| 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.
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| 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.
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| 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.
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| Possession of
property
obtained by
certain
offences
|
27. (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
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(a) an act or omission in Canada that
constituted genocide, a crime against
humanity or a war crime, as defined in
section 4;
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(b) an act or omission outside Canada that
constituted genocide, a crime against
humanity or a war crime, as defined in
section 6;
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(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;
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(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
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(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).
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| Punishment
|
(2) Every person who contravenes
subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term of not
more than 10 years; or
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(b) is guilty of an offence punishable on
summary conviction and liable to
imprisonment for a term of not more than
two years.
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| Exception
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(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.
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| Laundering
proceeds of
certain
offences
|
28. (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
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(a) an act or omission in Canada that
constituted genocide, a crime against
humanity or a war crime, as defined in
section 4;
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|
(b) an act or omission outside Canada that
constituted genocide, a crime against
humanity or a war crime, as defined in
section 6;
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(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;
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(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
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(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).
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| Punishment
|
(2) Every person who contravenes
subsection (1)
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(a) is guilty of an indictable offence and
liable to imprisonment for a term of not
more than 10 years; or
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(b) is guilty of an offence punishable on
summary conviction and liable to
imprisonment for a term of not more than
two years.
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| 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.
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| Part XII.2 of
Criminal
Code
applicable
|
29. (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.
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| 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.
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| Fund
established
|
30. (1) There is hereby established a fund,
to be known as the Crimes Against Humanity
Fund, into which shall be paid
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(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;
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(b) all money obtained in accordance with
section 31; and
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(c) any money otherwise received as a
donation to the Crimes Against Humanity
Fund.
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| 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.
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| Regulations
|
(3) The Governor in Council may make
regulations respecting the administration and
management of the Crimes Against Humanity
Fund.
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| Credits to
Fund
|
31. The Minister of Public Works and
Government Services shall pay into the
Crimes Against Humanity Fund
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(a) the net proceeds received from the
disposition of any property referred to in
subsections 4(1) to (3) of the Seized
Property Management Act that is forfeited
to Her Majesty and disposed of by that
Minister, if the property was derived as the
result of the commission of an offence
under this Act; and
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(b) amounts paid or recovered as a fine
imposed under subsection 462.37(3) of the
Criminal Code in relation to proceedings
for an offence under this Act.
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| 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.
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|
| R.S., c. C-29
|
|
|
| R.S., c. 30
(3rd Supp.),
s. 11(1)
|
33. Paragraphs 22(1)(c) and (d) of the
Citizenship Act are replaced by the
following:
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(c) while the person is under investigation
by the Minister of Justice, the Royal
Canadian Mounted Police or the Canadian
Security Intelligence Service for, or is
charged with, on trial for, subject to or a
party to an appeal relating to, an offence
under any of sections 4 to 7 of the Crimes
Against Humanity and War Crimes Act;
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|
(d) if the person has been convicted of an
offence under any of sections 4 to 7 of the
Crimes Against Humanity and War Crimes
Act;
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| 1992, c. 20
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|
|
| 1998, c. 35,
s. 108
|
34. The portion of subsection 17(1) of the
Corrections and Conditional Release Act
after paragraph (d) and before paragraph
(e) is replaced by the following:
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|
the absence may, subject to section 746.1 of
the Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity and War Crimes
Act, be authorized by the institutional head
|
|
| 1998, c. 35,
s. 109
|
35. The portion of subsection 18(2) of the
Act before paragraph (a) is replaced by the
following:
|
|
| Work releases
may be
authorized
|
(2) Where an inmate is eligible for
unescorted temporary absences under Part II
or pursuant to section 746.1 of the Criminal
Code, subsection 140.3(2) of the National
Defence Act or subsection 15(2) of the Crimes
Against Humanity and War Crimes Act, and,
in the opinion of the institutional head,
|
|
| 1998, c. 35,
s. 110
|
36. The portion of subsection 107(1) of
the Act before paragraph (a) is replaced by
the following:
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|
| Jurisdiction of
Board
|
107. (1) Subject to this Act, the Prisons and
Reformatories Act, the Transfer of Offenders
Act, the National Defence Act, the Crimes
Against Humanity and War Crimes Act and
the Criminal Code, the Board has exclusive
jurisdiction and absolute discretion
|
|
| 1998, c. 35,
s. 111(1)
|
37. (1) The portion of subsection 119(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Time when
eligible for
day parole
|
119. (1) Subject to section 746.1 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity and War Crimes
Act, the portion of a sentence that must be
served before an offender may be released on
day parole is
|
|
| 1998, c. 35,
111(2)
|
(2) Subsection 119(1.1) of the Act is
replaced by the following:
|
|
| Time when
eligible for
day parole
|
(1.1) Notwithstanding section 746.1 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity and War Crimes
Act, an offender described in subsection
746.1(1) or (2) of the Criminal Code or to
whom those subsections apply pursuant to
subsection 140.3(2) of the National Defence
Act or subsection 15(2) of the Crimes Against
Humanity and War Crimes Act, shall not, in
the circumstances described in subsection
120.2(2) or (3), be released on day parole until
three years before the day that is determined
in accordance with subsection 120.2(2) or (3).
|
|
| 1998, c. 35,
s. 111(3)
|
(3) The portion of subsection 119(1.2) of
the Act before paragraph (a) is replaced by
the following:
|
|
| When eligible
for day
parole -
young
offender
sentenced to
life
imprisonment
|
(1.2) Notwithstanding section 746.1 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act and subsection 15(2) of
the Crimes Against Humanity and War Crimes
Act, in the circumstances described in
subsection 120.2(2), the portion of the
sentence of an offender described in
subsection 746.1(3) of the Criminal Code or to
whom that subsection applies pursuant to
subsection 140.3(2) of the National Defence
Act or subsection 15(2) of the Crimes Against
Humanity and War Crimes Act that must be
served before the offender may be released on
day parole is the longer of
|
|
| 1998, c. 35,
s. 112
|
38. Subsection 120(1) of the Act is
replaced by the following:
|
|
| Time when
eligible for
full parole
|
120. (1) Subject to sections 746.1 and 761
of the Criminal Code and to any order made
under section 743.6 of that Act, to subsection
140.3(2) of the National Defence Act and to
any order made under section 140.4 of that
Act, and to subsection 15(2) of the Crimes
Against Humanity and War Crimes Act, an
offender is not eligible for full parole until the
day on which the offender has served a period
of ineligibility of the lesser of one third of the
sentence and seven years.
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|
| 1998, c. 35,
s. 113(2)
|
39. The portion of subsection 120.2(3) of
the Act before paragraph (a) is replaced by
the following:
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|
| Where
reduction of
period of
ineligibility
for parole
|
(3) Where, pursuant to section 745.6 of the
Criminal Code, subsection 140.3(2) of the
National Defence Act or subsection 15(2) of
the Crimes Against Humanity and War Crimes
Act, there has been a reduction in the number
of years of imprisonment without eligibility
for parole of an offender referred to in
subsection (2), the offender is not eligible for
full parole until the day on which the offender
has served, commencing on the day on which
the additional sentence was imposed,
|
|
| 1998, c. 35,
s. 114
|
40. Section 120.3 of the Act is replaced by
the following:
|
|
| Maximum
period
|
120.3 Subject to section 745 of the Criminal
Code, subsection 140.3(1) of the National
Defence Act and subsection 15(1) of the
Crimes Against Humanity and War Crimes
Act, where an offender who is serving a
sentence receives an additional sentence, the
day on which the offender is eligible for full
parole shall not be later than the day on which
the offender has served fifteen years from the
day on which the last of the sentences was
imposed.
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|
41. Schedule I to the Act is amended by
adding the following after section 5:
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|
6. An offence under any of the following
provisions of the Crimes Against Humanity
and War Crimes Act:
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|
(a) section 4 (genocide, etc., committed in
Canada);
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|
(b) section 5 (breach of responsibility
committed in Canada by military
commanders or other superiors);
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|
(c) section 6 (genocide, etc., committed
outside Canada); and
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|
(d) section 7 (breach of responsibility
committed outside Canada by military
commanders or other superiors).
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