加拿大難民程式/133-136 - 罪行的起訴
< 加拿大難民程式
《移民和難民保護法》第133-136條規定
Prosecution of Offences Deferral 133 A person who has claimed refugee protection, and who came to Canada directly or indirectly from the country in respect of which the claim is made, may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person, pending disposition of their claim for refugee protection or if refugee protection is conferred.
《難民公約》第31條第1款規定：“締約國不得因難民非法入境或非法滯留而對其處以罰款，這些難民直接來自其生命或自由受到第1條所指威脅的領土，在未經授權的情況下進入或存在於其領土內，但須立即向當局申報並說明其非法入境或非法滯留的正當理由。”雖然《公約》的這一條款沒有反映在1976年的《移民法》中，但該法隨後進行了修訂，其中包括《移民和難民保護法》第133條。這項規定是在拉比·普勞特提交給部長的一份報告之後被納入該法的。他指出，“在最終處理索賠請求之前，無法確定索賠人是否有權獲得第31條的保護。”因此，他建議“進一步修訂該法案，禁止在確定程式期間對任何非法入境或非法滯留加拿大的行為進行起訴”。[1]雖然如果難民申請被拒絕，申請人的非法入境加拿大可能構成違法行為，但在實踐中，這種情況只在特殊情況下才會被追究，因為簡單地要求人們離開或讓當局因沒有簽證而將其遣返更容易、更有效率。[2]
Limitation period for summary conviction offences 133.1 (1) A proceeding by way of summary conviction for an offence under section 117, 126 or 127, or section 131 as it relates to section 117, may be instituted at any time within, but not later than, 10 years after the day on which the subject-matter of the proceeding arose, and a proceeding by way of summary conviction for any other offence under this Act may be instituted at any time within, but not later than, five years after the day on which the subject-matter of the proceeding arose. Application (2) Subsection (1) does not apply if the subject-matter of the proceeding arose before the day on which this section comes into force. Defence — incorporation by reference 134 No person may be found guilty of an offence or subjected to a penalty for the contravention of a provision of a regulation that incorporates material by reference, unless it is proved that, at the time of the alleged contravention, (a) the material was reasonably accessible to the person; (b) reasonable steps had been taken to ensure that the material was accessible to persons likely to be affected by the regulation; or (c) the material had been published in the Canada Gazette. Offences outside Canada 135 An act or omission that would by reason of this Act be punishable as an offence if committed in Canada is, if committed outside Canada, an offence under this Act and may be tried and punished in Canada. Venue 136 (1) A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged with the offence is or has an office or place of business at the time of the institution of those proceedings. Where commission outside Canada (2) A proceeding in respect of an offence under this Act that is committed outside Canada may be instituted, tried and determined at any place in Canada.