GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Crimes Against Humanity and War Crimes Act — C-45.9 14
Defence of superior orders 14 (1) In proceedings for an offence under any of sections 4 to 7, it is not a defence that the accused was ordered by a government or a superior — whether military or civilian — to perform the act or omission that forms the subject-matter of the offence, unless (a) the accused was under a legal obligation to obey orders of the government or superior; (b) the accused did not know that the order was unlawful; and (c) the order was not manifestly unlawful. Interpretation — manifestly unlawful (2) For the purpose of paragraph (1)(c), orders to commit genocide or crimes against humanity are manifestly unlawful. 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.
Crimes Against Humanity and War Crimes Act — C-45.9 16
Obstructing justice 16 (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. When deemed to have obstructed justice (2) Without restricting the generality of subsection (1), every person is deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in an existing or proposed proceeding of the International Criminal Court (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; or (b) accepts, obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence.
Crimes Against Humanity and War Crimes Act — C-45.9 17
Obstructing officials 17 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.
Crimes Against Humanity and War Crimes Act — C-45.9 18
Bribery of judges and officials 18 Every person is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years who (a) being a judge or an official of the International Criminal Court, corruptly accepts, obtains, agrees to accept or attempts to obtain for themselves or any other person any money, valuable consideration, office, place or employment (i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or (ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court; or (b) gives or offers, corruptly, to a judge or an official of the International Criminal Court, any money, valuable consideration, office, place or employment (i) in respect of anything done or omitted or to be done or omitted by them in their official capacity, or (ii) with intent to interfere in any other way with the administration of justice of the International Criminal Court.
Crimes Against Humanity and War Crimes Act — C-45.9 19
Perjury 19 (1) Subject to subsection (5), every person commits perjury who, with intent to mislead, makes a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false, before a judge of the International Criminal Court or an official of that Court who is authorized by the Court to permit statements to be made before them. Video links, etc. (2) Subject to subsection (5), every person who gives evidence under subsection 46(2) of the Canada Evidence Act , or gives evidence or a statement under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act , commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard. Punishment (3) Every person who commits perjury is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. Application (4) Subsection (1) applies whether or not a statement is made in a judicial proceeding of the International Criminal Court. Application (5) Subsections (1) and (2) do not apply to a statement that is made by a person who is not specially permitted, authorized or required by law to make that statement.
Crimes Against Humanity and War Crimes Act — C-45.9 20
Witness giving contradictory evidence 20 (1) Every person who, being a witness in a proceeding of the International Criminal Court, gives evidence with respect to any matter of fact or knowledge and who later, in a proceeding of that Court, gives evidence that is contrary to their previous evidence, and who, in giving evidence in either proceeding, intends to mislead, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years, whether or not the prior or later evidence is true. Evidence in specific cases (2) Evidence given under section 714.1, 714.2 or 714.3 of the Criminal Code or subsection 46(2) of the Canada Evidence Act or evidence or a statement given under an order made under section 22.2 of the Mutual Legal Assistance in Criminal Matters Act , is deemed to be evidence given by a witness in a proceeding for the purpose of subsection (1). Meaning of evidence (3) Despite the definition evidence in section 118 of the Criminal Code , for the purpose of this section, evidence does not include evidence that is not material. Proof of former trial (4) If a person is charged with an offence under this section, a certificate that specifies with reasonable particularity the proceeding in which the person is alleged to have given the evidence in respect of which the offence is charged, is evidence that it was given in a proceeding of the International Criminal Court, without proof of the signature or official character of the person by whom the certificate purports to be signed, if it purports to be signed by the Registrar of that Court or another official having the custody of the record of that proceeding or by their lawful deputy. 2000, c. 24, s. 20 2019, c. 25, s. 399
Crimes Against Humanity and War Crimes Act — C-45.9 21
Fabricating evidence 21 Every person who, with intent to mislead, fabricates anything with intent that it be used as evidence in an existing or proposed proceeding of the International Criminal Court, by any means other than perjury or incitement to perjury, is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.
Crimes Against Humanity and War Crimes Act — C-45.9 22
Offences relating to affidavits 22 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than two years who, in respect of an existing or proposed proceeding of the International Criminal Court, (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before them when the writing was not so sworn or declared or when they know that they have no authority to administer the oath or declaration; (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that they know was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized to administer the oath or declaration; or (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by them, as the case may be, when the writing was not so sworn or declared.
Crimes Against Humanity and War Crimes Act — C-45.9 23
Intimidation 23 Every person who, wrongfully and without lawful authority, for the purpose of compelling another person to abstain from doing anything that the person has a lawful right to do, or to do anything that the person has a lawful right to abstain from doing, in relation to a proceeding of the International Criminal Court, causes the person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) is guilty of an offence punishable on summary conviction.
Crimes Against Humanity and War Crimes Act — C-45.9 24
Meaning of internationally protected person 24 For greater certainty, the definition internationally protected person in section 2 of the Criminal Code includes judges and officials of the International Criminal Court.
Crimes Against Humanity and War Crimes Act — C-45.9 25
Offences against the International Criminal Court — outside Canada 25 (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. 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.
Crimes Against Humanity and War Crimes Act — C-45.9 26
Retaliation against witnesses — outside Canada 26 (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. 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.
Crimes Against Humanity and War Crimes Act — C-45.9 30
Fund established 30 (1) There is hereby established a fund, to be known as the Crimes Against Humanity Fund, into which shall be paid (a) all money obtained through enforcement in Canada of orders of the International Criminal Court for reparation or forfeiture or orders of that Court imposing a fine; (b) all money obtained in accordance with section 31; and (c) any money otherwise received as a donation to the Crimes Against Humanity Fund. Payment out of Fund (2) The Attorney General of Canada may make payments out of the Crimes Against Humanity Fund, with or without a deduction for costs, to the International Criminal Court, the Trust Fund established under article 79 of the Rome Statute, victims of offences under this Act or of offences within the jurisdiction of the International Criminal Court, and to the families of those victims, or otherwise as the Attorney General of Canada sees fit. Regulations (3) The Governor in Council may make regulations respecting the administration and management of the Crimes Against Humanity Fund.
Crimes Against Humanity and War Crimes Act — C-45.9 31
Credits to Fund 31 The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund (a) the net amount received from the disposition of any property referred to in subsections 4(1) to (3) of the Seized Property Management Act that is (i) proceeds of crime within the meaning of subsection 462.3(1) of the Criminal Code , obtained or derived directly or indirectly as a result of the commission of an offence under this Act, and (ii) forfeited to Her Majesty and disposed of by that Minister; and (b) any amount paid or recovered as a fine imposed under subsection 462.37(3) of the Criminal Code in substitution for the property referred to in paragraph (a). 2000, c. 24, s. 31; 2001, c. 32, s. 61 2019, c. 29, s. 122(F)
Crimes Against Humanity and War Crimes Act — C-45.9 32
Partial exclusion of Seized Property Management Act 32 Paragraphs 9(d), (e) and (f) and sections 10, 11 and 13 to 16 of the Seized Property Management Act do not apply in respect of any property, proceeds of property or amounts referred to in section 31. 2000, c. 24, s. 32 2019, c. 29, s. 123(F)
Crimes Against Humanity and War Crimes Act — C-45.9 Coming into force
Coming into force * 77 The provisions of this Act and the provisions of any Act enacted or amended by this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force October 23, 2000, see SI/2000-95.]
Crimes Against Humanity and War Crimes Act — C-45.9 (a)
For the purpose of this Statute, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) killing members of the group; (b) causing serious bodily or mental harm to members of the group; (c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) imposing measures intended to prevent births within the group; (e) forcibly transferring children of the group to another group.
Crimes Against Humanity and War Crimes Act — C-45.9 (b)
(b) causing serious bodily or mental harm to members of the group;
Crimes Against Humanity and War Crimes Act — C-45.9 (c)
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
Crimes Against Humanity and War Crimes Act — C-45.9 (d)
(d) imposing measures intended to prevent births within the group;
Crimes Against Humanity and War Crimes Act — C-45.9 (e)
(e) forcibly transferring children of the group to another group.
Crimes Against Humanity and War Crimes Act — C-45.9 1
1 For the purpose of this Statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) murder; (b) extermination; (c) enslavement; (d) deportation or forcible transfer of population; (e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) torture; (g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) enforced disappearance of persons; (j) the crime of apartheid; (k) other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
Crimes Against Humanity and War Crimes Act — C-45.9 (d)
(d) deportation or forcible transfer of population;
Crimes Against Humanity and War Crimes Act — C-45.9 (e)
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
Crimes Against Humanity and War Crimes Act — C-45.9 (g)
(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
Crimes Against Humanity and War Crimes Act — C-45.9 (h)
(h) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
Crimes Against Humanity and War Crimes Act — C-45.9 (k)
(k) other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
Crimes Against Humanity and War Crimes Act — C-45.9 2
2 For the purpose of paragraph 1: (a) attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack; (b) extermination includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; (c) enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children; (d) deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law; (e) torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; (f) forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy; (g) persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; (h) the crime of apartheid means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime; (i) enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
Crimes Against Humanity and War Crimes Act — C-45.9 (a)
(a) attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
Crimes Against Humanity and War Crimes Act — C-45.9 (b)
(b) extermination includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
Crimes Against Humanity and War Crimes Act — C-45.9 (c)
(c) enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
Crimes Against Humanity and War Crimes Act — C-45.9 (d)
(d) deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
Crimes Against Humanity and War Crimes Act — C-45.9 (e)
(e) torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
Crimes Against Humanity and War Crimes Act — C-45.9 (f)
(f) forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
Crimes Against Humanity and War Crimes Act — C-45.9 (g)
(g) persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
Crimes Against Humanity and War Crimes Act — C-45.9 (h)
(h) the crime of apartheid means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
Crimes Against Humanity and War Crimes Act — C-45.9 (i)
(i) enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
Crimes Against Humanity and War Crimes Act — C-45.9 3
3 For the purpose of this Statute, it is understood that the term “gender” refers to the two sexes, male and female, within the context of society. The term “gender” does not indicate any meaning different from the above.