Page 1303 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

Basic HTML Version

1291
Kanunları ve Tercümeleri
(c) may not be required to give evidence in any proceeding in Canada other than the
proceeding to which the request relates.
(2) Subsection (1) ceases to apply to a person who is in Canada pursuant to a request when
the person leaves Canada or has the opportunity to leave Canada but remains in Canada for a
purpose other than fulfilling the request.
DETENTION IN CANADA
42. (1) When the Minister, in order to give effect to a request of a Canadian competent aut-
hority, authorizes a person who is detained in a state or entity to be transferred to Canada for
a period of time specified by the Minister, a judge of the province to which the person is to be
transferred may make an order for the detention of the person anywhere in Canada and for the
return of the person to the state or entity.
(2) An order made under subsection (1) is paramount to any order made, in respect of any-
thing that occurred before the person is transferred to Canada, by a Canadian court, a judge of a
Canadian court, a Canadian justice of the peace or any other person who has power in Canada to
compel the appearance of another person.
(3) The judge who made the detention order or another judge of the same court may vary its
terms and conditions and, in particular, may extend the duration of the detention.
DETERMINATION OF THE VALIDITY OF REFUSALS
43. When a Canadian request is presented to a state or entity and a person in the state or en-
tity refuses to answer one or more questions or to give up certain records or things by reason of a
law in force in Canada, a judge may determine the validity of the refusal on application made, on
reasonable notice to the person, by a Canadian competent authority.
PRIVILEGE FOR FOREIGN RECORDS
44. (1) Subject to subsection 38(2), a record sent to the Minister by a state or entity in accor-
dance with a canadian request is privileged and no person shall disclose to anyone the record or
its purport or the contents of the record or any part of it before the record, in compliance with
the conditions on which it as so sent, is made public or disclosed in the course or for the purpose
of giving evidence.
(2) No person in possession of a record mentioned in subsection (1) or of a copy thereof, or
who has knowledge of any information contained in the record, shall be required, in connection