Canada considers adding moon crimes to its Criminal Code:
Canada is working on legislation that would allow legal action against crimes committed on the moon, among other space locations.
A budget bill containing the proposed space law amendment for the moon passed its first reading April 29 in the country's House of Commons. (The Commons is somewhat akin to the U.S. House of Representatives.)
The amendment to Canada's Criminal Code is referenced in Bill C-19's Division 18, under a heading called "Civil Lunar Gateway Agreement Implementation Act." It proposes to include Canadians in space committing an "act or omission" that would be considered an "indictable offence" on Canadian soil.
The moon's surface, the Gateway space station and transportation to or from the Gateway would all fall under the proposed legislation, making Canadians in these locations subject to legal action for alleged crimes.
The 1967 Outer Space Treaty (ratified by more than 100 nations, including Canada) is the dominant player in space law; the International Space Station also has its own intergovernmental agreement that "allows the space station partner states to extend their national jurisdiction in outer space," according to the European Space Agency. (Canada is a minority partner in the ISS through its robotic contributions.)
A McGill University professor in Montreal said in 2019, however, that more amendments will be needed for the new space environment, which is expected to include more types of people in space and more deep-space destinations like the moon or Mars.
"The nature and scope of crimes maybe complex, and a single criminal activity may involve individuals from different countries and possessing multiple nationalities," wrote McGill law professor Ram Jakhu in Lawyer Monthly. (Jakhu was also writing about accusations leveled against NASA astronaut Anne McClain that have since been disproven.)
(Score: 0) by Anonymous Coward on Monday May 09 2022, @03:50AM
grits, sharks, lasers, you name it, we've got it all on UHF!
(Score: 0) by Anonymous Coward on Monday May 09 2022, @04:11AM (3 children)
The "Loonie", after all, is from "Luna", the Latin for Selene, and only therefrom are the waterfowl named. And those who stare at the moon for too long? Lunatics. See? Canadians! It all makes sense now. When is the first Canadian launch?
(Score: 2) by driverless on Monday May 09 2022, @11:50AM
In any case it's already been a crime for ages in some countries. Friend of mine mooned someone while he was a student and got charged with indecent exposure, not sure why the Canadians are so late to the party.
(And it was some party, I tell you. Hanging a moon at the neighbours was the least of what happened there).
(Score: 0) by Anonymous Coward on Monday May 09 2022, @12:27PM
Lunch is at noon.
(Score: 2) by FatPhil on Tuesday May 10 2022, @01:30PM
"The North American name "loon" was first recorded in this sense in New Englands Prospect (1634) by William Wood (1580-1639); "The Loone is an ill shap'd thing like a Cormorant".[13][14] It may be derived from Old Norse lómr, as are modern Swedish and Danish lom,[15] in each case referring to the distinctive call."
-- https://en.wikipedia.org/wiki/Common_loon
(that being the bird imprinted on the coin)
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 2, Interesting) by deplorable on Monday May 09 2022, @04:58AM (4 children)
If you're Canadian and you're having a mental breakdown and you just want to go home so you grab a drill and start drilling holes until they agree to send you back in the next capsule, would you face charges upon your return?
(Score: 2) by jasassin on Monday May 09 2022, @05:40AM (1 child)
Yes.
jasassin@gmail.com GPG Key ID: 0x663EB663D1E7F223
(Score: 0) by Anonymous Coward on Monday May 09 2022, @06:09PM
Are you sure? https://xkcd.com/905/ [xkcd.com]
(Score: 0) by Anonymous Coward on Monday May 09 2022, @06:49AM (1 child)
As long as government is willing to bring charges against a dead person. Maybe convict for tax evasion. That has worked well, historically.
How many holes can be drilled into the ISS before it turns into a flying grave?
(Score: 0) by Anonymous Coward on Monday May 09 2022, @01:04PM
42
(Score: 3, Touché) by bradley13 on Monday May 09 2022, @06:00AM (5 children)
Lawmakers getting ahead of issues, instead of running after them? Or just trying to garner votes with meaningless legislation?
Regardless, it's hard to see how a Canadian court can claim any sort of jurisdiction over non-Canadian territory.
Everyone is somebody else's weirdo.
(Score: 1, Interesting) by Anonymous Coward on Monday May 09 2022, @06:26AM
I grow tired of constantly having to correct the bradley14, but jurisdiction is not only territorial, it also encompasses persons, regardless of where they be, that are under the law.
(Score: 4, Interesting) by pvanhoof on Monday May 09 2022, @06:28AM
Exactly, this kind of legislation will only cause confusion. What if a non-Canadian meets with a Canadian on the Lunar surface and the non-Canadian does something that isn't illegal in his home country but is in Canada to the Canadian. Does the Canadian then have a right to self defense? What the other way around? And what with people who got born on the Moon? They can do whatever they want over there?
How about the colony that will life on the Moon makes up its own legislation. That kind of legislation could then also be rooted in what is needed over there. For example: you are required by law to do this and this maintenance on this and this piece of infrastructure at that and that time.
(Score: 4, Informative) by pe1rxq on Monday May 09 2022, @09:50AM (1 child)
Jurisdiction has been applied to non territory for ages: e.g. ships whether in international water or in other territories are still considered to be under law of the flag country.
(Score: 0) by Anonymous Coward on Monday May 09 2022, @01:32PM
Yes, the only real reason for this would be to be more explicit about it and perhaps eventually have a separate set of courts to handle any crimes that require moon specific rules. Those crimes could already be dealt with under those same set of rules if need be.
(Score: 0) by Anonymous Coward on Monday May 09 2022, @05:47PM
They are claiming jurisdiction over Canadians not territory.
(Score: 3, Insightful) by maxwell demon on Monday May 09 2022, @08:26AM (1 child)
Why would you need legislation specifically for space locations? I don't see any reason to treat crime in space or on the moon any different than e.g. crime on international waters.
The Tao of math: The numbers you can count are not the real numbers.
(Score: 3, Interesting) by Immerman on Monday May 09 2022, @12:12PM
I believe most nations have laws/are party to treaties similar to this establishing that the host state of the vessel has jurisdiction on international waters.
I don't believe we have any such laws for spacecraft, lunar colonies, etc. Without anything on the books, jurisdiction is at best unclear, and at worst nonexistent. To date it hasn't been much of an issue since the only people in space have been the cream of the crop, on their best behavior so that they don't jeopardize their opportunity to stay in/return to space. And have mostly been military personnel, who have their own rules.
Keep in mind that there's little room for common sense in law. The entire point of having written laws is to remove uncertainty as to exactly what is illegal - and even before the first time laws were carved in a stone pillar, philosophers warned that having written laws are an invitation to criminals to exploit loopholes so that, technically, they've done nothing illegal. Which is exactly what happened. Whether that's an improvement over having no laws and just employing the common sense of a (possibly biased) judge can be debated.
To my mind the interesting thing here is that Canada appears to be asserting broad jurisdiction specifically over Canadian civilians abroad (in specific locations), rather than the location itself (which might be problematic under the Outer Space Treaty). I'm not sure any nation has done such a thing before, and it has the potential to put people in the impossible situation that what is required under one jurisdiction is prohibited under another jurisdiction that also applies.
(Score: 2) by looorg on Monday May 09 2022, @11:32AM (2 children)
Grand Theft Rocket Ship? I didn't know the long arm of the mounties stretched all the way to the moon. So none of that what happens on the moon stays on the moon crap then.
(Score: 0) by Anonymous Coward on Monday May 09 2022, @12:31PM
Somebody call Dudley Do-Right.
(Score: 2, Funny) by liar on Monday May 09 2022, @03:20PM
Perhaps Royal Canadian Moonties?
Noli nothis permittere te terere.
(Score: 2) by hendrikboom on Monday May 09 2022, @01:30PM (2 children)
Last I heard, Canada amended the criminal code so that having sex with a minor would be illegal for Canadians anywhere in the world. This was a measure against sex tourism.
Otherwise, I presume, the local jurisdiction would apply, wherever the Canadian was.
Now suddenly everything that's criminal in Canada will be considered criminal everywhere in outer space? But not, presumably, in Bolivia?
(Score: 1, Informative) by Anonymous Coward on Monday May 09 2022, @02:02PM
Everything that's criminal in Canada is also considered criminal everywhere else in the world if commited by a Canadian. When said Canadian comes back to the country, he can be arrested and charged.
However, the limiting factor in the prosecution deciding to press charges will be the reasonable expection of obtaining a conviction, based on the difficulty of bringing victims, witnesses, etc, in the country to testify in the trial.
(Score: 0) by Anonymous Coward on Monday May 09 2022, @02:39PM
The next time I say, 'Let's go someplace like Bolivia,' let's go someplace like Bolivia, not the Moon.
(Score: 0) by Anonymous Coward on Monday May 09 2022, @04:11PM (2 children)
A report this weekend disclosed that just over 50% of Canada's First Nations women are now in prison. Looks like Herr Trudeau's trying to make sure they don't use the moon to escape his justice.
(Score: 0) by Anonymous Coward on Monday May 09 2022, @09:11PM
You have major reading comprehension failure syndrome if you believe that. Try again.
(Score: 2) by FatPhil on Tuesday May 10 2022, @01:39PM
And the report that more than half (p) of the female prison population (x) are first nations (y) was from last year, so you can't even tell the difference between "this weekend" and "last year".
Pick up the crack pipe, you need another hit.
Great minds discuss ideas; average minds discuss events; small minds discuss people; the smallest discuss themselves
(Score: 0) by Anonymous Coward on Monday May 09 2022, @07:28PM
He needs to make new laws so that it's okay to funnel money from no-bid contracts to his family members for "speaking engagements".
(Score: 0) by Anonymous Coward on Monday May 09 2022, @07:52PM
Don't worry, no one's allowing that nutcase anywhere near a rocket again.