Canada Extends the Long Arm of the Law into Outer Space

by Pa Rock

Citizen Journalist

For those looking for a good place to commit a crime (and let's face it, who isn't?) right now outer space might be the perfect venue for some heinous unlawful activity.  That's because space is currently a realm that has been largely overlooked by the world's legislators.  In fact, when it comes to "law" in the vastness beyond the Earth's atmosphere, the only thing currently that seems to be in place is a 1998 treaty that covers crimes committed on the International Space Station.  Article 22 of that document says that anyone aboard the station is subject to the jurisdiction of their home country - but it leaves in question incidents involving astronauts from multiple countries - or incidents that occur in private transport to and from the station.

According to an article in the Calgary Herald, Canada has recently passed legislation to address its own citizens who commit crimes in outer space.  An amendment in Canada's current budget bill extends Canadian criminal jurisdiction into space.   A  recap of the legislation in the Herald stated, "if a Canadian commits a criminal offense while in space, they'll be met by handcuffs once they return."

The article in the Herald also noted that there has already been one accusation of a space crime.  In 2019 a US astronaut, Anne McClain, was accused by her estranged spouse of accessing the spouse's banking records through the International Space Station's computers - something the angry spouse referred to as "identity theft."    Those allegations were subsequently found to be false, but they certainly foreshadow things to come.

Canada's criminal code amendment drafted to address the issue of crimes committed in outer space is also an attempt to be ready for Canadian involvement in "Lunar Gateway," a NASA mission that will establish a permanent space station in lunar orbit.  The new Canadian law says that Canadian criminal jurisdiction will apply to Canadians in the lunar station, as well as to Canadians traveling by any means of transportation to and from the station, and even to Canadians who venture to the surface of the moon itself.

Today with multinational teams operating in space as well as private commercial ventures, a person's legal status beyond Earth's atmosphere becomes murkier and murkier, but Canada is looking bravely to the future and legislating where no legislator has legislated before.

Nanu, nanu.