Bill C-19
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PROCEDURE AND DEFENCES |
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Place of trial
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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.
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Presence of
accused at
trial
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(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.
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Personal
consent of
Attorney
General
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(3) No proceedings for an offence under any
of sections 4 to 7, 27 and 28 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.
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Consent of
Attorney
General
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(4) No proceedings for an offence under
section 18 may be commenced without the
consent of the Attorney General of Canada.
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Evidence and
procedure
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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.
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Defences
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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.
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When
previously
tried outside
Canada
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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.
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Exception
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(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
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Conflict with
internal law
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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.
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Defence of
superior
orders
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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
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Interpretation
- manifestly
unlawful
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(2) For the purpose of paragraph (1)(c),
orders to commit genocide or crimes against
humanity are manifestly unlawful.
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Limitation -
belief of
accused
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(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.
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PAROLE ELIGIBILITY |
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Parole
eligibility
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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:
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Provisions of
Criminal
Code apply
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(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,
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Minimum
punishment
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(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.
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OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE |
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Obstructing
justice
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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.
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When deemed
to have
obstructed
justice
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(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
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Obstructing
officials
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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
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Bribery of
judges and
officials
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18. Every person is guilty of an indictable
offence and is liable to imprisonment for a
term of not more than 14 years who
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Perjury
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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.
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Video links,
etc.
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(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.
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Punishment
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(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.
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Application
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(4) Subsection (1) applies whether or not a
statement is made in a judicial proceeding of
the International Criminal Court.
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Application
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(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.
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Witness
giving
contradictory
evidence
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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.
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Evidence in
specific cases
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(2) Evidence given under section 714.1,
714.2, 714.3 or 714.4 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).
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Meaning of
``evidence''
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(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.
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Proof of
former trial
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(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.
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Fabricating
evidence
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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.
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Offences
relating to
affidavits
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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,
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Intimidation
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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
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Meaning of
``internatio- nally protected person''
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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.
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Offences
against the
International
Criminal
Court -
outside
Canada
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25. 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.
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Retaliation
against
witnesses -
outside
Canada
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26. 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.
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