OFFENCES WITHIN CANADA
Breach of responsibility by military commander
*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 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 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.
*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]

OFFENCES WITHIN CANADA
5.
Definitions
(4) The definitions in this subsection apply in this section.
"military commander" « chef militaire »
"military commander" includes a person effectively acting as a military commander
and a person who commands police with a degree of authority and control
comparable to a military commander.

OFFENCES OUTSIDE CANADA
Breach of responsibility by military commander
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.

OFFENCES OUTSIDE CANADA
7.
Definitions
(6) The definitions in this subsection apply in this section.
"military commander" « chef militaire »
"military commander" includes a person effectively acting as a military commander
and a person who commands police with a degree of authority and control
comparable to a military commander.

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 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 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.

Crimes Against Humanity and War Crimes Act 2000

5. (4) The definitions in this subsection apply in this section

«chef militaire»
“military commander” includes a person effectively acting as a military commander and a person who commands police with a degree of authority and control comparable to a military commander.

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 7

(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.

This provision follows the ICC Statute.

 

The CAHWCA 2000 imposes a duty on commanders to act in a timely fashion in preventing or repressing the commission of an offence, requiring them to act "as soon as practicable." The requirement of timeliness is not expressly set out in the Rome Statute, although it is probable that gross delay would lead to the conclusion that a commander had not taken "all necessary and reasonable measure."