OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
Obstructing 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.

When deemed to have obstructed justice
(2) 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
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt
means from giving evidence; or
(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt
consideration to abstain from giving evidence.

Obstructing officials
17. 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
(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than two years; or
(b) is guilty of an offence punishable on summary conviction.

Bribery of judges and officials
18. Every person is guilty of an indictable offence and is liable to imprisonment for
a term of not more than 14 years who
(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
(i) in respect of anything done or omitted or to be done or omitted by them in
their official capacity, or
(ii) with intent to interfere in any other way with the administration of justice of
the International Criminal Court; or
(b) gives or offers, corruptly, to a judge or an official of the International Criminal
Court, any money, valuable consideration, office, place or employment
(i) in respect of anything done or omitted or to be done or omitted by them in
their official capacity, or
(ii) with intent to interfere in any other way with the administration of justice of
the International Criminal Court.

Perjury
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.

Video links, etc.
(2) 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.

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

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

Application
(5) 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.

Witness 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.

Evidence in specific cases
(2) Evidence given under section 714.1, 714.2, 714.3 or 714.4 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).

Meaning of "evidence"
(3) 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.

Proof of former trial
(4) 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.

Fabricating evidence
21. 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.

Offences relating to affidavits
22. 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.

Intimidation
23. 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"
24. For greater certainty, the definition "internationally protected person" in section
2 of the Criminal Code includes judges and officials of the International Criminal Court.

Offences 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.

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.

Retaliation 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.

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.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


16. Obstructing justice

(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. When deemed to have obstructed justice

(2) 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

(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt
means from giving evidence; or
(b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt
consideration to abstain from giving evidence.


17. Obstructing 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

(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than two years; or
(b) is guilty of an offence punishable on summary conviction.


18. Bribery 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

(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
(i) in respect of anything done or omitted or to be done or omitted by them in
their official capacity, or
(ii) with intent to interfere in any other way with the administration of justice of
the International Criminal Court; or
(b) gives or offers, corruptly, to a judge or an official of the International Criminal
Court, any money, valuable consideration, office, place or employment
(i) in respect of anything done or omitted or to be done or omitted by them in
their official capacity, or
(ii) with intent to interfere in any other way with the administration of justice of
the International Criminal Court.


19. Perjury


(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. Video links, etc.

(2) 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. Punishment

(3) 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. Application

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


19. Application

(5) 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.


20. Witness giving contradictory evidence

(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. Evidence in specific cases

(2) Evidence given under section 714.1, 714.2, 714.3 or 714.4 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. Meaning of "evidence"

(3) 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. Proof of former trial

(4) 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.


21. Fabricating 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.


22. 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.


23. 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.


24. 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.


25. 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.


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.


26. 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.


26. 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.

Crimes Against Humanity and War Crimes Act 2000

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.

(2) 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

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

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

17. 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

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

(b) is guilty of an offence punishable on summary conviction.

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

(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

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

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

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

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

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

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.

(2) 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.

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

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

(5) 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.

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.

(2) Evidence given under, , section 714.1, 714.2, 714.3 or 714.4 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).

(3) 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.

(4) 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.

21. 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.

22. 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 .

23. 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 .

24. For greater certainty, the definition “internationally protected person” in section 2 of the Criminal Code includes judges and officials of the International Criminal Court.

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.

(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.

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.

(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.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.

This provision is wider than the ICC Statute.

The maximum sentences for offences against the administration of justice under the CAHWCA 2000 are, in general, longer than those prescribed in the Rome Statute.