For Gunlawyer001 or anyone who think they know

[larrymeyer]

Hey this question is for Gunlawyer001 or anyone else who wants to chime in !

"If your standing in Canada and you shoot across the border and kill someone where would you be tried and why ?"

[doc454]

I would have to say trial in Canada, as that is where the 'intent' occured. I will defer to Gunlawyer001, as he would know the truth.

[JoeWilliams]

You would at least be tried in the state where the victim was shot. But you'd have to be extradited from Canada first.

However, you would probably also be tried in Canada for firearms violations, and perhaps even the injury/murder under Canadian law.

IOW, both

[fingers80002]

Before long, it won't matter, once the NAU is in effect.

[Defleshed]

Before long, it won't matter, once the NAU is in effect.

+1. world court will handle this maybe?

[Vig]

+1. world court will handle this maybe?

Yeah, probably in France or something...

[larrymeyer]

You would at least be tried in the state where the victim was shot. But you'd have to be extradited from Canada first.

However, you would probably also be tried in Canada for firearms violations, and perhaps even the injury/murder under Canadian law.

IOW, both

Why I didn't commit any murder in Canada ? May have commit a firearms violation in Canada but did the murder violate and Canada Law but firing a gun ? So what law did I violate ??

[ScaredOnce]

OP,

very interesting question to kick around if you look at it from an exploratory perspective for all fo the issues it would touch on - some already brought up here... May I ask, if you have any back info or reasons? I admit it's a "neat" question... thx

[TaePo]

IANAL just a WAG...

Firearm discharge violation in Canada possible depending on their laws.
US murder charge depending on extradition agreements.

Risking catastrophe, violating international law/rules, an act of war(?, maybe only against countries, not sure of individuals) per international law.

Of course, the CIA might bundle you up as a terrorist or whatever we are calling them and spirit you away to GITMO, or where ever they go now, if anywhere!

[Frenchy]

Hey this question is for Gunlawyer001 or anyone else who wants to chime in !

"If your standing in Canada and you shoot across the border and kill someone where would you be tried and why ?"

First off, I am not a lawyer, so take this with a grain of salt.


Canadian laws allow for hunting and self preservation (Self defense) and as a general rule, are very different to the same laws in the US.

IE: say you where hunting and by accident shot some one dead, in Canada although you would be tried just as here, you might escape doing any time in Jail if it is found that the shot was an accident.

Although I have no direct proof of this, if I go to say a motor accident, you hit some one with a car in Canada, the mere fact that they died does not make you a murderer. Some one would have to prove you wanted to cause death and or where so grossly negligent that the only outcome be that you had murder on your mind.

A few years ago in Pittsburgh, a car came sliding down a hill on its own power on the ice, the driver inside who had absolutely no control over the car, was charged with homicide because he “did not control” the car…

Now the problem is, Canada and the US are very friendly and extradition is fairly common, so chances are, if the US government asks for you to be extradited, you will be. Mostly if a negotiation is possible to allow a trade with a Canadian citizen passage back to Canada is possible.

I can not say that some one being shot across the border has never happened; after all there are many border towns. (there are even border homes) But I can say that I believe you would be tried primarily where you stood or in the country you where in first, then based on the results, might be given the right to remain (serve your term there if need be) or extradited. Your nationality might play a big role in this also, Canadian shooting over the US border, or US citizen shooting into the US border…

Let me change your phrase just a little and maybe we come to a whole different conclusion.

A man in Montreal shoots a rifle and the bullet hits some one in the US embassy… As we know, the Embassy is on the land of the country that hosts it, but considered as a territory of the occupying country. So technically, shooting into an embassy, would be shooting into that country.
I do believe in this case, (as there is no hunting within the limits of Montreal) you would get criminal charges against you, At this point, your nationality would not fall into question as much as you would have a hard time saying you crossed the border unknowingly. I could see how the Montreal police would attempt to take you into custody, then transfer you to a federal court through the Royal Canadian Mounted Police.. At this point it would be decided if you would be tried in Canada or in the US. But I can definitely see how shooting into an embassy and shooting across a border that is some times not so very physical, could change the impact of what and where things happen.

Very interesting question, yet I doubt there would be a clear cut answer to it as the powers that would negotiate between the tow countries would probably not be your average lawyer.