Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24)

Marginal note:Breach of responsibility by military commander

• Footnote ^*5. (1) A military commander commits an indictable offence if

  • (a) the military commander

    • (i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 4, or

    • (ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;

  • (b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and

  • (c) the military commander subsequently

    • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

    • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

      • Return to footnote ^*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]

• Marginal note:Breach of responsibility by a superior

  Footnote ^*(2) A superior commits an indictable offence if

  • (a) the superior

    • (i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 4, or

    • (ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 6;

  • (b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

  • (c) the offence relates to activities for which the superior has effective authority and control; and

  • (d) the superior subsequently

    • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

    • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

      • Return to footnote ^*[Note: Section 5 in force October 23, 2000, see SI/2000-95.]

• Marginal note:Conspiracy, attempt, etc.

  (2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.

• Marginal note:Punishment

  (3) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life.

• Marginal note:Definitions

  (4) The definitions in this subsection apply in this section.

  “military commander”

  « chef militaire »

  “military commander” includes a person effectively acting as a military commander and a person who commands police with a degree of authority and control comparable to a military commander.

  “superior”

  « supérieur »

  “superior” means a person in authority, other than a military commander.