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.
3
Punishment
(2) Every person who commits an offence under subsection (1) or (1.1)
(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
(b) is liable to imprisonment for life, in any other case.

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.

Punishment
(2) Every person who commits an offence under subsection (1) or (1.1)
(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
(b) is liable to imprisonment for life, in any other case.

OFFENCES WITHIN CANADA

4. Genocide, etc., committed in Canada

(1) Every person is guilty of an indictable offence who commits

(a) genocide;
(b) a crime against humanity; or
(c) a war crime.


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.


4. Punishment

(2) Every person who commits an offence under subsection (1) or (1.1)
(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
(b) is liable to imprisonment for life, in any other case.

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.


6. Punishment

(2) Every person who commits an offence under subsection (1) or (1.1)

(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
(b) is liable to imprisonment for life, in any other case.

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.

(2) Every person who commits an offence under subsection (1) or (1.1)

(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
(b) is liable to imprisonment for life, in any other case.

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.

(2) Every person who commits an offence under subsection (1) or (1.1)

(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and

(b) is liable to imprisonment for life, in any other case.

This provision is wider than the ICC Statute.

 

The CAHWCA 2000 imposes a mandatory life sentence for war crimes that involve intentional killing (such as wilfull killing). This is not the case with the Rome Statute, which imposes no mandatory sentences. Otherwise, war crimes attract the maximum penalty of life imprisionment, reflecting the provisions of the Rome Statute.