GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 13
Continuation of exemptions 13 Subject to section 9 of the James Bay and Northern Quebec Agreement, the tax and seizure exemptions regimes set out in sections 187 to 193 of the Cree-Naskapi (of Quebec) Act , as they read immediately before the day on which section 3 comes into force, continue to apply as provided in sections 14 to 20 .
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 14
Interpretation 14 (1) In this section and section 15 , Indian means (a) in subsection (2), a Cree beneficiary who is an Indian as defined in the Indian Act ; and (b) in section 15 , an Indian as defined in the Indian Act . Idem (2) For the purposes of this section and section 15 , personal property (a) that became the property of a Cree First Nation by virtue of section 13 or 13.1 of the Cree-Naskapi (of Quebec) Act , as they read immediately before the day on which section 3 comes into force, and had been purchased by Canada with money appropriated by Parliament, (b) that is purchased by Canada, after July 3, 1984, with money appropriated by Parliament for the use and benefit of Indians or Cree First Nations, or (c) that is given, after July 3, 1984, to Indians or to a Cree First Nation under a treaty or agreement between a Cree First Nation and Canada shall be deemed always to be situated on Category IA land.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 15
Property exempt from taxation 15 (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.2(1)(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.15 of the Agreement, the following property is exempt from taxation: (a) the interest of an Indian or a Cree First Nation in Category IA land; and (b) the personal property of an Indian or a Cree First Nation situated on Category IA land. Ownership, occupation, etc., of exempt property (2) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any Cree First Nation laws made pursuant to paragraph 6.2(1)(k) of the Agreement or any Cree Nation Government laws made pursuant to section 8.15 of the Agreement, (a) no Indian or Cree First Nation is subject to taxation in respect of the ownership, occupation, possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and (b) no succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property or the succession thereto if the property passes to an Indian.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 16
Interpretation 16 In sections 17 to 20 , Indian means an Indian as defined in the Indian Act .
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 17
Property exempt from seizure, etc. 17 (1) Subject to this section and sections 18 to 20 , movable and immovable property situated on Category IA land and belonging to a Cree beneficiary or an Indian ordinarily resident on Category IA land, and any right or interest of such a person in Category IA land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land. Property exempt from seizure, etc. (2) Subject to this section and sections 18 to 20 , movable and immovable property situated on Category IA land and belonging to a Cree First Nation is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Cree beneficiary, a Cree First Nation, the Cree Nation Government or an Indian ordinarily resident on Category IA land. Idem (3) The right or interest of a Cree First Nation in its Category IA land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person. Idem (4) A right or interest in Category IA land of a person other than a Cree beneficiary or a Cree First Nation, or the immovable property of such person situated on Category IA land, is not subject to attachment, levy, seizure or execution in favour of or at the instance of any person other than a Cree beneficiary or a Cree First Nation, except where the Cree First Nation has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation. Conditional sales (5) A person who sells movable property to (a) a Cree beneficiary, (b) an Indian ordinarily resident on Category IA land, or (c) a Cree First Nation under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA land.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 18
Property deemed situated on Category IA land 18 For the purposes of section 17 , movable property (a) that became the property of a Cree First Nation by virtue of section 13 or 13.1 of the Cree-Naskapi (of Quebec) Act as it read immediately before the day on which section 3 comes into force, and had been purchased with money appropriated by Parliament, (b) that is purchased after July 3, 1984 with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries, or Cree First Nations, or (c) that is, after July 3, 1984, provided to Cree beneficiaries or a Cree First Nation under a treaty or agreement between a Cree First Nation and Canada shall be deemed always to be situated on Category IA land.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 19
Property deemed to be property of a Cree First Nation 19 Where a Cree First Nation has, pursuant to paragraph 11A.0.6 or 11.2.6, as the case may be, of the James Bay and Northern Quebec Agreement, delegated to the Cree Nation Government the power to coordinate and administer a program, movable property that (a) is necessary for the coordination or administration of that program, (b) is owned by the Cree Nation Government, and (c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Cree beneficiaries or Cree First Nations shall, for the purposes of section 17 , be deemed always to be the property of the Cree First Nation for whose use and benefit it was purchased.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 20
Waiver of exemption 20 (1) A Cree beneficiary or an Indian ordinarily resident on Category IA land may, in writing, waive the exemption conferred by subsection 17 (1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA land, the consent of the Cree First Nation must be obtained to the waiver and the terms and conditions thereof in accordance with the Cree Constitution. Waiver by Cree First Nation (2) A Cree First Nation may, in writing, waive the exemption conferred by subsection 17 (2) in favour of any person, on such terms and conditions as are agreed to by the parties, subject to the approval of the waiver and the terms and conditions thereof in accordance with the Cree Constitution.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 21
Judicial notice — Agreement 21 (1) Judicial notice must be taken of the Agreement. Publication (2) The Agreement must be published by the Queen’s Printer. Evidence (3) A copy of the Agreement published by the Queen’s Printer is evidence of the Agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 22
Judicial notice — Cree law 22 (1) Judicial notice must be taken of any Cree law. Evidence (2) A copy of any Cree law that is certified to be a true copy by a person authorized by the Cree First Nation that made the law or the Cree Nation Government, as the case may be, is evidence of that law and of its contents, without proof of the signature or official character of the person appearing to have signed it, unless the contrary is shown.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 23
Notice to Cree First Nation 23 (1) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of a provision of a Cree First Nation law, then the issue must not be decided until the party raising the issue has served notice on the Cree First Nation. Notice to Cree Nation Government (2) If an issue arises in any judicial or administrative proceeding in respect of the operability, constitutionality or validity of the Agreement, the James Bay and Northern Quebec Agreement, this Act or a Cree Nation Government law, then the issue must not be decided until the party raising the issue has served notice on the Cree Nation Government. Content and timing (3) The notice must clearly state the contentions the person intends to assert and the grounds on which they are based and be served at least 30 days before the case is ready for trial. The notice must be accompanied by all pleadings already filed in the record. Participation in proceedings (4) The Cree First Nation or the Cree Nation Government, as the case may be, becomes a party to the proceeding without further formality and may submit conclusions to the court or tribunal, in which case the court or tribunal must rule on them. Waiver (5) Only the Cree First Nation or the Cree Nation Government, as the case may be, may waive the notice period referred to in subsection (3).
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 24
Inuit of Chisasibi 24 (1) For any period during which the council of the Cree Nation of Chisasibi does not include an Inuk of Chisasibi, the Inuit of Chisasibi are entitled to have one Inuk of Chisasibi present as an observer at meetings of that council. Regulations – Inuk observer (2) The Governor in Council may make regulations respecting the manner of selection and term and tenure of the Inuk observer referred to in subsection (1). Rights of Inuk observer (3) The Inuk observer referred to in subsection (1) shall be notified of, and has the right to attend, all council meetings, and has the right to participate in the deliberations of the council, as if he or she were a council member, but he or she does not have the right to vote.
Cree Nation of Eeyou Istchee Governance Agreement Act — C-45.75 25
Orders and regulations 25 The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Agreement.
Crimes Against Humanity and War Crimes Act — C-45.9
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Crimes Against Humanity and War Crimes Act — C-45.9 1
Short title 1 This Act may be cited as the Crimes Against Humanity and War Crimes Act .
Crimes Against Humanity and War Crimes Act — C-45.9 2
Definitions 2 (1) The definitions in this subsection apply in this Act. conventional international law means any convention, treaty or other international agreement (a) that is in force and to which Canada is a party; or (b) that is in force and the provisions of which Canada has agreed to accept and apply in an armed conflict in which it is involved. ( droit international conventionnel ) International Criminal Court means the International Criminal Court established by the Rome Statute. ( Cour pénale internationale ) official , in respect of the International Criminal Court, means the Prosecutor, Registrar, Deputy Prosecutor and Deputy Registrar, and the staff of the organs of the Court. ( fonctionnaire ) Rome Statute means the Rome Statute of the International Criminal Court adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998, as corrected by the procès-verbaux of November 10, 1998, July 12, 1999, November 30, 1999 and May 8, 2000, portions of which are set out in the schedule. ( Statut de Rome ) Words and Expressions (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Criminal Code .
Crimes Against Humanity and War Crimes Act — C-45.9 (a)
conventional international law means any convention, treaty or other international agreement (a) that is in force and to which Canada is a party; or (b) that is in force and the provisions of which Canada has agreed to accept and apply in an armed conflict in which it is involved. ( droit international conventionnel )
Crimes Against Humanity and War Crimes Act — C-45.9
International Criminal Court means the International Criminal Court established by the Rome Statute. ( Cour pénale internationale )
Crimes Against Humanity and War Crimes Act — C-45.9
official , in respect of the International Criminal Court, means the Prosecutor, Registrar, Deputy Prosecutor and Deputy Registrar, and the staff of the organs of the Court. ( fonctionnaire )
Crimes Against Humanity and War Crimes Act — C-45.9
Rome Statute means the Rome Statute of the International Criminal Court adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998, as corrected by the procès-verbaux of November 10, 1998, July 12, 1999, November 30, 1999 and May 8, 2000, portions of which are set out in the schedule. ( Statut de Rome )
Crimes Against Humanity and War Crimes Act — C-45.9 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
Crimes Against Humanity and War Crimes Act — C-45.9 4
Genocide, etc., committed in Canada 4 (1) Every person is guilty of an indictable offence who commits (a) genocide; (b) a crime against humanity; or (c) a war crime. Conspiracy, attempt, etc. (1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence. Punishment (2) Every person who commits an offence under subsection (1) or (1.1) (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and (b) is liable to imprisonment for life, in any other case. Definitions (3) The definitions in this subsection apply in this section. crime against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( crime contre l’humanité ) genocide means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( génocide ) war crime means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( crime de guerre ) Interpretation — customary international law (4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary international law. This does not limit or prejudice in any way the application of existing or developing rules of international law.
Crimes Against Humanity and War Crimes Act — C-45.9
crime against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( crime contre l’humanité )
Crimes Against Humanity and War Crimes Act — C-45.9
genocide means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( génocide )
Crimes Against Humanity and War Crimes Act — C-45.9
war crime means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( crime de guerre )
Crimes Against Humanity and War Crimes Act — C-45.9
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. ( chef militaire )
Crimes Against Humanity and War Crimes Act — C-45.9
superior means a person in authority, other than a military commander. ( supérieur )
Crimes Against Humanity and War Crimes Act — C-45.9
genocide means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. ( génocide )
Crimes Against Humanity and War Crimes Act — C-45.9 8
Jurisdiction 8 A person who is alleged to have committed an offence under section 6 or 7 may be prosecuted for that offence if (a) at the time the offence is alleged to have been committed, (i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity, (ii) the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state, (iii) the victim of the alleged offence was a Canadian citizen, or (iv) the victim of the alleged offence was a citizen of a state that was allied with Canada in an armed conflict; or (b) after the time the offence is alleged to have been committed, the person is present in Canada.
Crimes Against Humanity and War Crimes Act — C-45.9 9
Place of trial 9 (1) Proceedings for an offence under this Act alleged to have been committed outside Canada for which a person may be prosecuted under this Act may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division. Presence of accused at trial (2) For greater certainty, in a proceeding commenced in any territorial division under subsection (1), the provisions of the Criminal Code relating to requirements that an accused appear at and be present during proceedings and any exceptions to those requirements apply. Personal consent of Attorney General (3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under section 354 or subsection 462.31(1) or (2.1) of the Criminal Code in relation to property or proceeds obtained or derived directly or indirectly as a result of the commission of an offence under this Act, may be commenced without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and those proceedings may be conducted only by the Attorney General of Canada or counsel acting on their behalf. Consent of Attorney General (4) No proceedings for an offence under section 18 may be commenced without the consent of the Attorney General of Canada. 2000, c. 24, s. 9; 2001, c. 32, s. 59 2024, c. 17, s. 377
Crimes Against Humanity and War Crimes Act — C-45.9 Evidence and procedure
Evidence and procedure * 10 Proceedings for an offence alleged to have been committed before the coming into force of this section shall be conducted in accordance with the laws of evidence and procedure in force at the time of the proceedings. * [Note: Section 10 in force October 23, 2000, see SI/2000-95.]
Crimes Against Humanity and War Crimes Act — C-45.9 11
Defences 11 In proceedings for an offence under any of sections 4 to 7, the accused may, subject to sections 12 to 14 and to subsection 607(6) of the Criminal Code , rely on any justification, excuse or defence available under the laws of Canada or under international law at the time of the alleged offence or at the time of the proceedings.
Crimes Against Humanity and War Crimes Act — C-45.9 12
When previously tried outside Canada 12 (1) If a person is alleged to have committed an act or omission that is an offence under this Act, and the person has been tried and dealt with outside Canada in respect of the offence in such a manner that, had they been tried and dealt with in Canada, they would be able to plead autrefois acquit , autrefois convict or pardon, the person is deemed to have been so tried and dealt with in Canada. Exception (2) Despite subsection (1), a person may not plead autrefois acquit , autrefois convict or pardon in respect of an offence under any of sections 4 to 7 if the person was tried in a court of a foreign state or territory and the proceedings in that court (a) were for the purpose of shielding the person from criminal responsibility; or (b) were not otherwise conducted independently or impartially in accordance with the norms of due process recognized by international law, and were conducted in a manner that, in the circumstances, was inconsistent with an intent to bring the person to justice.
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Conflict with internal law 13 Despite section 15 of the Criminal Code , it is not a justification, excuse or defence with respect to an offence under any of sections 4 to 7 that the offence was committed in obedience to or in conformity with the law in force at the time and in the place of its commission.