'Mistake of law - national proceedings' in document 'Canada: CAH and WC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PROCEDURE AND DEFENCES
Limitation -- belief of accused
(3) An accused cannot base their defence under subsection (1) on a belief that an
order was lawful if the belief was based on information about a civilian population or
an identifiable group of persons that encouraged, was likely to encourage or attempted
to justify the commission of inhumane acts or omissions against the population or
group.

ANALYSIS

This provision is narrower than the ICC Statute.

 

The defence of mistake of law is excluded if a mistake as to the lawful nature of an order was brought about by propogandist infromation that encouraged or justified the illegal acts which the accused is being prosecuted for. This appears to match the Rome Statute, which does not provide a defence of mistake of law if the defence is founded in a mistaken belief is that the unlawful conduct engaged in is lawful. However, it has a narrower ambit, as it only applies to beliefs applicable to superior orders.