OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE
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 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


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.

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

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.

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:
(b) Presenting evidence that the party knows is false or forged

This provision is wider than the ICC Statute.

The CAHWCA 2000 provides that any individual who commits this offence in Canada may be imprisioned for up to 14 years, which is significantly longer than the 5 year penalty allowed under the Rome Statute.