Bill C-19

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	SUMMARY
	This enactment relates to the implementation of Canada's obligations under the Rome Statute of the International Criminal Court.
	The enactment makes it an offence to commit genocide, a crime against humanity or a war crime. Consequential changes are also made to Canada's extradition and mutual legal assistance legislation to enable Canada to comply with its obligations to the International Criminal Court. The enactment also affirms that any immunities otherwise existing under Canadian law will not bar extradition to the International Criminal Court or to any international criminal tribunal established by resolution of the Security Council of the United Nations.
	EXPLANATORY NOTES
	Citizenship Act
	Clause 33: The relevant portion of subsection 22(1) reads as follows:
	22. (1) Notwithstanding anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship
	. . .
	(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 act or omission referred to in subsection 7(3.71) of the Criminal Code;
	(d) if the person has been convicted of an offence in respect of an act or omission referred to in subsection 7(3.71) of the Criminal Code;
	Corrections and Conditional Release Act
	Clause 34: The relevant portion of subsection 17(1) reads as follows:
	17. (1) Where, in the opinion of the institutional head,
	. . .
	the absence may, subject to section 746.1 of the Criminal Code and subsection 140.3(2) of the National Defence Act, be authorized by the institutional head
	Clause 35: The relevant portion of subsection 18(2) reads as follows:
	(2) Where an inmate is eligible for unescorted temporary absences under Part II or pursuant to section 746.1 of the Criminal Code or subsection 140.3(2) of the National Defence Act, and, in the opinion of the institutional head,
	Clause 36: The relevant portion of subsection 107(1) reads as follows:
	107. (1) Subject to this Act, the Prisons and Reformatories Act, the Transfer of Offenders Act, the National Defence Act and the Criminal Code, the Board has exclusive jurisdiction and absolute discretion
	Clause 37: (1) The relevant portion of subsection 119(1) reads as follows:
	119. (1) Subject to section 746.1 of the Criminal Code and subsection 140.3(2) of the National Defence Act, the portion of a sentence that must be served before an offender may be released on day parole is
	(2) Subsection 119(1.1) reads as follows:
	(1.1) Notwithstanding section 746.1 of the Criminal Code and subsection 140.3(2) of the National Defence 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, 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).
	(3) The relevant portion of subsection 119(1.2) reads as follows:
	(1.2) Notwithstanding section 746.1 of the Criminal Code and subsection 140.3(2) of the National Defence 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 that must be served before the offender may be released on day parole is the longer of
	Clause 38: Subsection 120(1) reads as follows:
	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 and subject to subsection 140.3(2) of the National Defence Act and to any order made under section 140.4 of that 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.
	Clause 39: The relevant portion of subsection 120.2(3) reads as follows:
	(3) Where, pursuant to section 745.6 of the Criminal Code or subsection 140.3(2) of the National Defence 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,
	Clause 40: Section 120.3 reads as follows:
	120.3 Subject to section 745 of the Criminal Code and subsection 140.3(1) of the National Defence 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.
	Clause 41: New.
	Criminal Code
	Clause 42: Subsections 7(3.71) to (3.77) read as follows:
	(3.71) Notwithstanding anything in this Act or any other Act, every person who, either before or after the coming into force of this subsection, commits an act or omission outside Canada that constitutes a war crime or a crime against humanity and that, if committed in Canada, would constitute an offence against the laws of Canada in force at the time of the act or omission shall be deemed to commit that act or omission in Canada at that time if,
	(a) at the time of the act or omission,
	(i) that person is a Canadian citizen or is employed by Canada in a civilian or military capacity,
	(ii) that person is a citizen of, or is employed in a civilian or military capacity by, a state that is engaged in an armed conflict against Canada, or
	(iii) the victim of the act or omission is a Canadian citizen or a citizen of a state that is allied with Canada in an armed conflict; or
	(b) at the time of the act or omission, Canada could, in conformity with international law, exercise jurisdiction over the person with respect to the act or omission on the basis of the person's presence in Canada and, subsequent to the time of the act or omission, the person is present in Canada.
	(3.72) Any proceedings with respect to an act or omission referred to in subsection (3.71) shall be conducted in accordance with the laws of evidence and procedure in force at the time of the proceedings.
	(3.73) In any proceedings with respect to an act or omission referred to in subsection (3.71), notwithstanding that the act or omission is an offence under the laws of Canada in force at the time of the act or omission, the accused may, subject to subsection 607(6), rely on any justification, excuse or defence available under the laws of Canada or under international law at that time or at the time of the proceedings.
	(3.74) Notwithstanding subsection (3.73) and section 15, a person may be convicted of an offence in respect of an act or omission referred to in subsection (3.71) even if the act or omission is committed in obedience to or in conformity with the law in force at the time and in the place of its commission.
	(3.75) Notwithstanding any other provision of this Act, no proceedings may be commenced with respect to an act or omission referred to in subsection (3.71) without the personal consent in writing of the Attorney General or Deputy Attorney General of Canada, and such proceedings may only be conducted by the Attorney General of Canada or counsel acting on his behalf.
	(3.76) For the purposes of this section,
	``conventional international law'' means
	(a) any convention, treaty or other international agreement that is in force and to which Canada is a party, or
	(b) any convention, treaty or other international agreement 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;
	``crime against humanity'' means murder, extermination, enslavement, deportation, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group of persons, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission, and that, at that time and in that place, constitutes a contravention of customary international law or conventional international law or is criminal according to the general principles of law recognized by the community of nations;
	``war crime'' means an act or omission that is committed during an international armed conflict, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission, and that, at that time and in that place, constitutes a contravention of the customary international law or conventional international law applicable in international armed conflicts.
	(3.77) In the definitions ``crime against humanity'' and ``war crime'' in subsection (3.76), ``act or omission'' includes, for greater certainty, attempting or conspiring to commit, counselling any person to commit, aiding or abetting any person in the commission of, or being an accessory after the fact in relation to, an act or omission.
	Clause 43: The relevant portion of section 183 reads as follows:
	``offence'' means. . .;
	Clause 44: New. The relevant portion of section 469 reads as follows:
	469. Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than
	Clause 45: Subsection 607(6) reads as follows:
	(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), 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) to have been tried and convicted in Canada in respect of the act or omission.
	Clause 46: New. The relevant portion of section 745 reads as follows:
	745. Subject to section 745.1, the sentence to be pronounced against a person who is to be sentenced to imprisonment for life shall be
	Extradition Act
	Clause 47: New
	Clause 48: New.
	Clause 49: Subsection 14(2) reads as follows:
	(2) A judge may, on application of the Attorney General, extend a period referred to in subsection (1).
	Clause 50: Subsections 18(1.1) and (1.2) are new. Subsection 18(1) reads as follows:
	18. (1) The judge before whom a person is brought following arrest under section 13 or 16 shall order the release, with or without conditions, or detention in custody of the person.
	Clause 51: Subsection 40(5) reads as follows:
	(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) for one additional period that does not exceed 60 days.
	Clause 52: New.
	Clause 53: Section 76 reads as follows:
	76. If a person being extradited 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 being extradited while the person is being conveyed, 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.
	Foreign Missions and International Organizations Act
	Clause 54: New. The relevant portion of subsection 5(1) reads as follows:
	5. (1) Subject to subsection (2), the Governor in Council may, by order, provide that
	Immigration Act
	Clause 55: The relevant portion of subsection 19(1) reads as follows:
	19. (1) No person shall be granted admission who is a member of any of the following classes:
	. . .
	(j) persons who there are reasonable grounds to believe have committed an act or omission outside Canada that constituted a war crime or a crime against humanity within the meaning of subsection 7(3.76) of the Criminal Code and that, if it had been committed in Canada, would have constituted an offence against the laws of Canada in force at the time of the act or omission;
	. . .
	(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 war crimes or crimes against humanity within the meaning of subsection 7(3.76) of the Criminal Code, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest.
	Mutual Legal Assistance in Criminal Matters Act
	Clause 56: New.
	Clause 57: New.
	Clause 58: Section 10 reads as follows:
	10. The Criminal Code, other than section 487.1 (telewarrants) thereof, applies, with such modifications as the circumstances require, in respect of a search or a seizure pursuant to this Act, except where that Act is inconsistent with this Act.
	Clause 59: Section 11 reads as follows:
	11. (1) When the Minister approves a request of a state or entity to have a search or a seizure carried out in Canada regarding an offence with respect to which the state or entity has jurisdiction, the Minister shall provide a competent authority with any documents or information necessary to apply for a search warrant.
	(2) The competent authority who is provided with the documents or information shall apply ex parte for a search warrant to a judge of the province in which the competent authority believes that evidence of the commission of the offence may be found.
	Clause 60: The relevant portion of subsection 12(1) reads as follows:
	12. (1) A judge of a province to whom an application is made under subsection 11(2) may issue a search warrant authorizing a peace officer named therein to execute it anywhere in the province, where the judge is satisfied by statements under oath that there are reasonable grounds to believe that
	(a) an offence has been committed with respect to which the state or entity has jurisdiction;
	Clause 61: New.
	Clause 62: Subsection 17(1) reads as follows:
	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 with respect to which the state or entity has jurisdiction, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.
	Clause 63: (1) The relevant portion of subsection 18(1) reads as follows:
	18. (1) A judge to whom an application is made under subsection 17(2) may make an order for the gathering of evidence, where he is satisfied that there are reasonable grounds to believe that
	(a) an offence has been committed with respect to which the state or entity has jurisdiction; and
	(2) Subsections 18(7) to (9) read as follows:
	(7) A person named in an order made under subsection (1) may refuse to answer one or more questions or to produce certain records or things to the person designated under paragraph (2)(c) if
	(a) the refusal is based on a law in force in Canada;
	(b) to require the person to answer the questions or to produce the records or things would constitute a breach of a privilege recognized by a law in force in the state or entity that presented the request mentioned in subsection 17(1); or
	(c) to answer the questions or to produce the records or things would constitute the commission by the person of an offence against a law in force in the state or entity that presented the request mentioned in subsection 17(1).
	(8) Where a person refuses to answer a question or to produce a record or thing, the person designated under paragraph (2)(c) shall continue the examination and ask any other question or request the production of any other record or thing mentioned in the order.
	(9) A person named in an order made under subsection (1) who, pursuant to subsection (7), refuses to answer one or more questions or to produce certain records or things shall, within seven days, give to the person designated under paragraph (2)(c) a detailed statement in writing of all of the reasons on which the person bases the refusal to answer each question that the person refuses to answer or to produce each record or thing that the person refuses to produce.
	Clause 64: Subsection 19(3) reads as follows:
	(3) A judge to whom a report is made shall determine whether the reasons contained in any statement given under subsection 18(9) that purport to be based on a law in force in Canada are well-founded and, where the judge determines that they are, that determination shall be mentioned in any order that the judge makes under section 20 but, where the judge determines that they are not, the judge shall order that the person named in the order made under subsection 18(1) answer the questions or produce the records or things.
	Clause 65: Subsections 20(3) and (4) read as follows:
	(3) The execution of an order made under subsection 18(1) that was not completely executed because of a refusal, by reason of a law that applies to the state or entity, to answer one or more questions or to produce certain records or things to the person designated under paragraph 18(2)(c) may be continued if a court of the state or entity or a person designated by the state or entity determines that the reasons are not well-founded and the state or entity so advises the Minister.
	(4) No person named in an order made under subsection 18(1) whose reasons for refusing to answer a question or to produce a record or thing are determined, in accordance with subsection (3), not to be well-founded shall, during the continued execution of the order, refuse to answer that question or to produce that record or thing to the person designated under paragraph 18(2)(c), except with the permission of the judge who made the order under subsection (1) or another judge of the same court.
	Clause 66: Section 22 reads as follows:
	22. A person named in an order made under subsection 18(1) commits a contempt of court if the person refuses to answer a question or to produce a record or thing to the person designated under paragraph 18(2)(c)
	(a) without giving the detailed statement required by subsection 18(9); or
	(b) where the person so named was already asked the same question or requested to produce the same record or thing and all of the reasons on which that person based the earlier refusal were determined not to be well-founded by
	(i) a judge, if the reasons were based on a law in force in Canada, or
	(ii) a court of the state or entity or by a person designated by the state or entity, if the reasons were based on a law that applies to the state or entity.
	Clause 67: Subsection 22.1(1) reads as follows:
	22.1 (1) If the Minister approves a request of a state or entity to compel a person to provide evidence or a statement, by means of technology that permits the virtual presence of the person in the territory over which the state or entity has jurisdiction, or that permits the parties and the court to hear and examine the witness, regarding an offence with respect to which the state or entity has jurisdiction, the Minister shall provide a competent authority with any documents or information necessary to apply for the order.
	Clause 68: The relevant portion of subsection 22.2(1) reads as follows:
	22.2 (1) The judge may make the order if satisfied that there are reasonable grounds to believe that
	(a) an offence has been committed with respect to which the state or entity has jurisdiction; and
	Clause 69: New.
	State Immunity Act
	Clause 70: Section 16 reads as follows:
	16. Where, in any proceeding or other matter to which a provision of this Act and a provision of the Visiting Forces Act or the Foreign Missions and International Organizations Act apply, there is a conflict between those provisions, the provision of this Act ceases to apply in the proceeding or other matter to the extent of the conflict.
	Witness Protection Program Act
	Clause 71: The relevant portion of section 3 reads as follows:
	3. The purpose of this Act is to promote law enforcement by facilitating the protection of persons who are involved directly or indirectly in providing assistance in law enforcement matters in relation to
	. . .
	(b) activities conducted by any law enforcement agency in respect of which an agreement or arrangement has been entered into under section 14.
	Clause 72: The relevant portion of subsection 6(1) reads as follows:
	6. (1) A witness shall not be admitted to the Program unless
	(a) a recommendation for the admission has been made by a law enforcement agency;
	Clause 73: The relevant portion of section 10 reads as follows:
	10. Where a decision is taken
	(a) to refuse to admit a witness to the Program, the Commissioner shall provide the law enforcement agency that recommended the admission or, in the case of a witness recommended by the Force, the witness, with written reasons to enable the agency or witness to understand the basis for the decision; or
	Clause 74: New.
	Clause 75: The relevant portion of section 15 reads as follows:
	15. The Commissioner's powers under this Act, other than those that may be exercised in the circumstances referred to in paragraphs 11(3)(b) to (d), may be exercised on behalf of the Commissioner by any member of the Force authorized to do so but, where a decision is to be taken
	. . .
	(b) whether to admit a witness to the Program pursuant to an agreement under paragraph 14(1)(a) or an arrangement under subsection 14(2) or to change the identity of a protectee or terminate the protection provided to a protectee, the member making the decision shall be the Assistant Commissioner who is designated by the Commissioner as being responsible for the Program.