Page 1294 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1282
Uluslararası Adli İşbirliği
accompanied by
(a) a transcript of every examination held pursuant to the order;
(b) a general description of every record or thing produced to the person pursuant to
the order and, if the judge so requires, a record or thing itself; and
(c) a copy of every statement given under subsection 18(9) of the reasons for a refusal
to answer any question or to produce any record or thing.
(2) The person designated pursuant to paragraph 18(2)(c) shall send a copy of the report to
the Minister forthwith after it is made.
(3) If any reasons contained in a statement given under subsection 18(9) are based on the Ca-
nadian law of non-disclosure of information or privilege, a judge to whom a report is made shall
determine whether those reasons are wellfounded, and, if the judge determines that they are,
that determination shall be mentioned in any order that the judge makes under section 20, but if
the judge determines that they are not, the judge shall order that the person named in the order
made under subsection 18(1) answer the questions or produce the records or things.
(4) A copy of every statement given under subsection 18(9) that contains reasons that purport
to be based on a law that applies to the state or entity shall be appended to any order that the
judge makes under section 20.
20. (1) A judge to whom a report is made under subsection 19(1) may order that there be sent
to the state or entity the report and any record or thing produced, as well as a copy of the order
accompanied by a copy of any statement given under subsection 18(9) that contains reasons that
purport to be based on a law that applies to the state or entity, as well as any determination of
the judge made under subsection 19(3) that the reasons contained in a statement given under
subsection 18(9) are wellfounded.
(2) An order made under subsection (1) may include any terms or conditions that the judge
considers desirable, after having considered any representations of the Minister, the competent
authority, the person who produced any record or thing to the person designated under parag-
raph 18(2)(c) and any person who claims to have an interest in any record or thing so produced,
including terms and conditions
(a) necessary to give effect to the request mentioned in subsection 17(1);
(b) with respect to the preservation and return to Canada of any record or thing so
produced; and
(c) with respect to the protection of the interests of third parties.
(3) The execution of an order made under subsection 18(1) that was not completely executed
because of a refusal, by reason of a law that applies to the state or entity, to answer one or more