Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24)

Short Title

Marginal note:Short title

1 This Act may be cited as the Crimes Against Humanity and War Crimes Act.

Interpretation

Marginal note:Definitions

• 2 (1) The definitions in this subsection apply in this Act.

  conventional international law

  conventional international law means any convention, treaty or other international agreement

  • (a) that is in force and to which Canada is a party; or

  • (b) that is in force and the provisions of which Canada has agreed to accept and apply in an armed conflict in which it is involved. (droit international conventionnel)

  International Criminal Court

  International Criminal Court means the International Criminal Court established by the Rome Statute. (Cour pénale internationale)

  official

  official, in respect of the International Criminal Court, means the Prosecutor, Registrar, Deputy Prosecutor and Deputy Registrar, and the staff of the organs of the Court. (fonctionnaire)

  Rome Statute

  Rome Statute means the Rome Statute of the International Criminal Court adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998, as corrected by the procès-verbaux of November 10, 1998, July 12, 1999, November 30, 1999 and May 8, 2000, portions of which are set out in the schedule. (Statut de Rome)

• Marginal note:Words and Expressions

  (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Criminal Code.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Offences Within Canada

Marginal note:Genocide, etc., committed in Canada

• 4 (1) Every person is guilty of an indictable offence who commits

  • (a) genocide;

  • (b) a crime against humanity; or

  • (c) a war crime.

• Marginal note:Conspiracy, attempt, etc.

  (1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) or (1.1)

  • (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and

  • (b) is liable to imprisonment for life, in any other case.

• Marginal note:Definitions

  (3) The definitions in this subsection apply in this section.

  crime against humanity

  crime against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (crime contre l’humanité)

  genocide

  genocide means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (génocide)

  war crime

  war crime means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (crime de guerre)

• Marginal note:Interpretation — customary international law

  (4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary international law. This does not limit or prejudice in any way the application of existing or developing rules of international law.

Marginal note:Breach of responsibility by military commander

• Footnote ^*5 (1) A military commander commits an indictable offence if

  • (a) the military commander

    • (i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 4, or

    • (ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;

  • (b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and

  • (c) the military commander subsequently

    • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

    • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

      • Return to footnote ^*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]

• Marginal note:Breach of responsibility by a superior

  Footnote ^*(2) A superior commits an indictable offence if

  • (a) the superior

    • (i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 4, or

    • (ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 6;

  • (b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

  • (c) the offence relates to activities for which the superior has effective authority and control; and

  • (d) the superior subsequently

    • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

    • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

      • Return to footnote ^*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]

• Marginal note:Conspiracy, attempt, etc.

  (2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life.

• Marginal note:Definitions

  (4) The definitions in this subsection apply in this section.

  military commander

  military commander includes a person effectively acting as a military commander and a person who commands police with a degree of authority and control comparable to a military commander. (chef militaire)

  superior

  superior means a person in authority, other than a military commander. (supérieur)

Offences Outside Canada

Marginal note:Genocide, etc., committed outside Canada

• 6 (1) Every person who, either before or after the coming into force of this section, commits outside Canada

  • (a) genocide,

  • (b) a crime against humanity, or

  • (c) a war crime,

  is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.

• Marginal note:Conspiracy, attempt, etc.

  (1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) or (1.1)

  • (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and

  • (b) is liable to imprisonment for life, in any other case.

• Marginal note:Definitions

  (3) The definitions in this subsection apply in this section.

  crime against humanity

  crime against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (crime contre l’humanité)

  genocide

  genocide means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (génocide)

  war crime

  war crime means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (crime de guerre)

• Marginal note:Interpretation — customary international law

  (4) For greater certainty, crimes described in articles 6 and 7 and paragraph 2 of article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary international law, and may be crimes according to customary international law before that date. This does not limit or prejudice in any way the application of existing or developing rules of international law.

• Marginal note:Interpretation — crimes against humanity

  (5) For greater certainty, the offence of crime against humanity was part of customary international law or was criminal according to the general principles of law recognized by the community of nations before the coming into force of either of the following:

  • (a) the Agreement for the prosecution and punishment of the major war criminals of the European Axis, signed at London on August 8, 1945; and

  • (b) the Proclamation by the Supreme Commander for the Allied Powers, dated January 19, 1946.

Marginal note:Breach of responsibility by military commander

• 7 (1) A military commander commits an indictable offence if

  • (a) the military commander, outside Canada,

    • (i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 4, or

    • (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;

  • (b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and

  • (c) the military commander subsequently

    • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

    • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

• Marginal note:Breach of responsibility by a superior

  (2) A superior commits an indictable offence if

  • (a) the superior, outside Canada,

    • (i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 4, or

    • (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 6;

  • (b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

  • (c) the offence relates to activities for which the superior has effective authority and control; and

  • (d) the superior subsequently

    • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

    • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

• Marginal note:Conspiracy, attempt, etc.

  (2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.

• Marginal note:Jurisdiction

  (3) A person who is alleged to have committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in accordance with section 8.

• Marginal note:Punishment

  (4) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life.

• Marginal note:Application before coming into force

  Footnote ^*(5) Where an act or omission constituting an offence under this section occurred before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply to the extent that, at the time and in the place of the act or omission, the act or omission constituted a contravention of customary international law or conventional international law or was criminal according to the general principles of law recognized by the community of nations, whether or not it constituted a contravention of the law in force at the time and in the place of its commission.

  • Return to footnote ^*[Note: Section 7 in force October 23, 2000, see SI/2000-95.]

• Marginal note:Definitions

  (6) The definitions in this subsection apply in this section.

  military commander

  military commander includes a person effectively acting as a military commander and a person who commands police with a degree of authority and control comparable to a military commander. (chef militaire)

  superior

  superior means a person in authority, other than a military commander. (supérieur)

Marginal note:Jurisdiction

8 A person who is alleged to have committed an offence under section 6 or 7 may be prosecuted for that offence if

• (a) at the time the offence is alleged to have been committed,

  • (i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,

  • (ii) the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state,

  • (iii) the victim of the alleged offence was a Canadian citizen, or

  • (iv) the victim of the alleged offence was a citizen of a state that was allied with Canada in an armed conflict; or

• (b) after the time the offence is alleged to have been committed, the person is present in Canada.

Procedure and Defences

Marginal note:Place of trial

• 9 (1) Proceedings for an offence under this Act alleged to have been committed outside Canada for which a person may be prosecuted under this Act may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Presence of accused at trial

  (2) For greater certainty, in a proceeding commenced in any territorial division under subsection (1), the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and any exceptions to those requirements apply.

• Marginal note:Personal consent of Attorney General

  (3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) or (2.1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf.

• Marginal note:Consent of Attorney General

  (4) No proceedings for an offence under section 18 may be commenced without the consent of the Attorney General of Canada.

Marginal note:Evidence and procedure

Footnote ^*10 Proceedings for an offence alleged to have been committed before the coming into force of this section shall be conducted in accordance with the laws of evidence and procedure in force at the time of the proceedings.

• Return to footnote ^*[Note: Section 10 in force October 23, 2000, see SI/2000-95.]

Marginal note:Defences

11 In proceedings for an offence under any of sections 4 to 7, the accused may, subject to sections 12 to 14 and to subsection 607(6) of the Criminal Code, rely on any justification, excuse or defence available under the laws of Canada or under international law at the time of the alleged offence or at the time of the proceedings.

Marginal note:When previously tried outside Canada

• 12 (1) If a person is alleged to have committed an act or omission that is an offence under this Act, and the person has been tried and dealt with outside Canada in respect of the offence in such a manner that, had they been tried and dealt with in Canada, they would be able to plead autrefois acquit, autrefois convict or pardon, the person is deemed to have been so tried and dealt with in Canada.

• Marginal note:Exception

  (2) Despite subsection (1), a person may not plead autrefois acquit, autrefois convict or pardon in respect of an offence under any of sections 4 to 7 if the person was tried in a court of a foreign state or territory and the proceedings in that court

  • (a) were for the purpose of shielding the person from criminal responsibility; or

  • (b) were not otherwise conducted independently or impartially in accordance with the norms of due process recognized by international law, and were conducted in a manner that, in the circumstances, was inconsistent with an intent to bring the person to justice.

Marginal note:Conflict with internal law

13 Despite section 15 of the Criminal Code, it is not a justification, excuse or defence with respect to an offence under any of sections 4 to 7 that the offence was committed in obedience to or in conformity with the law in force at the time and in the place of its commission.

Marginal note:Defence of superior orders

• 14 (1) In proceedings for an offence under any of sections 4 to 7, it is not a defence that the accused was ordered by a government or a superior — whether military or civilian — to perform the act or omission that forms the subject-matter of the offence, unless

  • (a) the accused was under a legal obligation to obey orders of the government or superior;

  • (b) the accused did not know that the order was unlawful; and

  • (c) the order was not manifestly unlawful.

• Marginal note:Interpretation — manifestly unlawful

  (2) For the purpose of paragraph (1)(c), orders to commit genocide or crimes against humanity are manifestly unlawful.

• Marginal note:Limitation — belief of accused

  (3) An accused cannot base their defence under subsection (1) on a belief that an order was lawful if the belief was based on information about a civilian population or an identifiable group of persons that encouraged, was likely to encourage or attempted to justify the commission of inhumane acts or omissions against the population or group.

Parole Eligibility

Marginal note:Parole eligibility

• 15 (1) The following sentence shall be pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 4 or 6:

  • (a) imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, if a planned and deliberate killing forms the basis of the offence;

  • (b) imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, if an intentional killing that is not planned and deliberate forms the basis of the offence, and

    • (i) the person has previously been convicted of an offence under section 4 or 6 that had, as its basis, an intentional killing, whether or not it was planned and deliberate, or

    • (ii) the person has previously been convicted of culpable homicide that is murder, however described in the Criminal Code;

  • (c) imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted for it under section 745.4 of the Criminal Code, if an intentional killing that is not planned and deliberate forms the basis of the offence; and

  • (d) imprisonment for life with normal eligibility for parole, in any other case.

• Marginal note:Parole eligibility

  (1.1) The sentence pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 5 or 7 shall be imprisonment for life with normal eligibility for parole.

• Marginal note:Provisions of Criminal Code apply

  (2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of life imprisonment imposed under this Act, and, for the purpose of applying those provisions,

  • (a) a reference in sections 745.1, 745.3, 745.5 and 746.1 of the Criminal Code to first degree murder is deemed to be a reference to an offence under section 4 or 6 of this Act when a planned and deliberate killing forms the basis of the offence;

  • (b) a reference in sections 745.1 to 745.5 and 746.1 of the Criminal Code to second degree murder is deemed to be a reference to an offence under section 4 or 6 of this Act when an intentional killing that is not planned and deliberate forms the basis of the offence;

  • (c) a reference in sections 745.4 and 746 of the Criminal Code to section 745 of that Act is deemed to be a reference to subsection (1) or (1.1) of this section;

  • (d) a reference in section 745.6 of the Criminal Code to the province in which a conviction took place is deemed, in respect of a conviction that took place outside Canada, to be a reference to the province in which the offender is incarcerated when the offender makes an application under that section; and

  • (e) a reference in section 745.6 of the Criminal Code to murder is deemed to be a reference to an offence under section 4 or 6 of this Act when an intentional killing forms the basis of the offence.

• Marginal note:Minimum punishment

  (3) For the purpose of Part XXIII of the Criminal Code, the sentence of imprisonment for life prescribed by sections 4 and 6 is a minimum punishment when an intentional killing forms the basis of the offence.

Offences Against the Administration of Justice

Marginal note:Obstructing justice

• 16 (1) Every person who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice of the International Criminal Court is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

• Marginal note:When deemed to have obstructed justice

  (2) Without restricting the generality of subsection (1), every person is deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing or proposed proceeding of the International Criminal Court

  • (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or

  • (b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.

Marginal note:Obstructing officials

17 Every person who resists or wilfully obstructs an official of the International Criminal Court in the execution of their duty or any person lawfully acting in aid of such an official

• (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or

• (b) is guilty of an offence punishable on summary conviction.

Marginal note:Bribery of judges and officials

18 Every person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years who

• (a) being a judge or an official of the International Criminal Court, corruptly accepts, obtains, agrees to accept or attempts to obtain for themselves or any other person any money, valuable consideration, office, place or employment

  • (i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

  • (ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court; or

• (b) gives or offers, corruptly, to a judge or an official of the International Criminal Court, any money, valuable consideration, office, place or employment

  • (i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

  • (ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court.

Marginal note:Perjury

• 19 (1) Subject to subsection (5), every person commits perjury who, with intent to mislead, makes a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, before a judge of the International Criminal Court or an official of that Court who is authorized by the Court to permit statements to be made before them.

• Marginal note:Video links, etc.

  (2) Subject to subsection (5), every person who gives evidence under subsection 46(2) of the Canada Evidence Act, or gives evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard.

• Marginal note:Punishment

  (3) Every person who commits perjury is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

• Marginal note:Application

  (4) Subsection (1) applies whether or not a statement is made in a judicial proceeding of the International Criminal Court.

• Marginal note:Application

  (5) Subsections (1) and (2) do not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.

Marginal note:Witness giving contradictory evidence

• 20 (1) Every person who, being a witness in a proceeding of the International Criminal Court, gives evidence with respect to any matter of fact or knowledge and who later, in a proceeding of that Court, gives evidence that is contrary to their previous evidence, and who, in giving evidence in either proceeding, intends to mislead, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, whether or not the prior or later evidence is true.

• Marginal note:Evidence in specific cases

  (2) Evidence given under section 714.1, 714.2 or 714.3 of the Criminal Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act, is deemed to be evidence given by a witness in a proceeding for the purpose of subsection (1).

• Marginal note:Meaning of evidence

  (3) Despite the definition evidence in section 118 of the Criminal Code, for the purpose of this section, evidence does not include evidence that is not material.

• Marginal note:Proof of former trial

  (4) If a person is charged with an offence under this section, a certificate that specifies with reasonable particularity the proceeding in which the person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a proceeding of the International Criminal Court, without proof of the signature or official character of the person by whom the certificate purports to be signed, if it purports to be signed by the Registrar of that Court or another official having the custody of the record of that proceeding or by their lawful deputy.

Marginal note:Fabricating evidence

21 Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in an existing or proposed proceeding of the International Criminal Court, by any means other than perjury or incitement to perjury, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

Marginal note:Offences relating to affidavits

22 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who, in respect of an existing or proposed proceeding of the International Criminal Court,

• (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before them when the writing was not so sworn or declared or when they know that they have no authority to administer the oath or declaration;

• (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that they know was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized to administer the oath or declaration; or

• (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by them, as the case may be, when the writing was not so sworn or declared.

Marginal note:Intimidation

23 Every person who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that the person has a lawful right to do, or to do anything that the person has a lawful right to abstain from doing, in relation to a proceeding of the International Criminal Court, causes the person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them

• (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

• (b) is guilty of an offence punishable on summary conviction.

Meaning of internationally protected person

24 For greater certainty, the definition internationally protected person in section 2 of the Criminal Code includes judges and officials of the International Criminal Court.

Marginal note:Offences against the International Criminal Court — outside Canada

• 25 (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission in relation to the International Criminal Court that if committed in Canada would be an offence under any of sections 16 to 23, or would be contempt of court by virtue of section 9 of the Criminal Code, is deemed to have committed that act or omission in Canada.

• Marginal note:Offences against the International Criminal Court — outside Canada

  (2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence or a contempt of court under subsection (1) is deemed to have committed that act or omission in Canada.

Marginal note:Retaliation against witnesses — outside Canada

• 26 (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission against a person or a member of the person’s family in retaliation for the person having given testimony before the International Criminal Court, that if committed in Canada would be an offence under any of sections 235, 236, 264.1, 266 to 269, 271 to 273, 279 to 283, 430, 433 and 434 of the Criminal Code, is deemed to have committed that act or omission in Canada.

• Marginal note:Retaliation against witnesses — outside Canada

  (2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence under subsection (1) is deemed to have committed that act or omission in Canada.

27 to 29 [Repealed, 2001, c. 32, s. 60]

Crimes Against Humanity Fund

Marginal note:Fund established

• 30 (1) There is hereby established a fund, to be known as the Crimes Against Humanity Fund, into which shall be paid

  • (a) all money obtained through enforcement in Canada of orders of the International Criminal Court for reparation or forfeiture or orders of that Court imposing a fine;

  • (b) all money obtained in accordance with section 31; and

  • (c) any money otherwise received as a donation to the Crimes Against Humanity Fund.

• Marginal note:Payment out of Fund

  (2) The Attorney General of Canada may make payments out of the Crimes Against Humanity Fund, with or without a deduction for costs, to the International Criminal Court, the Trust Fund established under article 79 of the Rome Statute, victims of offences under this Act or of offences within the jurisdiction of the International Criminal Court, and to the families of those victims, or otherwise as the Attorney General of Canada sees fit.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations respecting the administration and management of the Crimes Against Humanity Fund.

Marginal note:Credits to Fund

31 The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

• (a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is

  • (i) proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code, obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and

  • (ii) forfeited to Her Majesty and disposed of by that Minister; and

• (b) any amount paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a).

Marginal note:Partial exclusion of Seized Property Management Act

32 Paragraphs 9(d), (e) and (f) and sections 10, 11 and 13 to 16 of the Seized Property Management Act do not apply in respect of any property, proceeds of property or amounts referred to in section 31.

Consequential Amendments

33 to 75 [Amendments]

Conditional Amendment

76 and 76.1 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*77 The provisions of this Act and the provisions of any Act enacted or amended by this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force October 23, 2000, see SI/2000-95.]