“Canadian criminal law applies to Canadian astronauts on the Moon”
ACTIVE! Canadian criminal law applies to Canadian crew members on the International Space Station, on any other space flight, or on the surface of the Moon or any other celestial body.
When Canada became a partner in the International Space Station program, Parliament needed to address a fundamental question: if a Canadian astronaut commits a crime in orbit, whose law applies? The solution was extending Canadian criminal jurisdiction extraterritorially—not just to the ISS, but to "any space flight" and even "the surface of the Moon or any other celestial body." This isn't purely hypothetical. In 2019, NASA investigated what would have been the first crime in space: astronaut Anne McClain allegedly accessed her estranged spouse's bank account from the ISS. While the investigation found no crime occurred, it raised real jurisdictional questions. The law ensures Canadian astronauts remain subject to Canadian justice regardless of where in the solar system they might be.
Where the story gets it wrong
Some assume this is hypothetical or joke legislation. In fact, it was enacted through Bill C-19 (Budget Implementation Act, 2022) and received Royal Assent on June 23, 2022, making it a genuine part of Canadian criminal law.
It might seem this law covers any crime by any astronaut in space. In reality, it only applies to indictable (serious) offences, and only to Canadian crew members — crimes by partner-state astronauts count as Canadian offences only if they threaten a Canadian crew member or damage Canadian-provided equipment.
A Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed (a) on, or in relation to, a flight element of the Lunar Gateway; (b) on any means of transportation to or from the Lunar Gateway; or (c) on the surface of the Moon. — Criminal Code, R.S.C., 1985, c. C-46, s. 7(2.35)
- Current status
- Actively Enforced
- Enacted
- June 23, 2022
- Penalty
- Canadian crew members committing indictable offences on the Moon face the same penalties as if the offence were committed in Canada, including potential imprisonment depending on the specific offence.