OFFENCES OUTSIDE CANADA


8. Jurisdiction


A person who is alleged to have committed an offence under section 6 or 7 may
be prosecuted for that offence if

(a) at the time the offence is alleged to have been committed,
(i) the person was a Canadian citizen or was employed by Canada in a civilian
or military capacity,

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


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.

This provision is wider than the ICC Statute.

The CAHWCA 2000 provides the courts of Canada with jurisdiction over foreign nationals who are employed as civilian or military contractors by the Canadian Government, creating a nexus between the state and their activity. This expansion of jurisdiction closes a potential loophole that may exist where a State is unable to prosecute military contractors, despite them being employed by the State.