Canada is working on legislation that will allow lawsuits against crimes committed on the moon, among other space sites.
The budget bill, containing the proposed amendment to the space law for the moon, passed first reading on April 29th in the country’s House of Commons. (Municipalities are somewhat similar to the US House of Representatives.)
The amendment to the Canadian Penal Code is set out in section 18 of Bill C-19, entitled ‘Civil Lunar Portal Implementation Agreement Act’. He proposes that Canadians be included in space, committing an “act or omission” that would be considered a “criminal offense” on Canadian soil.
The surface of the moon, the Gateway space station and transportation to or from the Gateway will fall under the proposed legislation, which will make Canadians in these places subject to prosecution for alleged crimes.
Related: NASA’s Gateway Moon Station, explained in photos
Canada seems to be preparing to expand its access to space and responsibilities after becoming the first country to sign an Artemis agreement with the United States in 2019. The agreement, reaffirmed in 2020 by a treaty, envisions Canada delivering Canadarm3 robotic arm to Gateway space station in exchange for access to space. This access includes the desired space for an astronaut aboard the lunar orbit Artemis 2, which is now expected to launch in 2024.
The Budget Execution Act, which contains proposed legal changes, aims to confirm the 2022 budget, which the Canadian government introduced on April 7. If the space law section is ratified, it will have far-reaching implications for international criminal jurisdiction in space, according to media reports.
Related: NASA’s Artemis 1 mission to the moon, explained in photos
The number and types of people in space are rapidly accelerating. SpaceX’s latest Virgin Galactic, Blue Origin, Axiom Space and Inspiration4 flights in 2021 and 2022 add more space flight capabilities beyond the professional astronauts who have dominated for six decades.
The 1967 Space Treaty (ratified by more than 100 countries, including Canada) is the dominant player in space law; The International Space Station also has its own intergovernmental agreement, which “allows the space station’s partner countries to expand their national jurisdiction in outer space”, according to the European Space Agency. (Canada is a minority partner in the ISS through its robotic contributions.)
However, a professor at McGill University in Montreal said in 2019 that more changes would be needed for the new space environment, which is expected to include more types of people in space and more destinations in deep space such as the moon or Mars.
“The nature and scope of crime can be complex, and a criminal activity can involve people from different countries and nationalities,” wrote McGill Ram Jahu, a law professor at Lawyer Monthly. (Jahu also wrote about accusations against NASA astronaut Ann McClain, which have since been refuted.)
The impression of the artist from Canadarm3, working on the Gateway space station. (Image credit: Canadian Space Agency)
A dozen Canadians were flying in space. Most of them were astronauts either from the Canadian Space Agency or, before the CSA was established in 1989, from the National Research Council of Canada. Canada’s first astronaut, Marc Garnot, flew into space in 1984; he is the current Liberal MP and former cabinet minister with two prominent portfolios: transport and foreign affairs.
Two Canadians flew out of government. The latest was entrepreneur Mark Patti, aboard the all-private Axiom Space Ax-1 mission, which landed last month. Cirque de Soleil founder Guy Laliberte – a paying passenger for a 2009 Soyuz flight to the ISS – tried to demand federal taxes for his space trip, which was refused in 2020 by the Canadian Revenue Agency, Montreal reports. Newspapers.
Adoption of new space legislation within the Canadian budget is likely to take months through a process that includes a committee review, three readings and confirmation in the House of Commons, and consideration and confirmation by the Canadian Senate before royal consent. But the budget is likely to pass; Canada has a liberal minority government in power, which recently signed a “trust and supply agreement” by 2025 with the left-wing New Democratic Party.
In March, the Liberals announced that the NDP would support them on confidence-building measures such as budget accounts; such measures require a majority of parliamentarians to pass legislation in order for the minority government to remain in power. In return, the NDP will receive attention for long-standing priorities, such as subsidized dental care and progress in expanding drug coverage, according to CBC News.
Follow Elizabeth Howell on Twitter @howellspace. Follow us on Twitter @Spacedotcom and Facebook.
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