R.S., c. C-46

Criminal Code

R.S., c. 30 (3rd Supp.), s. 1(1); 1992, c. 1, s. 58(1) (Sch. I, s. 1(1)), s. 60 (Sch. I, s. 19)(F)

42. Subsections 7(3.71) to (3.77) of the Criminal Code are repealed.

43. The definition ``offence'' in section 183 of the Criminal Code is amended by adding, immediately after the reference to ``Export or Import Permits Act,'', a reference to ``any offence under the Crimes Against Humanity and War Crimes Act,''.

44. Section 469 of the Act is amended by adding the following after paragraph (c):

Crimes against humanity

    (c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

R.S., c. 30 (3rd Supp.), s. 2; 1992, c. 1, s. 60 (Sch. I, s. 35)(F)

45. Subsection 607(6) of the Act is replaced by the following:

Exception: foreign trials in absentia

(6) A person who is alleged to have committed an act or omission outside Canada that is an offence in Canada by virtue of any of subsections 7(2) to (3.4) or (3.7), or an offence under the Crimes Against Humanity and War Crimes Act, and in respect of which the person has been tried and convicted outside Canada, may not plead autrefois convict with respect to a count that charges that offence if

    (a) at the trial outside Canada the person was not present and was not represented by counsel acting under the person's instructions, and

    (b) the person was not punished in accordance with the sentence imposed on conviction in respect of the act or omission,

notwithstanding that the person is deemed by virtue of subsection 7(6), or subsection 12(1) of the Crimes Against Humanity and War Crimes Act, as the case may be, to have been tried and convicted in Canada in respect of the act or omission.

46. Section 745 of the Act is amended by adding the following after paragraph (b):

    (b.1) in respect of a person who has been convicted of second degree murder where that person has previously been convicted of an offence under section 4 or 6 of the Crimes Against Humanity and War Crimes Act that had as its basis an intentional killing, whether or not it was planned and deliberate, that that person be sentenced to imprisonment for life without eligibility for parole until the person has served twenty-five years of the sentence;

1999, c. 18

Extradition Act

47. Section 2 of the Extradition Act is amended by adding the following in alphabetical order:

``International Criminal Court''
« Cour pénale internatio-
nale »

``International Criminal Court'' means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act.

48. The Act is amended by adding the following after section 6:

No immunity

6.1 Despite any other Act or law, no person who is the subject of a request for surrender by the International Criminal Court or by any international criminal tribunal that is established by resolution of the Security Council of the United Nations and whose name appears in the schedule, may claim immunity under common law or by statute from arrest or extradition under this Act.

49. Subsection 14(2) of the Act is replaced by the following:

Extension

(2) On application of the Attorney General, a judge

    (a) may extend a period referred to in subsection (1); or

    (b) shall, in the case of a person arrested on the request of the International Criminal Court, extend a period referred to in subsection (1) for the period specified by the Attorney General, not to exceed 30 days.

50. Subsection 18(1) of the Act is replaced by the following:

Decision of judge

18. (1) The judge before whom a person is brought following arrest under section 13 or 16 shall

    (a) if the person has been arrested on the request of the International Criminal Court, order the detention in custody of the person unless

      (i) the person shows cause, in accordance with subsection 522(2) of the Criminal Code, that their detention in custody is not justified, and

      (ii) the judge is satisfied that, given the gravity of the alleged offence, there are urgent and exceptional circumstances that justify release - with or without conditions - and that the person will appear as required; or

    (b) in any other case, order the release, with or without conditions, or detention in custody of the person.

Mandatory adjournment

(1.1) An application for judicial interim release in respect of a person referred to in paragraph (1)(a) shall, at the request of the Attorney General, be adjourned to await receipt of the recommendations of the Pre-Trial Chamber of the International Criminal Court. If the recommendations are not received within six days, the judge may proceed to hear the application.

Recommen-
dations of Pre-Trial Chamber

(1.2) If the Pre-Trial Chamber of the International Criminal Court submits recommendations, the judge shall consider them before rendering a decision.

51. Subsection 40(5) of the Act is replaced by the following:

Extension of time

(5) If the person has made submissions to the Minister under section 43 and the Minister is of the opinion that further time is needed to act on those submissions, the Minister may extend the period referred to in subsection (1) as follows:

    (a) if the person is the subject of a request for surrender by the International Criminal Court, and an issue has been raised as to the admissibility of the case or the jurisdiction of that Court, for a period ending not more than 45 days after the Court's ruling on the issue; or

    (b) in any other case, for one additional period that does not exceed 60 days.

52. The Act is amended by adding the following after section 47:

When grounds for refusal do not apply

47.1 The grounds for refusal set out in sections 44, 46 and 47 do not apply in the case of a person who is the subject of a request for surrender by the International Criminal Court.

53. Section 76 of the Act is replaced by the following:

Unscheduled landing

76. If a person being extradited or surrendered from one State or entity to another arrives in Canada without prior consent to transit, a peace officer may, at the request of a public officer who has custody of the person while the person is being conveyed,

    (a) if the person is being surrendered to the International Criminal Court, hold the person in custody for a maximum period of 96 hours pending receipt by the Minister of a request for a consent to transit from that Court; or

    (b) in any other case, hold the person in custody for a maximum period of 24 hours pending receipt by the Minister of a request for a consent to transit from the requesting State or entity.

1991, c. 41

Foreign Missions and International Organizations Act

54. Subsection 5(1) of the Foreign Missions and International Organizations Act is amended by striking out the word ``and'' at the end of paragraph (g), by adding the word ``and'' at the end of paragraph (h) and by adding the following after paragraph (h):

    (i) the judges, officials and staff of the International Criminal Court, as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act, and counsel, experts, witnesses and other persons required to be present at the seat of that Court shall have the privileges and immunities set out in article 48 of the Rome Statute, as defined in that subsection, and the agreement on privileges and immunities contemplated in that article.

R.S., c. I-2

Immigration Act

R.S., c. 30 (3rd Supp.), s. 3

55. (1) Paragraph 19(1)(j) of the Immigration Act is replaced by the following:

    (j) persons who there are reasonable grounds to believe have committed an offence referred to in any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

1992, c. 49, s. 11(3)

(2) Paragraph 19(1)(l) of the Act is replaced by the following:

    (l) persons who are or were senior members of or senior officials in the service of a government that is or was, in the opinion of the Minister, engaged in terrorism, systematic or gross human rights violations, or any act or omission that would be an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest.

R.S., c. 30 (4th Supp.)

Mutual Legal Assistance in Criminal Matters Act

56. Subsection 2(1) of the Mutual Legal Assistance in Criminal Matters Act is amended by adding the following in alphabetical order:

``International Criminal Court''
« Cour pénale internatio-
nale »

``International Criminal Court'' means the International Criminal Court as defined in subsection 2(1) of the Crimes Against Humanity and War Crimes Act.

57. The Act is amended by adding the following after section 9:

International Criminal Court

Orders for restraint or seizure

9.1 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order for the restraint or seizure of proceeds of crime, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

Filing of order

(2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of the province in which property that is the subject of the order is believed to be located.

Enforcement

(3) On being filed, the order may be enforced as if it were a warrant issued under subsection 462.32(1) of the Criminal Code or an order made under subsection 462.33(3) of that Act.

Orders of reparation or forfeiture or imposing fines

9.2 (1) When a request is presented to the Minister by the International Criminal Court for the enforcement of an order of reparation or forfeiture, or an order imposing a fine, the Minister may authorize the Attorney General of Canada to make arrangements for the enforcement of the order.

Enforcement

(2) On receipt of an authorization, the Attorney General of Canada may file a copy of the order with the superior court of criminal jurisdiction of

    (a) the province in which property that is the subject of the order is believed to be located; or

    (b) the province in which some or all of the property available to satisfy the order is believed to be located.

On being filed, the order shall be entered as a judgment of that court.

Requirement

(3) Before filing an order referred to in subsection (1), the Attorney General of Canada must be satisfied that

    (a) a person has been convicted of an offence within the jurisdiction of the International Criminal Court; and

    (b) the conviction and the order are not subject to further appeal.

Effect of registered order

(4) An order has, from the date it is filed under subsection (2), the same effect as if it had been

    (a) in the case of an order of reparation, an order under section 738 of the Criminal Code;

    (b) in the case of an order of forfeiture, an order under subsection 462.37(1) or 462.38(2) of that Act; and

    (c) in the case of an order imposing a fine, a fine imposed under section 734 of that Act.

Payment into Crimes Against Humanity Fund

(5) Subject to any orders made under subsection (8), proceeds from the enforcement of orders filed under this section shall be paid into the Crimes Against Humanity Fund established under section 30 of the Crimes Against Humanity and War Crimes Act.

Filing of amendments

(6) When an order is filed under subsection (2), a copy of any amendments made to the order may be filed in the same way as the order, and the amendments do not, for the purpose of this Act, have effect until they are registered.

Notice

(7) When an order has been filed under subsection (2), it shall not be executed before notice in accordance with subsection 462.41(2) of the Criminal Code has been given to every person who, in the opinion of the court, appears to have a valid interest in the property.

Application of Criminal Code

(8) Subsection 462.41(3) and section 462.42 of the Criminal Code apply, with any modifications that the circumstances require, in respect of a person who claims an interest in the property.

58. Section 10 of the Act is replaced by the following:

Application of Criminal Code

10. The Criminal Code applies, with any modifications that the circumstances require, in respect of a search or a seizure under this Act, except to the extent that the Criminal Code is inconsistent with this Act.

1999, c. 18, s. 103

59. Section 11 of the Act is replaced by the following:

Approval of request for investigative measures

11. (1) When the Minister approves a request of a state or entity to have a search or a seizure, or the use of any device or investigative technique or other procedure or the doing of any other thing to be described in a warrant, carried out regarding an offence, the Minister shall provide a competent authority with any documents or information necessary to apply for a search warrant or other warrant.

Application for warrant

(2) The competent authority who is provided with the documents or information shall apply ex parte for a search warrant or other warrant to a judge of the province in which the competent authority believes that evidence may be found.

1999, c. 18, s. 104(1)

60. Paragraph 12(1)(a) of the Act is replaced by the following:

    (a) an offence has been committed;

61. The Act is amended by adding the following after section 13:

Other warrants

13.1 (1) A judge of the province to whom an application is made under subsection 11(2) may, in a manner provided for by the Criminal Code, issue a warrant, other than a warrant referred to in section 12, to use any device or other investigative technique or do anything described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property.

Criminal Code applies

(2) A warrant issued under subsection (1) may be obtained, issued and executed in the manner prescribed by the Criminal Code, with any modifications that the circumstances may require.

Exception

(3) Despite subsection (2), subsections 12(3) and (4) and sections 14 to 16 apply in respect of a warrant issued under subsection (1), and any sections of the Criminal Code inconsistent with those provisions do not apply.

1999, c. 18, s. 107

62. Subsection 17(1) of the Act is replaced by the following:

Approval of request to obtain evidence

17. (1) When the Minister approves a request of a state or entity to obtain, by means of an order of a judge, evidence regarding an offence, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.

1999, c. 18, s. 108(1)

63. (1) Paragraph 18(1)(a) of the Act is replaced by the following:

    (a) an offence has been committed; and