Crimes Against Humanity and War Crimes Act

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Sections193

• 1Short title

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

• 2Definitions
• 2(1)

  The definitions in this subsection apply in this Act.

• 2(1)[p3]

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

• 2(1)[p3](a)

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

• 2(1)[p3](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)

• 2(1)[p6]

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

• 2(1)[p7]

  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)

• 2(1)[p8]

  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)

• 2(2)Words and Expressions

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

• 3Binding on Her Majesty

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

• 4Genocide, etc., committed in Canada
• 4(1)

  Every person is guilty of an indictable offence who commits

• 4(1)(a)

  genocide;

• 4(1)(b)

  a crime against humanity; or

• 4(1)(c)

  a war crime.

• 4(1.1)Conspiracy, attempt, etc.

  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.

• 4(2)Punishment

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

• 4(2)(a)

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

• 4(2)(b)

  is liable to imprisonment for life, in any other case.

• 4(3)Definitions

  The definitions in this subsection apply in this section.

• 4(3)[p21]

  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)

• 4(3)[p22]

  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)

• 4(3)[p23]

  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)

• 4(4)Interpretation — customary international law

  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.

• *5Breach of responsibility by military commander
• *5(1)

  A military commander commits an indictable offence if

• *5(1)(a)

  the military commander

• *5(1)(a)(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

• *5(1)(a)(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;

• *5(1)(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

• *5(1)(c)

  the military commander subsequently

• *5(1)(c)(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

• *5(1)(c)(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. [Note: Section 5 in force October 23, 2000, see SI/2000-95.]

• *5*(2)Breach of responsibility by a superior

  A superior commits an indictable offence if

• *5*(2)(a)

  the superior

• *5*(2)(a)(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

• *5*(2)(a)(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;

• *5*(2)(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;

• *5*(2)(c)

  the offence relates to activities for which the superior has effective authority and control; and

• *5*(2)(d)

  the superior subsequently

• *5*(2)(d)(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

• *5*(2)(d)(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. [Note: Section 5 in force October 23, 2000, see SI/2000-95.]

• *5(2.1)Conspiracy, attempt, etc.

  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.

• *5(3)Punishment

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

• *5(4)Definitions

  The definitions in this subsection apply in this section.

• *5(4)[p46]

  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)

• *5(4)[p47]

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

• 6Genocide, etc., committed outside Canada
• 6(1)

  Every person who, either before or after the coming into force of this section, commits outside Canada is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.

• 6(1)(a)

  genocide,

• 6(1)(b)

  a crime against humanity, or

• 6(1)(c)

  a war crime,

• 6(1.1)Conspiracy, attempt, etc.

  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.

• 6(2)Punishment

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

• 6(2)(a)

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

• 6(2)(b)

  is liable to imprisonment for life, in any other case.

• 6(3)Definitions

  The definitions in this subsection apply in this section.

• 6(3)[p58]

  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)

• 6(3)[p59]

  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)

• 6(3)[p60]

  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)

• 6(4)Interpretation — customary international law

  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.

• 6(5)Interpretation — crimes against humanity

  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:

• 6(5)(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

• 6(5)(b)

  the Proclamation by the Supreme Commander for the Allied Powers, dated January 19, 1946.

• 7Breach of responsibility by military commander
• 7(1)

  A military commander commits an indictable offence if

• 7(1)(a)

  the military commander, outside Canada,

• 7(1)(a)(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

• 7(1)(a)(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;

• 7(1)(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

• 7(1)(c)

  the military commander subsequently

• 7(1)(c)(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

• 7(1)(c)(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.

• 7(2)Breach of responsibility by a superior

  A superior commits an indictable offence if

• 7(2)(a)

  the superior, outside Canada,

• 7(2)(a)(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

• 7(2)(a)(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;

• 7(2)(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;

• 7(2)(c)

  the offence relates to activities for which the superior has effective authority and control; and

• 7(2)(d)

  the superior subsequently

• 7(2)(d)(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

• 7(2)(d)(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.

• 7(2.1)Conspiracy, attempt, etc.

  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.

• 7(3)Jurisdiction

  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.

• 7(4)Punishment

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

• 7*(5)Application before coming into force

  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. [Note: Section 7 in force October 23, 2000, see SI/2000-95.]

• 7(6)Definitions

  The definitions in this subsection apply in this section.

• 7(6)[p88]

  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)

• 7(6)[p89]

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

• 8Jurisdiction

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

• 8(a)

  at the time the offence is alleged to have been committed,

• 8(a)(i)

  the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,

• 8(a)(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,

• 8(a)(iii)

  the victim of the alleged offence was a Canadian citizen, or

• 8(a)(iv)

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

• 8(b)

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

• 9Place 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.

• 9(2)Presence of accused at trial

  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.

• 9(3)Personal consent of Attorney General

  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.

• 9(4)Consent of Attorney General

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

• *10Evidence and procedure

  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. [Note: Section 10 in force October 23, 2000, see SI/2000-95.]

• 11Defences

  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.

• 12When 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.

• 12(2)Exception

  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

• 12(2)(a)

  were for the purpose of shielding the person from criminal responsibility; or

• 12(2)(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.

• 13Conflict with internal law

  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.

• 14Defence 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

• 14(1)(a)

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

• 14(1)(b)

  the accused did not know that the order was unlawful; and

• 14(1)(c)

  the order was not manifestly unlawful.

• 14(2)Interpretation — manifestly unlawful

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

• 14(3)Limitation — belief of accused

  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.

• 15Parole 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:

• 15(1)(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;

• 15(1)(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

• 15(1)(b)(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

• 15(1)(b)(ii)

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

• 15(1)(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

• 15(1)(d)

  imprisonment for life with normal eligibility for parole, in any other case.

• 15(1.1)Parole eligibility

  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.

• 15(2)Provisions of Criminal Code apply

  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,

• 15(2)(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;

• 15(2)(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;

• 15(2)(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;

• 15(2)(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

• 15(2)(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.

• 15(3)Minimum punishment

  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.

• 16Obstructing 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.

• 16(2)When deemed to have obstructed justice

  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

• 16(2)(a)

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

• 16(2)(b)

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

• 17Obstructing 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

• 17(a)

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

• 17(b)

  is guilty of an offence punishable on summary conviction.

• 18Bribery 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

• 18(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

• 18(a)(i)

  in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

• 18(a)(ii)

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

• 18(b)

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

• 18(b)(i)

  in respect of anything done or omitted or to be done or omitted by them in their official capacity, or

• 18(b)(ii)

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

• 19Perjury
• 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.

• 19(2)Video links, etc.

  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.

• 19(3)Punishment

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

• 19(4)Application

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

• 19(5)Application

  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.

• 20Witness 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.

• 20(2)Evidence in specific cases

  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).

• 20(3)Meaning of evidence

  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.

• 20(4)Proof of former trial

  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.

• 21Fabricating 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.

• 22Offences 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,

• 22(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;

• 22(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

• 22(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.

• 23Intimidation

  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

• 23(a)

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

• 23(b)

  is guilty of an offence punishable on summary conviction.

• 24Meaning 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.

• 25Offences 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.

• 25(2)Offences against the International Criminal Court — outside Canada

  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.

• 26Retaliation 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.

• 26(2)Retaliation against witnesses — outside Canada

  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 29Repealed

  [Repealed, 2001, c. 32, s. 60]

• 30Fund established
• 30(1)

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

• 30(1)(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;

• 30(1)(b)

  all money obtained in accordance with section 31; and

• 30(1)(c)

  any money otherwise received as a donation to the Crimes Against Humanity Fund.

• 30(2)Payment out of Fund

  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.

• 30(3)Regulations

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

• 31Credits to Fund

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

• 31(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

• 31(a)(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

• 31(a)(ii)

  forfeited to Her Majesty and disposed of by that Minister; and

• 31(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).

• 32Partial 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.

• 33 to 75

  [Amendments]

• 76 and 76.1

  [Amendments]

• *77Coming into force

  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. [Note: Act in force October 23, 2000, see SI/2000-95.]

• 377
• (3)Personal consent of Attorney General