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

Act current to 2019-11-19 and last amended on 2019-09-19. Previous Versions

Offences Against the Administration of Justice (continued)

Marginal note:Obstructing officials

 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

 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

  •  (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

  •  (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.

  • 2000, c. 24, s. 20
  • 2019, c. 25, s. 399

Marginal note:Fabricating evidence

 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

 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

 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

 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

  •  (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

  •  (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.

 
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