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


22 (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling.

Criminal Code of Canada

Part 1- General

PARTIES TO OFFENCES

22. (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled.

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.

Criminal Code of Canada

PART XIII - ATTEMPTS — CONSPIRACIES — ACCESSORIES

464. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,

(a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and

(b) every one who counsels another person to commit an offence punishable on summary conviction is, if the offence is not committed, guilty of an offence punishable on summary conviction.

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:
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted

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)). The criminal code provides that 'counsel' includes 'procure, solicit or incite' (Criminal Code Section 22(3)). This may be interpreted as including ordering.