Crimes Against Humanity and War Crimes Act — C-45.9 7
Breach of responsibility by military commander 7 (1) A military commander commits an indictable offence if (a) the military commander, outside Canada, (i) fails to exercise control properly over a person under their effective command and control or 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 command and control or effective authority and control, and as a result the person commits an offence under section 6; (b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and (c) the military commander 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. 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. Conspiracy, attempt, etc. (2.1) 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) or (2) is guilty of an indictable offence. Jurisdiction (3) A person who is alleged to have committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in accordance with section 8. Punishment (4) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life. Application before coming into force * (5) Where an act or omission constituting an offence under this section occurred before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply to the extent that, at the time and in the place of the act or omission, the act or omission constituted a contravention of customary international law or conventional international law or was criminal according to the general principles of law recognized by the community of nations, whether or not it constituted a contravention of the law in force at the time and in the place of its commission. * [Note: Section 7 in force October 23, 2000, see SI/2000-95.] Definitions (6) The definitions in this subsection apply in this section. 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 ) superior means a person in authority, other