OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
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.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
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.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


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.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


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.

Crimes Against Humanity and War Crimes Act 2000

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.

Crimes Against Humanity and War Crimes Act 2000

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.

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

This provision is both wider and narrower than the ICC Statute.

Section 19 of the CAHWCA 2000 prohibits the giving of false testimony where the person giving evidence has intent to mislead, whereas the Rome Statute only requires that false testimony is intentionally given. The Rome Statute potentially imposes a lesser burden on the prosecution than the CAHWCA 2000, as the offence may be proven when false evidence is given with the intention to protect family members or for other reasons. The offence applies outside the courtroom setting, and applies to the examination of witnesses examined in Canada by the ICC, in particular when the examination is conducted by video link, authorised by Canadian Courts under the Canada Evidence Act Section 46 and the Mutual Legal Assistance in Criminal Matters Act Section 22.2. The maximum penalty for this offence is 14 years imprisonment, compared to the 5 year maximum sentence allowed by the Rome Statute.