PAROLE ELIGIBILITY
Parole eligibility
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.
Parole eligibility
(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.
Provisions of Criminal Code apply
(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that
the 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.
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.

PAROLE ELIGIBILITY


15. Parole eligibility

(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.


15. Parole eligibility

(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.



15. Provisions of Criminal Code apply

(2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that
the 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.


15. 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.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


16. Obstructing justice

(1) Every person who wilfully attempts in any manner to obstruct, pervert or
defeat the course of justice of the International Criminal Court is guilty of an indictable
offence and liable to imprisonment for a term of not more than 10 years.

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE


17. Obstructing officials

Every person who resists or wilfully obstructs an official of the International
Criminal Court in the execution of their duty or any person lawfully acting in aid of such
an official

(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than two years; or
(b) is guilty of an offence punishable on summary conviction.

PROCEEDS OF CRIME


27. Possession of property obtained by certain offences

(1) No person shall possess any property or any proceeds of property knowing
that all or part of the property or proceeds was obtained or derived directly or indirectly
as a result of

(a) an act or omission in Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 4;
(b) an act or omission outside Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 6;
(c) the commission of an offence under any of sections 5, 7, 16 to 23 and 28, or an
offence in respect of an act or omission referred to in section 25 or 26;
(d) the commission of an offence in respect of an act or omission referred to in
subsection 7(3) of the Criminal Code against a judge or official of the International
Criminal Court, or against any property referred to in section 431 of that Act used
by that judge or official; or
(e) a conspiracy or an attempt to commit, being a party to, being an accessory
after the fact in relation to, or any counselling in relation to, an offence referred to
in any of paragraphs (a) to (d).

27. Punishment

(2) Every person who contravenes subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than 10 years; or
(b) is guilty of an offence punishable on summary conviction and liable to
imprisonment for a term of not more than two years.


27. Exception

(3) A peace officer or a person acting under the direction of a peace officer is not
guilty of an offence under this section by reason only that they possess property or the
proceeds of property mentioned in subsection (1) for the purpose of an investigation or
otherwise in the execution of the peace officer's duties.


28. Laundering proceeds of certain offences

(1) No person shall use, transfer the possession of, send or deliver to any
person or place, transport, transmit, alter, dispose of or otherwise deal with, in any
manner or by any means, any property or any proceeds of property with intent to
conceal or convert the property or proceeds and knowing or believing that all or part of
the property or proceeds was obtained or derived directly or indirectly as a result of

(a) an act or omission in Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 4;
(b) an act or omission outside Canada that constituted genocide, a crime against
humanity or a war crime, as defined in section 6;
(c) the commission of an offence under any of sections 5, 7, 16 to 23 and 27, or an
offence in respect of an act or omission referred to in section 25 or 26;
(d) the commission of an offence in respect of an act or omission referred to in
subsection 7(3) of the Criminal Code against a judge or official of the International
Criminal Court, or against any property referred to in section 431 of that Act used
by that judge or official; or
(e) a conspiracy or an attempt to commit, being a party to, being an accessory
after the fact in relation to, or any counselling in relation to, an offence referred to
in any of paragraphs (a) to (d).


28. Punishment

(2) Every person who contravenes subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term of not
more than 10 years; or
(b) is guilty of an offence punishable on summary conviction and liable to
imprisonment for a term of not more than two years.


28. Exception

(3) A peace officer or a person acting under the direction of a peace officer is not
guilty of an offence under this section by reason only that they do any of the things
mentioned in subsection (1) for the purpose of an investigation or otherwise in the
execution of the peace officer's duties.


29. Part XII.2 of Criminal Code applicable

(1) The definitions "judge" and "proceeds of crime" in section 462.3 of the
Criminal Code, and sections 462.32 to 462.5 of that Act, apply with any modifications
that the circumstances require in respect of proceedings for an offence under this Act.


29. Enterprise crime offences

(2) For the purpose of subsection (1), the references in sections 462.32 to 462.47
of the Criminal Code to an enterprise crime offence are deemed to include references
to offences under this Act.

This provision is wider than the ICC Statute.

The CAHWCA 2000 provides Canadian courts have less discretion with regard to the sentences of certain offences than the ICC does, because the Canadian legislation sets out minimum sentences which do not exist in the Rome Statute scheme.