Bill C-19
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| R.S., c. C-46
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Criminal Code |
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| 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)
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42. Subsections 7(3.71) to (3.77) of the
Criminal Code are repealed.
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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,''.
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44. Section 469 of the Act is amended by
adding the following after paragraph (c):
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| Crimes
against
humanity
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| R.S., c. 30
(3rd Supp.),
s. 2; 1992, c.
1, s. 60 (Sch.
I, s. 35)(F)
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45. Subsection 607(6) of the Act is
replaced by the following:
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| Exception:
foreign trials
in absentia
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(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
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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.
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46. Section 745 of the Act is amended by
adding the following after paragraph (b):
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| 1999, c. 18
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Extradition Act |
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47. Section 2 of the Extradition Act is
amended by adding the following in
alphabetical order:
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| ``International
Criminal
Court'' « Cour pénale internatio- nale »
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``International Criminal Court'' means the
International Criminal Court as defined in
subsection 2(1) of the Crimes Against
Humanity and War Crimes Act.
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48. The Act is amended by adding the
following after section 6:
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| No immunity
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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.
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49. Subsection 14(2) of the Act is replaced
by the following:
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| Extension
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(2) On application of the Attorney General,
a judge
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50. Subsection 18(1) of the Act is replaced
by the following:
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| Decision of
judge
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18. (1) The judge before whom a person is
brought following arrest under section 13 or
16 shall
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| Mandatory
adjournment
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(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.
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| Recommen- dations of Pre-Trial Chamber
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(1.2) If the Pre-Trial Chamber of the
International Criminal Court submits
recommendations, the judge shall consider
them before rendering a decision.
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51. Subsection 40(5) of the Act is replaced
by the following:
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| Extension of
time
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(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:
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52. The Act is amended by adding the
following after section 47:
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| When
grounds for
refusal do not
apply
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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.
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53. Section 76 of the Act is replaced by the
following:
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| Unscheduled
landing
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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,
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| 1991, c. 41
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Foreign Missions and International Organizations Act |
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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):
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| R.S., c. I-2
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Immigration Act |
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| R.S., c. 30
(3rd Supp.),
s. 3
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55. (1) Paragraph 19(1)(j) of the
Immigration Act is replaced by the
following:
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| 1992, c. 49,
s. 11(3)
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(2) Paragraph 19(1)(l) of the Act is
replaced by the following:
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| R.S., c. 30
(4th Supp.)
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Mutual Legal Assistance in Criminal Matters Act |
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56. Subsection 2(1) of the Mutual Legal
Assistance in Criminal Matters Act is
amended by adding the following in
alphabetical order:
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| ``International
Criminal
Court'' « Cour pénale internatio- nale »
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``International Criminal Court'' means the
International Criminal Court as defined in
subsection 2(1) of the Crimes Against
Humanity and War Crimes Act.
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57. The Act is amended by adding the
following after section 9:
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International Criminal Court |
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| Orders for
restraint or
seizure
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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.
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| Filing of order
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(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.
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| Enforcement
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(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.
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| Orders of
reparation or
forfeiture or
imposing
fines
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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.
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| Enforcement
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(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
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On being filed, the order shall be entered as a
judgment of that court.
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| Requirement
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(3) Before filing an order referred to in
subsection (1), the Attorney General of
Canada must be satisfied that
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| Effect of
registered
order
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(4) An order has, from the date it is filed
under subsection (2), the same effect as if it
had been
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| Payment into
Crimes
Against
Humanity
Fund
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(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.
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| Filing of
amendments
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(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.
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| Notice
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(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.
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| Application of
Criminal
Code
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(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.
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58. Section 10 of the Act is replaced by the
following:
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| Application of
Criminal
Code
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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.
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| 1999, c. 18,
s. 103
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59. Section 11 of the Act is replaced by the
following:
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| Approval of
request for
investigative
measures
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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.
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| Application
for warrant
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(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.
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| 1999, c. 18,
s. 104(1)
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60. Paragraph 12(1)(a) of the Act is
replaced by the following:
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61. The Act is amended by adding the
following after section 13:
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| Other
warrants
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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.
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| Criminal
Code applies
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(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.
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| Exception
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(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.
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| 1999, c. 18,
s. 107
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62. Subsection 17(1) of the Act is replaced
by the following:
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| Approval of
request to
obtain
evidence
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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.
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| 1999, c. 18,
s. 108(1)
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63. (1) Paragraph 18(1)(a) of the Act is
replaced by the following:
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