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If a Canadian citizen commits a crime against another Canadian in the USA and Canada, can that person be arrested and prosecuted in both Canada and the USA?

  • Do you mean that the Canadian commits a crime against another Canadian in the US, where the crime is a criminal offense in both countries? – IllusiveBrian Feb 13 '18 at 21:56
  • Yes, the victim, (a Canadian) lives part of the year in Canada and part in the USA. The perpetrator commits the same criminal offenses in both Countries dependent on where the victim is. I'm hoping these crimes can be individually prosecuted in their respective Country, thus the criminal will face two sentences. – KLoe Feb 13 '18 at 22:32
  • Criminals can face multiple sentences for committing a crime multiple times even if they do so in a single jurisdiction. – phoog Feb 13 '18 at 22:42
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If a person commits crimes in one country and then goes to another, the first country can ask the second to extradite the fugitive back to the first country. This is heavily dependent on international relations, but USA and Canada have an Extradition Treaty. Whether or not a person will be extradited may also depend on the severity of the crime.

A person could be tried in the United States or Canada and then extradited to the other country once they were acquitted or served their sentence. The first jurisdiction could even decline to try the person and instead just extradite them - a lot of this depends on the Attorney Generals/District Attorneys in the applicable jurisdictions. One other confounding factor may be applicable statutes of limitations, which may expire on one crime if the person serves a sentence for the other.

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Yes

Usually, whoever got their hands on the defendant first would have first crack at it. The second jurisdiction would commonly not prosecute provided that justice was done in the first but they can - double jeopardy is not in play as a bar as they are different legal systems but courts usually apply the spirit that a person shouldn’t be punished twice for the same act.

  • As I read the clarifying comment, there are multiple instances of the act committed, some subject to US jurisdiction and some to Canadian jurisdiction. If the US convicted and punished someone for an act they committed in Florida in January, that wouldn't stop Canada from convicting and punishing that person for a separate instance of the same act committed in Ontario in July, would it? – phoog Feb 13 '18 at 22:41
  • @phoog I only answer the question- comment are for comments not clarification. As I read the question the crime may be via telecommunications or a crime that consists of multiple acts. – Dale M Feb 13 '18 at 23:45
  • FURTHER CLARIFICATION: The base crime is "stalking and harassment" however there have been instances of breaking and entering, fraud, monitoring telecommunications etc. These are much harder to prove, and I regret not installing cameras but I continued to think "surely this will not go on another day". It's been years now. Putting the person in the same City/Town/Province/State/Country that I'm in every day is readily accomplished. – KLoe Feb 14 '18 at 22:17

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