OFFENCES WITHIN CANADA

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 WITHIN CANADA

Punishment

(3) Every person who commits an offence under subsection (1), (2) or (2.1) is
liable to imprisonment for life.

OFFENCES OUTSIDE CANADA

Punishment

(4) Every person who commits an offence under subsection (1), (2) or (2.1) is
liable to imprisonment for life.

PAROLE ELIGIBILITY

Minimum punishment

(3) For the purpose of Part XXIII of the Criminal Code, the sentence of
imprisonment for life prescribed by sections 4 and 6 is a minimum punishment when
an intentional killing forms the basis of the offence.

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

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.

(3) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for live.

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.

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.

(3) A person who is alleged to have committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in accordance with. section 8.

(4) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life.

Crimes Against Humanity and War Crimes Act 2000

15. (1) The following sentence shall be pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 4 or: 6:

(a) imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, if a planned and deliberate killing forms the basis of the offence;

(b) imprisonment for life without eligibility for parole until the person has served 25 years of the sentence, if an intentional killing that is not planned and deliberate forms the basis of the offence, and

(i) the person has previously been convicted of an offence under section 4 or 6 that had, as its basis, an intentional killing, whether or not it was planned and deliberate, or

(ii) the person has previously been convicted of culpable homicide that is murder, however described in the; Criminal Code ;

(c) imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted for it under section 745.4 of the, Criminal Code, if an intentional killing that is not planned and deliberate forms the basis of the offence; and

(d) imprisonment for life with normal eligibility for parole, in any other case.

(1.1) The sentence pronounced against a person who is to be sentenced to imprisonment for life for an offence under section 5 or 7 shall be imprisonment for life with normal eligibility for parole.

(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications thatthe circumstances require, to a sentence of life imprisonment imposed under this Act, and, for the purpose of applying those provisions,

(a) a reference in, , sections 745.1, 745.3, 745.5 and 746.1 of the Criminal Code to first degree murder is deemed to be a reference to an offence under section 4 or 6 of this Act when a planned and deliberate killing forms the basis of the offence;

(b) a reference in sections 745.1 to 745.5 and 746.1 of the Criminal Code to second degree murder is deemed to be a reference to an offence under section 4 or 6 of this Act when an intentional killing that is not planned and deliberate forms the basis of the offence;

(c) a reference in sections 745.4 and 746 of the Criminal Code to section 745 of that Act is deemed to be a reference to subsection (1) or (1.1) of this section;

(d) a reference in section 745.6 of the Criminal Code to the province in which a conviction took place is deemed, in respect of a conviction that took place outside Canada, to be a reference to the province in which the offender is incarcerated when the offender makes an application under that section; and

(e) a reference in section 745.6 of the Criminal Code to murder is deemed to be a reference to an offence under section 4 or 6 of this Act when an intentional killing forms the basis of the offence.

(3) For the purpose of Part XXIII of the, Criminal Code, the sentence of imprisonment for life prescribed by sections 4 and 6 is a minimum punishment when an intentional killing forms the basis of the offence.