Criminal Code of Canada

Part 1- General

PARTIES TO OFFENCES

(1) Every one is a party to an offence who

(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.

Criminal Code of Canada

Part 1- General

PARTIES TO OFFENCES

23. (1) An accessory after the fact to an of-fence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape.

Criminal Code of Canada

Part 1- General

PARTIES TO OFFENCES

23.1 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids or abets, counsels or procures or receives, comforts or assists cannot be convicted of the offence.

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission

This provision follows the ICC Statute.

The CAHWCA 2000 should be interpreted as having the same meaning as the Criminal Code, unless otherwise provided (CAHWCA 2000 Section 2(2)). Section 21(1)(c) of the Criminal Code makes clear that primary liability will accrue to those who do or omit to do anything for the purpose of aiding a purpose to commit a criminal act. Therefore, the prohibition on committing genocide, crimes against humanity and war crimes, contained in Sections 4(1) and 6(1) of the CAHWCA 2000, should be interpreted as including a prohibition on aiding those crimes.