加拿大难民程序/133-136 - 罪行的起诉
< 加拿大难民程序
《移民和难民保护法》第133-136条规定
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.
《难民公约》第31条第1款规定：“缔约国不得因难民非法入境或非法滞留而对其处以罚款，这些难民直接来自其生命或自由受到第1条所指威胁的领土，在未经授权的情况下进入或存在于其领土内，但须立即向当局申报并说明其非法入境或非法滞留的正当理由。”虽然《公约》的这一条款没有反映在1976年的《移民法》中，但该法随后进行了修订，其中包括《移民和难民保护法》第133条。这项规定是在拉比·普劳特提交给部长的一份报告之后被纳入该法的。他指出，“在最终处理索赔请求之前，无法确定索赔人是否有权获得第31条的保护。”因此，他建议“进一步修订该法案，禁止在确定程序期间对任何非法入境或非法滞留加拿大的行为进行起诉”。[1]虽然如果难民申请被拒绝，申请人的非法入境加拿大可能构成违法行为，但在实践中，这种情况只在特殊情况下才会被追究，因为简单地要求人们离开或让当局因没有签证而将其遣返更容易、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.