NCJ Number
191927
Journal
Prosecutor Volume: 35 Issue: 6 Dated: November/December 2001 Pages: 22,26-27,28
Date Published
2001
Length
4 pages
Annotation
This article includes information on Canadian assistance for American law enforcement.
Abstract
Direct police to police assistance has always existed and continues to flourish across the border between Canada and the United States. It is generally directed to obtaining information, evidence, and assistance that does not require a court order in Canada. This can be arranged through Interpol or directly with the Royal Canadian Mounted Police or other local police forces. In addition, most U.S. law enforcement agencies have representatives in Canada. This article is not concerned with informal assistance, but with formal legal assistance through the treaty between Canada and the United States on mutual legal assistance. Often, this assistance requires judicial authorization in Canada. To obtain assistance, the U.S. Department of Justice’s Office of International Affairs and Canadian authorities must be involved. There are presently 152 requests for assistance through various American law enforcement agencies. The Treaty between the Government of Canada and the Government of the United States on Mutual Legal Assistance in Criminal Matters went into force on January 24, 1990. The scope of this treaty, the assistance available under Canadian law to U.S. law enforcement, and the type of tasks required by United States and Canada are outlined in the article. As an example, a scenario sets out the step-by-step procedure involved in processing a basic Mutual Legal Assistance Treaty (MLAT) request from the United States. Common mistakes made by U.S. authorities were reviewed. References, endnotes