The Mudcat Café TM
Thread #141103   Message #3246440
Posted By: ollaimh
28-Oct-11 - 10:08 PM
Thread Name: BS: WHAT has happened to Canada, re Bush?
Subject: RE: BS: WHAT has happened to Canada, re Bush?
criminal law is provincial in application in canada. the criminal code which includes crimes against humanity and war crimes is federal but the courts arte provincially run.

normally any prosecution on such a criminal charge would go throuhg a provincial court--usually a supreme court.

i supose charges could be brought in federal court but federal courts in canada do not have a wide jurisdiction. they normally hear cases that are violations of federal statuetes that are adminstered federally, such as tax and other adminstrative law cases. even tax evasion is proscuted in provincial courts, but by federal prosecutors.

if a provincial prosecutor could show some reasonable connection to the province in question, such as british columbia being the residence of the rendition victum, then prosecution would start in provincial court. legally the more interesting question is which prosecutors would run the prosecution. federal prosecutors do tax offences and drug charges in canada, but in provincial courts. i defended both. federal prosecutors are the ultimate patronage appointment and they are often the worst sloppiest prosecutors, so if you want a conviction go for a provincial crown counsel with fire in his/her belly on the issue.i can't tell you how many conspiracy drug charges based on wire taps i saw dismissed because they couldn;t draft a wire tap authorization properly, and they couldn't follow the rules in the authoruization. complete incompetence.and thats with our limp wristed charter protections

but most courts would say charge him at the international court then try to extradite. of course the united states doesn't recognize very much in international law. thast's why they igniore crimes against humanity and war crimes commited by their own