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Bill C-19

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PROCEEDS OF CRIME

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

    (a) an act or omission in Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 4;

    (b) an act or omission outside Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 6;

    (c) the commission of an offence under any of sections 5, 7, 16 to 23, 25 and 28, or an offence in respect of an act or omission referred to in section 26;

    (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

    (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).

Punishment

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years.

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 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.

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

    (a) an act or omission in Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 4;

    (b) an act or omission outside Canada that constituted genocide, a crime against humanity or a war crime, as defined in section 6;

    (c) the commission of an offence under any of sections 5, 7, 16 to 23, 25 and 27, or an offence in respect of an act or omission referred to in section 26;

    (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

    (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).

Punishment

(2) Every person who contravenes subsection (1)

    (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than two years.

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.

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.

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.

CRIMES AGAINST HUMANITY FUND

Fund established

30. (1) There is hereby established a fund, to be known as the Crimes Against Humanity Fund, into which shall be paid

    (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;

    (b) all money obtained in accordance with section 31; and

    (c) any money otherwise received as a donation to the Crimes Against Humanity Fund.

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.

Regulations

(3) The Governor in Council may make regulations respecting the administration and management of the Crimes Against Humanity Fund.

Credits to Fund

31. The Minister of Public Works and Government Services shall pay into the Crimes Against Humanity Fund

    (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

    (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.

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.

CONSEQUENTIAL AMENDMENTS

R.S., c. C-29

Citizenship Act

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:

    (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 Act ;

    (d) if the person has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity Act ;

1992, c. 20

Corrections and Conditional Release Act

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:

    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 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 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:

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 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 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 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 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 imprison-
ment

(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 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 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 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.

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:

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 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 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.

41. Schedule I to the Act is amended by adding the following after section 5:

6. An offence under any of the following provisions of the Crimes Against Humanity Act:

    (a) section 4 (genocide, etc., committed in Canada);

    (b) section 5 (breach of responsibility committed in Canada by military commanders or other superiors);

    (c) section 6 (genocide, etc., committed outside Canada); and

    (d) section 7 (breach of responsibility committed outside Canada by military commanders or other superiors).

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 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 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 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 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 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;

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