 12 Mar 1991 a
Malawi 12 Oct 1995 a
Malaysia 20 Dec 1988 11 May 1993
Maldives 5 Dec 1989
Mali 31 Oct 1995 a
Malta 28 Feb 1996 a
Mauritania 20 Dec 1988 1 Jul 1993
Mauritius 20 Dec 1988
Mexico 16 Feb 1989 11 Apr 1990
Monaco 24 Feb 1989 23 Apr 1991
Morocco 28 Dec 1988 28 Oct 1992
Mozambique 8 Jun 1998 a
Myanmar 11 Jun 1991 a
Nepal 24 Jul 1991 a
Netherlands4 18 Jan 1989 8 Sep 1993 A
New Zealand 18 Dec 1989 16 Dec 1998
Nicaragua 20 Dec 1988 4 May 1990
Niger 10 Nov 1992 a
Nigeria 1 Mar 1989 1 Nov 1989
Norway 20 Dec 1988 14 Nov 1994
Oman 15 Mar 1991 a
Pakistan 20 Dec 1989 25 Oct 1991
Panama 20 Dec 1988 13 Jan 1994
Paraguay 20 Dec 1988 23 Aug 1990
Peru 20 Dec 1988 16 Jan 1992
Philippines 20 Dec 1988 7 June 1996
Poland 6 Mar 1989 26 May 1994
Portugal 13 Dec 1989 3 Dec 1991
Qatar 4 May 1990 a
Republic of Korea 28 Dec 1998 a
Republic of Moldova 15 Feb 1995 a
Romania 21 Jan 1993 a
Russian Federation 19 Jan 1989 17 Dec 1990
Saint Kitts and Nevis 19 Apr 1995 a
Saint Lucia 21 Aug 1995 a
Saint Vincent and the Grenadines 17 May 1994 a
Sao Tome and Principe 20 Jun 1996 a
Saudi Arabia 9 Jan 1992 a
Senegal 20 Dec 1988 27 Nov 1989
Seychelles 27 Feb 1992 a
Sierra Leone 9 Jun 1989 6 Jun 1994
Singapore 23 Oct 1997 a
Slovakia2 28 May 1993 d
Slovenia 6 Jul 1992 d
South Africa 14 Dec 1998 a
Spain 20 Dec 1988 13 Aug 1990
Sri Lanka 6 Jun 1991 a
Sudan 30 Jan 1989 19 Nov 1993
Suriname 20 Dec 1988 28 Oct 1992
Swaziland 3 Oct 1995 a
Sweden 20 Dec 1988 22 Jul 1991
Switzerland 16 Nov 1989
Syrian Arab Republic 3 Sep 1991 a
Tajikistan 6 May 1996 a
The former Yugoslav Republic of Macedonia 13 Oct 1993 a
Togo 3 Aug 1989 1 Aug 1990
Tonga 29 Apr 1996 a
Trinidad and Tobago 7 Dec 1989 17 Feb 1995
Tunisia 19 Dec 1989 20 Sep 1990
Turkey 20 Dec 1988 2 Apr 1996
Turkmenistan 21 Feb 1996 a
Uganda 20 Aug 1990 a
Ukraine 16 Mar 1989 28 Aug 1991
United Arab Emirates 12 Apr 1990 a
United Kingdom1, 5 20 Dec 1988 28 Jun 1991
United Republic of Tanzania 20 Dec 1988 17 Apr 1996
United States of America 20 Dec 1988 20 Feb 1990
Uruguay 19 Dec 1989 10 Mar 1995
Uzbekistan 24 Aug 1995 a
Venezuela 20 Dec 1988 16 Jul 1991
Viet Nam 4 Nov 1997 a
Zambia 9 Feb 1989 28 May 1993
Zimbabwe 30 Jul 1993 a

LIST OF SIGNATORIES FOR THE INTER-AMERICAN CONVENTION ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

Canada
Peru
Venezuela

TAB 5

CANADA TREATY BETWEEN THE THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA, ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
DESIRING to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime through cooperation and mutual assistance in law enforcement matters,

HAVE AGREED AS FOLLOWS:

ARTICLE I - DEFINITIONS

For the purposes of this Treaty,

"Central Authority" means

a. for Canada, the Minister of Justice or officials designated by him;
b. for the United States of America, the Attorney General or officials
designated by him:

"Competent Authority" means any law enforcement authority with responsibility for matters related to the investigation or prosecution of offenses:

"Offence" means

a. for Canada, an offence crested by a law of Parliament that may be prosecuted upon indictment, or an offense created by the Legislature of a Province specified in the Annex:
b. for the United States, an offense for which the statutory penalty is a term of imprisonment of one year or more, or an offense specified in the Annex:

"Public Interest" means any substantial interest related to national security or other essential public policy:

"Request" means a request made under this Treaty.

ARTICLE II - SCOPE OF APPLICATION

1. The Parties shall provide, in accordance with the provisions of this Treaty, mutual legal assistance in all matters relating to the investigation, prosecution and suppression of offenses.

2. Assistance shall include;

a. examining objects and sites;
b. exchanging information and object;
c. locating or identifying persons;
d. serving documents;
e. taking the evidence of persons;
f. providing documents and records;
g. transferring persons in custody;
h. executing requests for searches and seizures.

3. Assistance shall be provided without regard to whether the conduct under investigation or prosecution in the Requesting State constitutes an offence or may be prosecuted by the Requested State.

4. This Treaty is intended solely for mutual legal assistance between the Parties. The provisions of this Treaty shall not give rise to a right on the part of a private party to obtain, suppress or exclude any evidence or to impede the execution of a request.

ARTICLE III - OTHER ASSISTANCE

1. The Parties, including their competent authorities, nay provide assistance pursuant to other agreements arrangements or practices.

2. The Central Authorities nay agree, in exceptional circumstances, to provide assistance pursuant to this Treaty in respect of illegal acts that do not constitute an offense within the definition of offence in Article I.

ARTICLE IV - OBLIGATION TO REQUEST ASSISTANCE

1. A Party seeking to obtain documents, records or other articles known to be located in the territory of the other Party shall request assistance pursuant to the provisions of this Treaty, except as otherwise agreed pursuant to Article lII(l).

2. Where denial of a request or delay in its execution may jeopardize successful completion of an investigation or prosecution, the Parties shall promptly consult, at the instance of either Party, to consider alternative means of assistance.

3. Unless the Parties otherwise agree, the consultations shall be considered terminated 30 days after they have been requested, and the Parties' obligations under this Article shall then be deemed to have been fulfilled.

ARTICLE V - LIMITATIONS ON COMPLIANCE

1. The Requested State may deny assistance to the extent that

a. the request is not made in conformity with the provisions of this Treaty; or
b. execution of the request is contrary to its public interest, as determined by its Central Authority.

2. The Requested State say postpone assistance if execution of the request would interfere with an ongoing investigation or prosecution in the Requested State.

3. Before denying or postponing assistance pursuant to this Article, the Requested State, through its Central Authority,

a. shall promptly inform the Requesting State of the reason for considering denial or postponement: and
b. shall consult with the Requesting State to determine whether assistance may be given subject to such terms and conditions as the Requested State deems necessary.

4. If the Requesting State accepts assistance subject to the terms and conditions referred to in paragraph 3(b), it shall comply with said terms and conditions.

ARTICLE VI - REQUESTS

1. Requests shall be made by the Central Authority of the Requesting State directly to the Central Authority of the Requested State.

2. Requests shall be made in writing where compulsory process is required in the Requested State or where otherwise required by the Requested State. In urgent circumstances, such requests may be made orally, but shall be confirmed in writing forthwith.

3. A request shall contain such information as the Requested State requires to execute the request, including

a. the name of the competent authority conducting the investigation or proceeding to which the request relates;
b. the subject matter and nature of the investigation or proceeding to which the request relates;
c. a description of the evidence, information or other assistance sought;
d. the purpose for which the evidence, information or other assistance is sought, and any time limitations relevant thereto; and
e. requirements for confidentiality.

4. The Courts of the Requesting State shall be authorized to order lawful disclosure of such information as is necessary to enable the Requested State to execute the request.

5. The Requested State shall use its best efforts to keep confidential a request and its contents except when otherwise authorized by the Requesting State.

ARTICLE VII - EXECUTION OF REQUESTS

1. The Central Authority of the Requested State shall promptly execute the request or, when appropriate, transmit it to the competent authorities, who shall make best efforts to execute the request. The Courts of the Requested State shall have jurisdiction to issue subpoenas, search warrants or other orders necessary to execute the request.

2. A request shall be executed in accordance with the law of the Requested State and, to the extent not prohibited by the low of the Requested State, in accordance with the dissections stated in the request.

ARTICLE VIII - COSTS

1. The Requested State shall assume all ordinary expenses of executing a request within its boundaries, except

a. fees of experts;
b. expenses of translation and transcription; and
c. travel and incidental expenses of persons travelling to the Requested State to attend the execution of a request.

2. The Requesting State shall assume all ordinary expenses required to present evidence from the Requested State in the Requesting State, including

a. travel and incidental expenses of witnesses travelling to the Requesting State, including those of accompanying officials: and
b. fees of experts.

3. If during the execution of the request it becomes apparent that expenses of an extraordinary nature are required to fulfill the request, the Parties shall consult to determine the terms and conditions under which the execution of the request may continue.

4. The Parties shall agree, pursuant to Article XVIII, on practical measures as appropriate for the reporting and payment of costs in conformity with this Article.

ARTICLE IX - LIMITATIONS OF USE

1. The Central Authority of the Requested State may require, after consultation with the Central Authority of the Requesting State, that information or evidence furnished be kept confidential or be disclosed or used only subject to terms and conditions it may specify.

2. The Requesting State shall not disclose or use information or evidence furnished for purposes other than those stated in the request without the prior consent of the Central Authority of the Requested State.

3. Information or evidence trade public in the Requesting State in accordance with paragraph 2 may be used for any purpose.

ARTICLE X - LOCATION OR IDENTITY OF PERSONS

The competent authorities of the Requested State shall make best efforts to ascertain the location and identity of persons specified in the request.

ARTICLE XI - SERVICE OF DOCUMENTS

1. The Requested State shall serve any document transmitted to it for the purpose of service.

2. The Requesting State shall transmit a request for the service of a document pertaining to a response or appearance in the Requesting State within a reasonable time before the scheduled response or appearance.

3. A request for the service of a document pertaining to an appearance in the Requesting State shall include such notice as the Central Authority of the Requesting State is reasonably able to provide of outstanding warrants or other judicial orders in criminal matters against the person to be served.

4. The Requested State shall return a proof of service in the manner required by the Requesting State or in any manner agreed upon pursuant to Article XVIII.

ARTICLE XII - TAKING OF EVIDENCE IN THE REQUESTED STATE

1. A person requested to testify and produce documents, records or other articles in the Requested State may be compelled by subpoena or order to appear and testify and produce such documents, records and other articles, in accordance with the requirements of the law of the Requested State.

2. Every person whose attendance is requited for the purpose of giving testimony under this Article is entitled to such fees and allowances as may be provided for by the law of the Requested State.

ARTICLE XIII - GOVERNMENT DOCUMENTS AND RECORDS

1. The Requested State shall provide copies of publicly available documents and records of government departments and agencies.

2. The Requested State may provide copies of any document, record or information in the possession of a government department or agency, but not publicly available, to the same extent and under the same conditions as would be available to its own law enforcement and judicial authorities.

ARTICLE XIV - CERTIFICATION AND AUTHENTICATION

1. Copies of documents and records provided under Article XII or Article XIII shall be certified or authenticated in the manner required by the Requesting State or in any manner agreed upon pursuant to Article XVIII.

2. No document or record otherwise admissible in evidence in the Requesting State, certified or authenticated under paragraph 1, shall require further certification or authentication.

ARTICLE XV - TRANSFER OF PERSONS IN CUSTODY

1. A person in custody in the Requested State whose presence is requested in the Requesting State for the purposes of thick Treaty shall be transferred from the Requested State to the Requesting State for that purpose, provided the person in custody consents and the Requested State has no reasonable basis to deny the request.

2. The Requesting State shall have the authority and duty to keep the person in custody at all times and return the person to the custody of the Requested State immediately after the execution of the request.

ARTICLE XVI - SEARCH AND SEIZURE

1. A request for search and seizure shall be executed in accordance with the requirements of the law of The Requested State.

2. The competent authority that has executed a request for search and seizure shall provide such certifications as may be required by the Requesting State concerning, but not limited to, the circumstances of the seizure, identity of the item seized and integrity of its condition, and continuity of possession thereof.

3. Such certifications may be admissible in evidence in a judicial proceeding in the Requesting State as proof of the truth of the matters certified therein, in accordance with the law of the Requesting State.

4. No item seized shall be provided to the Requesting State until that State has agreed to such terms and conditions as may be required by the Requested State to protect third party interests in the item to be transferred.

ARTICLE XVII - PROCEEDS OF CRIME

1. The central Authority of either Party shall notify the Central Authority of the other Party of proceeds of crime believed to be located in the territory of the other Party.

2. The Parties shall assist each other to the extent permitted by their respective laws in proceedings related to the forfeiture of the proceeds of crime, restitution to the victims of crime, and the collection of fines imposed as a sentence in a criminal prosecution.

ARTICLE XVIII - IMPROVEMENT OF ASSISTANCE

1. The Parties agree to consult as appropriate to develop other specific agreements or arrangements, formal no informal.

2. The Parties may agree on such practical measures as may be necessary to facilitate the implementation of this Treaty.

ARTICLE XIX - RATIFICATION AND ENTRY INTO FORCE

1. This Treaty shall be ratified, and the instruments of ratification shall be exchanged at Washington, D.C., as soon as possible.

2. This Treaty shall enter into force upon the exchange of instruments of ratification.

ARTICLE XX - TERMINATION

Either Party may terminate this Treaty by giving written notice to the other Party at any time. Termination shall become effective six months after receipt of such notice.

ANNEX

The definition of offence includes offences created by the Legislature of a Province of Canada or offenses under the law of the United States in the following categories:

1. securities;
2. wildlife protection;
3. environmental protection; and
4. consumer protection.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

DONE in duplicate, in the English and French, each language version being equally authentic, at Quebec City, this 18th day of March,1985.

FOR THE GOVERNMENT OF CANADA
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

SAMPLE AFFIDAVIT UNDER S. 30 OF THE CANADA EVIDENCE ACT

AFFID1.DOC

The following form is to be used where original documents or records are attached. The form below describes the information to be inserted. The required information may actually be inserted on the accompanying "blank" form attached.

AFFIDAVIT with respect to ORIGINAL RECORDS

(Section 30, Canada Evidence Act)

I, (insert name), knowing that I may be prosecuted under the laws of the (name of country) for intentionally making a false statement or affidavit, MAKE OATH AND SAY AS FOLLOWS:

1. I am employed by (insert name of the company or bank) (hereinafter "the Company" or "the Bank"). I am employed as (title), and by virtue of that employment have knowledge of the matters hereinafter set out.

2. Attached to this my Affidavit are original documents or records maintained by the [Company/Bank] in the usual and ordinary course of business.

3. The attached records or documents were created in the ordinary course of the business of the [Company/Bank] by persons who at the time of the making of the entry or record or document had knowledge of the circumstances or events set out therein.

4. The attached records or documents were made at or near the time of the circumstances or events set out therein by persons who were under a duty to accurately record the circumstances or events.

5. I believe the attached records or documents to be accurate.

Sworn before me this day)___________________of (month), 199 at the City of Affiant (city) in the (name of country)
(Insert name and qualifications of individual with authority to take sworn declarations or statements, and position.

n.b.: In addition to the usual consular officials, a judicial official in a foreign jurisdiction is also authorized by the Canada Evidence Act to receive this affidavit by signing on the line immediately above, provided the official is authorized to administer, take or receive an oath, affidavit, declaration, etc. in the same foreign jurisdiction.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

AFFID2.DOC

AFFIDAVIT with respect to ORIGINAL RECORDS

(Section 30, Canada Evidence Act)
I, ____________________________, knowing that I may be prosecuted under the laws of for intentionally making a false statement or affidavit, MAKE OATH AND SAY AS FOLLOWS:

1. I am employed by ______________________________________ (hereinafter, _______________ ). I am employed as ______________________________, and by virtue of that employment have knowledge of the matters hereinafter set out.
2. Attached to this my Affidavit are original documents or records maintained by the ______________________ in the usual and ordinary course of business.
3. The attached records or documents were created in the ordinary course of the business of the _________________ by persons who at the time of the making of the entry or record or document had knowledge of the circumstances or events set out therein.
4. The attached records or documents were made at or near the time of the circumstances or events set out therein by persons who were under a duty to accurately record the circumstances or events.
5. I believe the attached records or documents to be accurate.
Sworn before me this day)___________________________ of ____________, 199 at the City of )Affiant _______________ in.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

AFFID3.DOC

The following form is to be used (together with a form attesting the authenticity of the copy) where it is impossible or not reasonably practicable to produce the original documents or records sought. The reasons for the impossibility or impracticability of producing the originals is to be inserted at paragraph 6 below. The form below describes the information to be inserted. The information may actually be inserted in the attached "blank" form.

AFFIDAVIT with respect to COPIES

(explaining why the originals are not being produced)

(Section 30, Canada Evidence Act)

I, (insert name), knowing that I may be prosecuted under the laws of the (name of country) America for intentionally making a false statement or affidavit, MAKE OATH AND SAY AS FOLLOWS:

1. I am employed by (insert name of the company/bank) (hereinafter "the Company" or "the Bank"). I am employed as (title), and by virtue of that employment have knowledge of the matters hereinafter set out.
2. Attached to this my Affidavit are copies of original documents or records maintained by the [Company/Bank] in the usual and ordinary course of business.
3. The attached records or documents were created in the ordinary course of the business of the [Company/Bank] by persons who at the time of the making of the entry or record or document had knowledge of the circumstances or events set out therein.
4. The attached records or documents were made at or near the time of the circumstances or events set out therein by persons who were under a duty to accurately record the circumstances or events.
5. I believe the attached records or documents to be accurate.
6. It was not possible/not reasonably practicable to produce the original records or documents (set out reasons why it is not possible/not reasonably practicable to produce the originals).

Sworn before me this __________________________________ day of (month), 1997 at the City of ) Affiant (city) in (name of country) _______________________________________
(Insert name (and title or seal if applicable) of individual with authority to take sworn declarations or statements, and position. N.B.: In addition to the usual consular officials, a judicial official in a foreign jurisdiction is also authorized by the Canada Evidence Act to receive this affidavit by signing on the line immediately above, provided the official is authorized to administer, take or receive an oath, affidavit, declaration, etc. in the same foreign jurisdiction.

AFFID4.DOC
AFFIDAVIT with respect to COPIES
(explaining the unavailability of originals)
(Section 30, Canada Evidence Act)

I, ____________________________, knowing that I may be prosecuted under the laws of for intentionally making a false statement or affidavit, MAKE OATH AND SAY AS FOLLOWS:

1. I am employed by ___________________________ (hereinafter, _________________). I am employed as ______________ ,and by virtue of that employment have knowledge of the matters hereinafter set out.
2. Attached to this my Affidavit are copies of original documents or records maintained by the ________________ in the usual and ordinary course of business.
3. The attached records or documents were created in the ordinary course of the business of the _________________ by persons who at the time of the making of the entry or record or document had knowledge of the circumstances or events set out therein.
4. The attached records or documents were made at or near the time of the circumstances or events set out therein by persons who were under a duty to accurately record the circumstances or events.
5. I believe the attached records or documents to be accurate.
6. It was not possible/not reasonably practicable to produce the original records or documents because ________________________________________________________ ________________________________________________________

Sworn before me this _____________________ day of __________, 199 at the City of ( ) Affiant __________________ ) in.

(Insert name and qualifications of individual with authority to take sworn declarations or statements and position.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

AFFID5.DOC

This form is to be used (together with a form explaining the unavailability of the originals) where it is impossible or not reasonably practicable to produce the original documents or records. The form below describes the information required to be inserted. The information may actually be inserted in the "blank" form attached hereto.

AFFIDAVIT with respect to COPIES
(attesting to authenticity)
(Section 30, Canada Evidence Act)

I, (insert name), knowing that I may be prosecuted under the laws of (name of country) for intentionally making a false statement or affidavit, MAKE OATH AND SAY AS FOLLOWS:

1. I am employed by (insert name of the company or bank) (hereinafter, "the Company" or "the Bank"). I am employed as (title), and by virtue of that employment have knowledge of the matters hereinafter set out.
2. Attached to this my Affidavit are copies of original documents or records maintained by the [Company/Bank] in the usual and ordinary course of business. I made these copies from the originals of the documents or records and attest that the copies are true and accurate copies of the original documents or records.

Sworn before me this day )_________________________________of (month), 199 at the City of ) Affiant (city) in (name of country)
Insert name (title and seal of applicable) of individual with authority to take sworn declarations or statements, and position.

n.b.: In addition to the usual consular officials, judicial officials in a foreign jurisdiction is also authorized by the Canada Evidence Act to receive this affidavit by signing on the line immediately above, provided the official is authorized to administer, take or receive an oath, affidavit, declaration, etc. in the same foreign jurisdiction.

All information contained in this request is provided from the police investigation and consists of unproved allegations.

AFFID6.DOC

AFFIDAVIT with respect to COPIES
(attesting to authenticity)
(Section 30, Canada Evidence Act)

I, _____________________, knowing that I may be prosecuted under the laws of ___________ for intentionally making a false statement or affidavit, MAKE OATH AND SAY AS FOLLOWS:

1. I am employed by ___________________________ (hereinafter, ___________). I am employed as ____________________, and by virtue of that employment have knowledge of the matters hereinafter set out.
2. Attached to this my Affidavit are copies of original documents or records maintained by the ____________________ in the usual and ordinary course of business. I made these copies from the originals of the documents or records and attest that the copies are true and accurate copies of the original documents or records.

Sworn before me this day ) of ________________, 1998 at the City of ) _______________ in ____________. ) Affiant

All information contained in this request is provided from the police investigation and consists of unproved allegations.

The Canada Evidence Act permits the introduction of documents into evidence before a Canadian Court, of certified records created in the normal course of business of a bank or another entity located in a foreign jurisdiction under certain conditions. Although original records are preferable, copies may be produced if the originals cannot or cannot practicably be produced.

1. In the case of original documents, the attached forms (see Appendix "A") bearing the title "Affidavit with respect to Original Records" must be completed. A corresponding form (also attached in Appendix "A") describes the information required.

2. Where it is not possible or reasonably practicable to produce original business records, the Canada Evidence Act permits the production of copies of business records in evidence accompanied by two documents. A copy of the two different blank forms entitled "Affidavit with respect to Copies" are provided for this purpose (see Appendix "B"). Also attached are two corresponding forms describing the information which is to be inserted in the blank form.

3. When evidence certified before a judicial authority in the requested state:
When the evidence is certified, by oath, affirmation or solemn declaration before a judicial authority in the Requested State, it is requested that the judicial authority set out his/her title, jurisdiction and official capacity to carry out such functions i.e. Judge X, a magistrate of the Court in the jurisdiction of , Country Z, duly authorized to ...

4. When other methods are used to certify the records:
When the evidence is certified in a manner other than under oath, affirmation or solemn statement before a judicial authority of the foreign state, both the person producing the documents and attesting to the authenticity of the records and the person who copied records must state in the certificate that it is made in conformity with the laws of the foreign state which have been explained to him/her and the name and qualifications of the person providing the explanation.

It is, therefore, further requested that the certification of banking records include the above-noted information in order to meet the admissibility requirements of the Canada Evidence Act.

Form 10

Search Warrant (Act, s. 12(1))

Name of case:

[Insert style of cause required by jurisdiction]

SEARCH WARRANT
TO: [Name of peace officer]

The United States has requested Canada to have a search and seizure carried out in Canada. It has made this request under the Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters.

I have read the information of [name of informant], a [occupation] and competent authority under the Mutual Legal Assistance in Criminal Matters Act.

I am satisfied by statements under oath that there are reasonable grounds to believe the following:

a. that an offence has been committed with respect to which the United States has jurisdiction. The offence is [describe offence and penalty] and is contrary to a law of the United States;
b. evidence of the commission of the offence [or information that may reveal the whereabouts of a person who is suspected of having committed the offence] will be found in the [province or territory] in [building, receptacle or place] owned (or occupied) by [name], located at [specify address or location] (the premises); and
c. it would not, in the circumstances, be appropriate to make an order under subsection 18(1) of the Mutual Legal Assistance in Criminal Matters Act.

This warrant authorizes and requires you to enter into the place or premises and search for the records and things mentioned above, and seize them and any other evidence of the commission of this offence. This warrant also authorizes you to bring them to me or to some other judge of this court.

You are authorized to enter the place or premises between [time] and [time].

Before entering the place or premises or as soon as practicable after entering, you must give a copy of the warrant to any person who is present and appears to be in charge of the place or premises. If the place or premises is unoccupied when you execute the warrant, you must cause a copy of the warrant to be affixed in a prominent place within the place or premises; you must do this on entering the place or premises, or as soon as practicable after entering.

Under subsection 12(2) of the Act, I impose the following conditions on the execution of the warrant:

[judge may insert any conditions that the judge considers desirable, as permitted by subsection 12(2)]

Dated at [city], [province], on [date].

NOTICE TO PERSON RECEIVING COPY OF THIS WARRANT:

A hearing to consider the execution of this warrant and the report of the peace officer concerning its execution will take place at [place] on [date] at [time] or as soon after as the matter may be heard. At this hearing an order will be sought to send to the United States the records or things seized when the warrant was executed.

Every person from whom a record or thing is seized in execution of the warrant, and any person who claims to have an interest in a record or thing seized, has the right to make representations at the hearing before any order is made concerning the records or things.
All information contained in this request is provided from the police investigation and consists of unproved allegations.

Form 16

Affidavit Supporting Ex Parte Application for Order to Obtain Evidence in Canada
(Act, s. 17(2))

Name of case:

[Insert style of cause required by jurisdiction]

AFFIDAVIT SUPPORTING EX PARTE APPLICATION FOR AN ORDER TO OBTAIN EVIDENCE IN CANADA

I, [name], a [occupation] and competent authority under the Mutual Legal Assistance in Criminal Matters Act, make oath and say as follows:

I have reasonable grounds to believe and do believe that:

The United States has requested Canada to obtain, by means of an order of a judge, evidence regarding an offence. It has made this request under the Treaty between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters. The original request is attached as exhibit A.

The Minister of Justice for Canada has approved the request. The Minister's Approval for an Order to Obtain Evidence in Canada is attached as exhibit B.

I have reasonable grounds to believe and do believe the following:

a. That an offence [state offence, penalty] for which the order is sought has been committed. The United States has jurisdiction with respect to the offence. The offence is covered by the Treaty.
The grounds for this belief are: [describe grounds].

b. Evidence of the commission of the offence [or information that may reveal the whereabouts of a person who is suspected of having committed the offence] will be found in Canada.

[Describe the evidence being sought.]

The grounds for this belief are: [describe grounds].

This affidavit is made in support of an application for an order to obtain evidence in Canada.

Sworn before me on [date]
at[city], [province].
[signature] [name of competent authority]
[signature] Commissioner of Oaths

Form 9

Information to Obtain a Search Warrant (Act, s. 12(1))

Name of case:

[Insert style of cause required by jurisdiction]

INFORMATION TO OBTAIN A SEARCH WARRANT

This is the information of me, [name of informant] (the informant), a [occupation] and a competent authority under the Mutual Legal
Assistance in Criminal Matters Act.

I have reasonable grounds to believe and do believe that:

The United States has requested Canada to have a search and seizure carried out in Canada. It made this request under the Treaty
between the Government of Canada and the Government of the United States of America on Mutual Legal Assistance in Criminal Matters. A copy of the request is attached as exhibit A.

The Minister of Justice for Canada has approved the request. The Minister's approval is attached as exhibit B.

I have reasonable grounds to believe and do believe that there is (are):

a. in [specify building, receptacle or place]
b. owned or occupied by [name of owner or occupant]
c. located at [specify address or location]
d. the following records or things: [describe records or things]
e. which will give evidence about the commission of [or information that may reveal the whereabouts of a person suspected of having committed] the following offence, [specify offence], contrary to [specify U.S. law].

The reasonable grounds for this belief are: [describe grounds].

I have reasonable grounds to believe and do believe that an offence [specify offence and penalty] has been committed and that the United States has jurisdiction with respect to the offence.

The reasonable grounds for this belief are: [describe grounds].
I have reasonable grounds to believe and do believe that it would not, in the circumstances, be appropriate to make an order under subsection 18(1) of the Mutual Legal Assistance in Criminal Matters Act (an order to obtain evidence in Canada).

The reasonable grounds for this belief are: [describe grounds].

I ask this court to issue a search warrant to search [specify building, receptacle or place] located at [specify location] for the [records or things] described above and seize them and any other evidence of the commission of the offence.

Sworn before me on [date]
at[city], [province].
[signature]
Judge of [court]
[signature]
informant

All information contained in this request is provided from the police investigation and consists of unproved allegations.

Form 11

Report to Judge on Execution of Warrant (Act, s. 14(1))}

Name of case:
[Insert style o f cause required by jurisdiction]

REPORT TO JUDGE ON EXECUTION OF WARRANT

TO: [Court to which judge who issued warrant belongs]
A search warrant was issued under subsection 12(1) of the Mutual Legal Assistance in Criminal Matters Act by the [name of judge] of this Court at [city], [province], on [date].

I, [name], the peace officer who executed the warrant, make this report as required by subsection 14(1) of the Act.

The search took hours to complete.

I did the following:

1. searched the premises situated at [location] on [date] at [time]. I was assisted by [names of persons assisting];
2. seized the following: [specify what records or things were seized or attach exhibit report];
3. gave a copy of the warrant to a person who was present and who appeared to be in charge of the premises [or caused a copy of the warrant to be affixed in a prominent place] as required by subsections 12(5) or (6); and
4. met the conditions (if any) imposed under subsection 12(2) by the judge who issued the warrant .

Dated at [city], [province], on [date].

[signature]
[name of peace officer]

Mutual Legal Assistance: An Investigator's Guide to Seeking Assistance Through the Department of Justice