What is the test for determining jurisdiction over an offence?
Yukon, Canada
The following excerpt is from R. v. Dougan, 2012 YKSC 88 (CanLII):
The concepts of jurisdiction over the offence and jurisdiction over the accused are found in s. 485 (1) of the Criminal Code. This section of the Criminal Code was added in 1985 as a response to one of the cases cited by the respondents: R v. Krannenburg, 1980 CanLII 179 (SCC), [1980] 1 S.C.R. 1053. And see R v. Oliveria, [2009] O.J. No. 1002, 2009 ONCA 219, per Doherty J.A., and R v. Millar, [2012] O.J. No. 1276, 2012 ONSC 1809, per Code J., at paras. 38 and 39.
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