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Old 10-10-2019, 09:11 PM
Northern Piper is offline
Charter Member
Join Date: Jun 1999
Location: The snow is back, dammit!
Posts: 29,961
But these treaties don't give a country power to act outside its own boundaries. MLATs don't give the FBI the power to operate outside the US, or the Mounties to operate outside Canada. Rather they give the LEO of one country the power to ask for assistance from LEOs in another country, but under the laws of the second country, and only through court supervision where it starts to affect Individual rights.

So if the FBI thinks Bob American is running a cross-border drug ring with Doug Canadian, the FBI can approach the Mounties and say "we think there's a cross-border drug ring. Can we work together to investigate it? Here's what we've got on it already."

And the Mounties may say "first we've heard of it. We'll start looking. ". Or they might say "Aha! We've had our eye on Doug Canadian for a while. This is another piece in the puzzle! Here's what we've got."

But, any investigations on the US side have to be done by the FBI and US LEOs, consistently with US constitutional law and criminal procedure, as well as the treaty, all of which have due process built in.

And investigations on the Canadian side have to be done by the Mounties and Canadian LEOs, consistently with the Charter, the Criminal Code, and the treaty, again with due process built in.

It's sort of like an investigation version of extradition, at an earlier stage, but under the laws of each country.
"I don't like to make plans for the day. If I do, that's when words like 'premeditated' start getting thrown around in the courtroom."