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

Act current to 2021-11-17 and last amended on 2019-09-19. Previous Versions

Offences Against the Administration of Justice (continued)

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.

 [Repealed, 2001, c. 32, s. 60]

Crimes Against Humanity Fund

Marginal note:Fund established

  •  (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

 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

 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

 [Amendments]

Conditional Amendment

 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote * 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.

 
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