The Harper government allowing the use of information gleaned from the use of torture is not only repugnant and morally reprehensible but violates our commitment to the International Criminal Court and more importantly Canadian law. Anyone who uses such info is as guilty of being an accessory to the crime as is someone who receives stolen goods.I have copied and pasted the section dealing with crimes committed outside Canada but the domestic statute reads much the same.
*All emphasis is mine
Crimes Against Humanity and War Crimes Act:
6. (1) Every person who, either before or after the coming into force of this section, commits outside Canada
- (a) genocide,
- (b) a crime against humanity, or
- (c) a war crime,
is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.Marginal note:Conspiracy, attempt, etc.
(1.1) 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) is guilty of an indictable offence.Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) or (1.1)- (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and
- (b) is liable to imprisonment for life, in any other case.
Marginal note:Definitions
(3) The definitions in this subsection apply in this section.- “crime against humanity”« crime contre l’humanité »
- “crime against humanity” means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.
Is the above quote from the Criminal Code? If so, who is in charge of upholding this statute?
ReplyDeleteWho collects the evidence? RCMP - only if they believe a conviction is possible.
Once RMP have evidence they take it to a Crown Prosecutor and together they determine if charges are warranted since there are statutes of limitations and other defenses that mitigate the situation.
Does it then go to a Human Rights tribunal? or a Court?
There is still a long way to go before we find out who exactly upholds the Laws in Canada...
Yes that was culled directly from the criminal code. Military personnel would I suspect be subjected to the military's legal process. Non military would be subject to the civilian process. The ICC can only get involved if we refuse to deal with credible accusations however they don't seem too interested in prosecuting 1st world nations
DeleteWhat happens if the Police commit a crime against humanity?
ReplyDeleteEvery politician lines up to praise them ala #G20 Seriously though they are bound by the same laws as every one but alas....
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