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OFFENCES WITHIN CANADA
Genocide, etc., committed in Canada
4. (1) Every person is guilty of an indictable offence who commits
(a) genocide;
(b) a crime against humanity; or
(c) a war crime.
Conspiracy, attempt, etc.
(1.1) 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.
OFFENCES WITHIN CANADA
Breach of responsibility by military commander
*5. (1) A military commander commits an indictable offence if
(a) the military commander
(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
(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;
(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
(c) the military commander subsequently
(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
(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.]
Breach of responsibility by a superior
*(2) A superior commits an indictable offence if
(a) the superior
(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
(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;
(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;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(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
(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.]
Conspiracy, attempt, etc.
(2.1) 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.
OFFENCES OUTSIDE CANADA
6.
Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with section 8.
Conspiracy, attempt, etc.
(1.1) 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.
OFFENCES OUTSIDE CANADA
Breach of responsibility by military commander
7. (1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(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
(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;
(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
(c) the military commander subsequently
(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
(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.
Breach of responsibility by a superior
(2) A superior commits an indictable offence if
(a) the superior, outside Canada,
(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
(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;
(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;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(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
(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.
Conspiracy, attempt, etc.
(2.1) 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.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
25.
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.
OFFENCES WITHIN CANADA
4. Conspiracy, attempt, etc.
(1.1) 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.
OFFENCES WITHIN CANADA
5. Breach of responsibility by military commander
(1) A military commander commits an indictable offence if
(a) the military commander
(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
(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;
(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
(c) the military commander subsequently
(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
(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. Breach of responsibility by a superior
(2) A superior commits an indictable offence if
(a) the superior
(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
(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;
(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;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(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
(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. Conspiracy, attempt, etc.
(2.1) 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.
OFFENCES OUTSIDE CANADA
6. Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with section 8.
6. Conspiracy, attempt, etc.
(1.1) 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.
OFFENCES OUTSIDE CANADA
7. Breach of responsibility by military commander
(1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(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
(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;
(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
(c) the military commander subsequently
(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
(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. Breach of responsibility by a superior
(2) A superior commits an indictable offence if
(a) the superior, outside Canada,
(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
(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;
(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;
(c) the offence relates to activities for which the superior has effective authority
and control; and
(d) the superior subsequently
(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
(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. Conspiracy, attempt, etc.
(2.1) 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.
OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
25. 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.
Crimes Against Humanity and War Crimes Act 2000
4. (1) Every person is guilty of an indictable offence who commits
(a) genocide;
(b) a crime against humanity; or
(c) a war crime.
(1.1) 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,
Crimes Against Humanity and War Crimes Act 2000
5. (1) A military commander commits an indictable offence if
(a) the military commander
(i) fails to exercise control properly over a person under their effective
command and control or effective authority and control, and as a result theperson commits an offence under, section 4, or
(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;
(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
(c) the military commander subsequently
(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
(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.
(2) A superior commits an indictable offence if
(a) the superior
(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
(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;
(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;
(c) the offence relates to activities for which the superior has effective authority and control; and
(d) the superior subsequently
(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
(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.
(2.1) 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.
Crimes Against Humanity and War Crimes Act 2000
6. (1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with. section 8.
(1.1) 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.
Crimes Against Humanity and War Crimes Act 2000
7. (1) A military commander commits an indictable offence if
(a) the military commander, outside Canada,
(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
(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;
(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
(c) the military commander subsequently
(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
(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.
(2) A superior commits an indictable offence if
(a) the superior, outside Canada,
(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 (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;
(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;
(c) the offence relates to activities for which the superior has effective authority and control; and
(d) the superior subsequently
(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 underor, or
(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.
(2.1) 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.
Crimes Against Humanity and War Crimes Act 2000
25. (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.
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:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
This provision follows the ICC Statute.
The wording of the the CAHWCA 2000 should be interpreted as having the same meaning as the Criminal Code, unless otherwise provided (Section 2(2)). Section 24(1) of the Criminal Code states that "everyone who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence." The person must have taken a more than merely preparatory step towards undertaking the crime (Section 24(2)). This reflects the requirement in the Rome Statutes that a "substantial step" must have been taken, although may be interpreted to include a wider range of conduct than that envisaged to fall under Article 25. The Criminal Code also reflects the Rome Statute requirement that the crime does not occur due to independant factors, rather than through a voluntary withdrawal, as, in the case of withdrawal, the accused would not have the requisite intention.