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Domestic application of international law
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Crimes Crime of Aggression / Crimes against peace
No provision. However, the illegal use of armed force which unavoidably and inevitably results in the death of large numbers of civilians could be subject to punishment for crimes against humanity.
Crimes Against Humanity
Sections 4, 5, 6 and 7: Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24). [ENG]
Section 6, subsection (5) of the said Act provides guidance on the interpretation of Crimes Against Humanity, according to which:"(5) For greater certainty, the offence of crime against humanity was part of customary international law or was criminal according to the general principles of law recognized by the community of nations before the coming into force of either of the following:
See also Sections 30 and 31 concerning the establishment of a Crimes Against Humanity Fund.(a) the Agreement for the prosecution and punishment of the major war criminals of the European Axis, signed at London on August 8, 1945; and
(b) the Proclamation by the Supreme Commander for the Allied Powers, dated January 19, 1946."Genocide
Sections 4, 5, 6 and 7: Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24). [ENG] War Crimes
Sections 4, 5, 6 and 7: Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24). [ENG] And also:
Comprehensive Nuclear Test-Ban Treaty Implementation Act (S.C. 1995, c. 25) [ENG]
Anti-Personnel Mines Convention Implementation Act (S.C. 1997, c. 33).
(Version in force since Jul 2, 2003). [ENG]
Chemical Weapons Convention Implementation Act (S.C. 1995, c. 25).
(Version in force since Feb 26, 2015). [ENG]
Prisoner-of-War Status Determination Regulations (SOR/91-134).
(Version in force since Mar 22, 2006). [ENG]
Geneva Conventions Act (R.S.C., 1985, c. G-3).
(Version in force since Jul 18, 2008). [ENG]
An Act to incorporate the Canadian Red Cross Society (S.C. 1909, c. 68).
(Version in force since Jan 31, 2008). [ENG]
Interpretation rule common to crimes against humanity, genocide and war crimes ( Section 6, subsection (4) of the Crimes Against Humanity and War Crimes Act ):"Interpretation -- customary international law
(4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary international law. This does not limit or prejudice in any way the application of existing or developing rules of international law."
Jurisdiction
Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24). [ENG]
According to Sections 6(1) and 8 of the Crimes Against Humanity and War Crimes Act:"Genocide, etc., committed outside Canada
In addition, section 7, subsection (3) stipulates that:
6. (1) Every person who, either before or after the coming into force of this section, commits outside Canada(a) genocide,
is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.
(b) a crime against humanity, or
(c) a war crime,
Jurisdiction
8. A person who is alleged to have committed an offence under section 6 or 7 may be prosecuted for that offence if(a) at the time the offence is alleged to have been committed,
(b) after the time the offence is alleged to have been committed, the person is present in Canada."
- the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,
- the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state,
- the victim of the alleged offence was a Canadian citizen, or
- the victim of the alleged offence was a citizen of a state that was allied with Canada in an armed conflict; or
"(3) A person who is alleged to have committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in accordance with section 8."
Section 7, subsection (1) concerns the breach of responsibility by military commanders; subsection (2) concerns the breach of responsibility by a superior and subsection (2.1) the forms of participation (conspiracy, attempt, etc.) in the commission of the offences referred to in subsection (1) or (2).
The universal application of the jurisdiction of the Canadian courts in these matters is supported by section 11 of the Canadian Charter of Rights and Freedoms, which provides:Any person charged with an offence has the right... not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations."
In addition, Section 3 of the Geneva Conventions Act establishes the jurisdictional regime over graves breaches of the Geneva Conventions.
International Criminal Court
Rome Statute of the International Criminal Court: Canada signed the Rome Statute on 18 December 1998 and deposited its instrument of ratification on 07 July 2000.
Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24). [ENG]
R. c. Munyaneza. 2009 QCCS 4865
(Sentencing Judgement). Superior Court, Montreal, Canada, 29 October 2009
R. c. Munyaneza. 2009 QCCS 4865
(Jugement sur la peine dans l'affaire Munyaneza). Cour Supérieure, Montréal, Canada, 29 octobre 2009. [FRA]
Bil'In (Village Council) v. Green Park International Inc. 2009 QCCS 4151
Superior Court of Canada, Montreal, Canada, 18 September 2009
Canada (Justice) c. Khadr. [2008] 2 R.C.S. 125, 2008 CSC 28
Cour suprême du Canada, Ottawa, Canada, 23 mai 2008. [FRA]
Amnesty International Canada v. Canada (Chief of the Defence Staff). 2008 FCA 401, [2009] 4 F.C.R. 149.
Federal Court of Appeal, Ottawa, Canada, December 10 and 17, 2008
Amnesty International Canada v. Canada (Chief of the Defence Staff). 2008 FC 336.
Federal Court, Ottawa, Canada, March 12, 2008
Mugesera c. Canada (Ministre de la Citoyenneté et de l'Immigration). [2005] 2 R.C.S. 100, 2005 CSC 40. [FRA]
Mugesera c. Canada (Ministre de la Citoyenneté et de l'Immigration). [2005] 2 R.C.S. 91, 2005 CSC 39. [FRA]
Mugesera c. Canada (Ministre de la Citoyenneté et de l'Immigration). [2004] 3 R.C.S. 323, 2004 CSC 62. [FRA]
R. v. Finta, [1994] 1 RCS 701
Supreme Court of Canada, Ottawa, Canada, 24 March 1994
Universal Jurisdiction: Conviction of Désiré Munyaneza under Canada's Crimes Against Humanity and War Crimes Act 2000.
Australian Red Cross and Mallesons Stephen Jaques, 03 September 2010. [Edition in progress]
Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24).
Justice Laws Website, Government of Canada [ENG]. [Last accessed 17Nov17]. [External Link]Loi sur les crimes contre l’humanité et les crimes de guerre (L.C. 2000, ch. 24).
Site Web de la législation (Justice), Gouvernement du Canada [FRA]. [Last accessed 17Nov17]. [External Link]Annual reports of the War Crimes Program.
Department of Justice, Government of Canada. [ENG/FRA]. [Last accessed 17Nov17]. [External Link]War Crimes Program.
Department of Justice, Government of Canada. [ENG/FRA]. [Last accessed 17Nov17]. [External Link]Summary of the Final Report of the Truth and Reconciliation Commission of Canada.
This report addresses the matter of cultural genocide against the aboriginal peoples of Canada.
[ENG]. [Last accessed 17Nov17]. [External Link to pdf file.]Justice Laws Website.
(Online source of the consolidated Acts and regulations of Canada)
Government of Canada [ENG/FRA]. [Last accessed 17Nov17]. [External Link]The Canadian Legal Information Institute. [ENG/FRA]. [Last accessed 17Nov17]. [External Link]