OFFENCES WITHIN CANADA
5.
Breach of responsibility by a superior
*(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.
*[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.
"superior" « supérieur »
"superior" means a person in authority, other than a military commander.

OFFENCES OUTSIDE CANADA
7.
Breach of responsibility by a superior
(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 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.
"superior" « supérieur »
"superior" means a person in authority, other than a military commander

Crimes Against Humanity and War Crimes Act 2000

5 (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.

Crimes Against Humanity and War Crimes Act 2000

7 (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.

Crimes Against Humanity and War Crimes Act 2000

7 (6) The definitions in this subsection apply in this section.

• “superior”

« supérieur »
“superior” means a person in authority, other than a military commander.

This provision follows the ICC Statute.

 

The CAHWCA 2000 imposes a duty on superiors 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 measures within his or her power to prevent or repress [the commission of the crime] or to submit the matter to the competent authorities for investigation and prosecution", as required under Article 28 of the Rome Statute.