Offences within Canada

Article 4

1) Every person is guilty of an indictable offence who commits

(a) genocide;

Offences within Canada

Article 4

Genocide, etc., committed in Canada

Definitions

3) The definitions in this subsection apply in this section.

“"genocide ” means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide 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.

Offences committed outside Canada

Article 6

Genocide, etc., committed outside Canada

(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.

Offences Outside Canada

Article 6

Genocide etc. committed outside Canada

Definitions

(3) The definitions in this subsection apply in this section.
"genocide ” means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that at the time and in the place of its commission, constitutes genocide 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.

Provisions of the Rome Statute

Article 6

Genocide

For the purpose of this Statute, “"genocide”" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) imposing measures intended to prevent births within the group;

(e) forcibly transferring children of the group to another group.

Criminal Code of Canada

Part VIII- OFFENCES AGAINST THE PERSON AND REPUTATION

HATE PROPAGANDA

318 (2) In this section, “genocide” means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,

(a) killing members of the group; or

(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

Criminal Code of Canada

PART XIV- JURISDICTION - GENERAL

469. Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than

(c.1) an offence under any of sections 4 to 7 of the Crimes Against Humanity and War
Crimes Act;

PART 1 Immigration to Canada
DIVISION 4 Inadmissibility
35. (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for
(a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
(b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or
(c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has im¬posed or has agreed to impose sanctions in concert with that organization or association.

PART 1Immigration to Canada
DIVISION 6 Detention and Release
55 (3) A permanent resident or a foreign national may, on entry into Canada, be detained if an officer
(b) has reasonable grounds to suspect that the permanent resident or the foreign nation¬al is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.

PART 1 Immigration to Canada
DIVISION 6 Detention and Release
58 (1) The Immigration Division shall order the release of a permanent resident or a foreign national unless it is satisfied, taking into account prescribed factors, that
(c) the Minister is taking necessary steps to inquire into a reasonable suspicion that they are inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality;

(1.1) Despite subsection (1), on the conclusion of a review under subsection 57.1(1), the Immigration Division shall order the continued detention of the designated foreign national if it is satisfied that any of the grounds described in paragraphs (1)(a) to (c) and (e) exist, and it may not consider any other factors.

PART 1 Immigration to Canada
DIVISION 7 Right of Appeal
64. (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
(2) For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).

PART 2 Refugee Protection
DIVISION 2 Convention Refugees and Persons in Need of Protection
Examination of Eligibility to Refer Claim
101 (1) A claim is ineligible to be referred to the Refugee Protection Division if
(f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).

PART 2 Refugee Protection
DIVISION 2 Convention Refugees and Persons in Need of Protection
Suspension or Termination of Consideration of Claim
103 (1) Proceedings of the Refugee Protection Division in respect of a claim for refugee protection are suspended on notice by an officer that
(a) the matter has been referred to the Immigration Division to determine whether the claimant is inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or

PART 2 Refugee Protection
DIVISION 3 Pre-removal Risk Assessment
Protection
112(3) Refugee protection may not be conferred on an applicant who
(a) is determined to be inadmissible on grounds of security, violating human or international rights or organized criminality;

PART 2 Refugee Protection
DIVISION 3 Pre-removal Risk Assessment
Principle of Non-refoulement
115 (1) A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.
(2) Subsection (1) does not apply in the case of a person
(b) who is inadmissible on grounds of security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.