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October 18 2008

United Nations General Assembly

Frank Gallagher
34 Riverglen Drive
Keswick, Ontario
L4P 2P8
905-476-8959
frank@cdf.name
Manager
Charter Democracy Force

www.cdf.name

otp.informationdesk@icc.cpi.int

Re: Canadian Government Organized Crime


conspiracy and cooruption
Law Societies and Bar Associations
Tyranny indifferent to democratic and
constitutional rights and the rule of law

Non compliance with


Universal Declaration of Human Rights

Dear United Nations General Assembly & all persons financed by the world
populous involved with Human Rights

My name is Frank Gallagher, just a regular Canadian citizen, retired August 2004
who had criminal acts of fraud committed against me valued at more than
$140,000 at a Ontario Rental Housing Tribunal on June 30 2005 which the
pertinent law enforcement departments refused to commence or cause to
commence proceedings, being obstruction of justice consistent with the
Constitution Act, 1982 conducive to every individual’s guaranteed Charter rights
of equal protection and benefits as per Part 1, Canadian Charter of Rights and
Freedoms, whereas Canada is founded upon principles that recognize the
supremacy of God and the rule of law.

Over the passed three years 24/7 with the little time for sleep, a sleep disorder
anyway I have endeavoured to find a legitimate federal or provincial government
department, agency or police department personnel coherent to sane moral
thought and reason consistent with the Constitution conducive to every
individual’s guaranteed Charter rights, but invariably they have provided me with
irrefutable evidence the entire government is under the control of members of the
Law Societies with members, the Minister of Justice and Attorney General of
Canada and the Attorney General of Ontario playing major roles with evidence
suggesting all provincial Attorney Generals are involved in a conspiracy against

1
the Canadian people to ransack them at will with the media in cooperation with
them which seriously compromises the individual’s guaranteed Charter rights with
the legal system not accessible to the moral majority, with only those people of
the upper tier who are financially able to pay their exorbitant extortion prices can
access.

It would take me days to attempt to cover the ramifications of their persecutions


upon the people of the lower tiers, not having a voice where it is irrelevant which
political party is in power as they are all cooperative with the conspiracy.

They with the affluent and influential scratching each other’s backs to power and
wealth for leverage to satiate their insatiable lust, a persistent thing since well
before Confucius 551 BC – 479 BC rose from poverty to dine with kings chose to
leave the upper class to walk about the people providing them with the Golden
Rule, Do not impose on others what you would not wish for yourself” the
resolve to the struggle of humankind and inhumanities cast upon them from the
people of the upper tier being the cause for poverty and starvation world wide
which is greater today than ever before, despite all the money people waste
financing these people and Armed Forces who Confucius explained liked this.

“There were no dates in this history, but scrawled this way and that across every page were the words
BENEVOLENCE, RIGHTEOUSNESS and MORALITY…finally I began to make out what
was written between the lines; the whole volume was filled with a single phrase:
EAT PEOPLE.

It is quite obvious the words are true today even though 500 years later Jesus
affirmed the Golden Rule as the aspirations attributed to God “Do unto others
as you would have them do unto you”

The Golden Rule is “The Spirit of the Law” the supreme law of Canada being
consistent with “The Letter of the Law” being particularly conducive to every
individual’s guaranteed Charter rights of equal protection and benefit.

There are books and books the members of the Law Societies study and write up
to articulate how to deal with varying conditions and circumstances all a
humongous waste of time adverse to “The Spirit of the Law” providing them
opportunity to abuse the Spirit in every which way they believe they have
cunningly deceived the people which in fact just documents their unscrupulous
spirit adverse to the Constitution and the people’s democratic and Charter rights
being of no force or effect if their was any authority competent responsible
irreproachable with fortitude and conviction to the Constitution and its people.

The ultimate result of their unscrupulous ways as charlatans of deception and


prevarication absolutely indifferent to the peoples Charter rights is predictable of
the inhumanity that is persistent world wide.

Capitalism democracy is not democracy nor consistent with the Constitution


Charter rights, absolutely adverse and yet they send our Armed Forces into other

2
countries in alliance with other such governments of nefarious bent causing wars
with people of other countries who are well aware of the Capitalist pigs tyranny
acting under the façade of Democracy.

Principles: main beliefs, values, philosophy, ideology, morality, ethics, doctrine, principle

Supremacy: pre-eminence, ascendancy, primacy, superiority, domination, incomparability,


dominance

Democracy: Social equality, equality, egalitarianism.....Egalitarianism:


Parity, fairness, equal opportunity, impartiality

Justice: Fairness, impartiality, righteousness, even-handedness, fair dealing, honesty, integrity

We people of the moral majority with no experience in law but adept to common
sense and the meanings words are assigned to and the meaning that is intended
to be communicated when they are used and if the government members of the
Law Societies mean what they say when these words are used in the laws they
enact then they must act consistent in, of and with “The Spirit of the Law”
conducive to every individual’s democratic and Charter rights or be something
other than that which they purport to be.

The Rule of Law helps us out there. The last line, which invariably makes them
hostile to the rule of law

The Rule of Law (From the Wikipedia)


http://en.wikipedia.org/wiki/Rule_of_law

The Rule of law in its most basic form is no one is above the law
Perhaps the most important application of the rule of law is the principle that governmental authority is
legitimately exercised only in accordance with, publicly disclosed laws, adopted and enforced in accordance with
established procedural steps that are referred to as due process.
The rule of law is hostile to dictatorship and to anarchy.
According to modern Anglo-American thinking, hallmarks of adherence to the rule of law commonly include a
clear separation of powers, legal certainty, the principle of legitimate expectation and equality of all before the
law.
The concept is not without controversy, and it has been said that "the phrase the rule of law has become
meaningless thanks to ideological abuse and general over- use"

The following was extracted from the Law Society of Upper Canada Lawyers Rules
of Conduct.

(103) Interpretation
(f) rules of professional conduct cannot address every situation, and a lawyer should
observe the rules in the spirit as well as in the letter.

Clearly the Golden Rule is "The Spirit of the Law" consistent with democracy, justice, principles, and the rule of
law and any sane person of moral thought and reason could not possibly find the Golden Rule any fairer or
simpler to comprehend where credence must be to that which is least apt to be mistaken by humankind where
all persons in matters of law are presumed sane and human who should have no misunderstanding as to what is
receptive and nonreceptive to each other.

3
Guarantee of Rights and Freedoms

1. The Canadian Charter of Rights and Freedoms guarantees the rights and
freedoms set out in it subject only to such reasonable limits prescribed by
law as can be demonstrably justified in a free and democratic society.

2. Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b)
freedom of thought, belief, opinion and expression, including freedom of the press and other
media of communication; (c) freedom of peaceful assembly; and (d) freedom of association.

7. Everyone has the right to life, liberty and security of the person and the right
not to be deprived thereof except in accordance with the principles of
fundamental justice.

15. (1) Every individual is equal before and under the law and has the right to the
equal protection and equal benefit of the law without discrimination and, in
particular, without discrimination based on race, national or ethnic origin, colour,
religion, sex, age or mental or physical disability.

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have
been infringed or denied may apply to a court of competent jurisdiction to obtain
such remedy as the court considers appropriate and just in the circumstances.

31. Nothing in this Charter extends the legislative powers of any body or
authority.
32. (1) This Charter applies (a) to the Parliament and government of
Canada in respect of all matters within the authority of Parliament
including all matters relating to the Yukon Territory and Northwest Territories; and
(b) to the legislature and government of each province in respect of all
matters within the authority of the legislature of each province.

52. (1) The Constitution of Canada is the supreme law of Canada, and any law
that is inconsistent with the provisions of the Constitution is, to the extent of the
inconsistency, of no force or effect.

Consistency
To meet the terms of the "Letter of the Law" consistency is mandatory where "The Letter of
the Law" clearly recognizes the supremacy of God "The Spirit of the Law" has priority over
"The Letter of the Law" where there is perceived to be ambiguity where as to maintain
consistency "The Spirit of the Law" must prevail throughout and to maintain certainty of justice
and equal protection and benefits of the law the personnel involved in the legal system namely
the members of the Law Societies, government and private sector must be competent,
responsible and irreproachable in continuity with fortitude and conviction to the support of ever
individual's guaranteed Charter rights of protection and benefits.

It is irrelevant whether or not God exists or whether or not one believes he exists, and obviously it
does not matter what one believes CONSISTENCY in "The Spirit of the Law" must be
CONSISTENTLY maintained.

4
Confucius not only gave us the Golden Rule that it is emphatically simple to obey
when one is adept to sane moral thought and reason and just as simple to be
judged and he also gave us

“Recompense injury with justice and recompense kindness


with kindness.”
It is all really very simple and surely well educated people should comprehend
with astute coherence because assuredly us common folk understand it, even
those of us of amoral inclination for they do their misdeeds under the cover of
darkness even in the broad light of day.

Clearly if they applied due diligence to supporting our individual guaranteed


Charter rights of equal protection and benefits as required by law they would be
humanitarians and you need not ever hear about any complaints from Canadians
or any other countries.

In general if all the democratic countries who signed to the Universal Declaration
of Human Rights were actually in concurrence with fortitude and conviction to the
concept the world be in much less conflict and the most important issue is you are
trying to enforce undemocratic capitalist pigs illegitimate democracy against
people of other countries who would be receptive to true legitimate democracy.

These are vary serious issues imperative for you to ponder with sane moral
thought and reason if indeed that is your mandate and not to further advance the
unscrupulous interests of the members of the law societies of nefarious bent
detrimental to the safety and wellbeing of every individual of the world populace
you purport to be their guardians.

I started to read up on the documentation as to what you people are all about and
I have copied a few pages from the web that you will find after my address.

You people should be quite familiar with it so I saw no need for me to waste time
gleaning through it to see if you are in, of and with “The Spirit of the Law” that is
consistent with democracy and the equal rights of people as stated in “The Rule
of Law” Wikipedia version or are you ideological abusers rendering the law
meaningless to a humane moral society.
The concept is not without controversy, and it has been said that "the phrase the rule of law has become
meaningless thanks to ideological abuse and general over- use"

Quite obviously you people are loyal to where the money is consistent with the
inanity of the members of the Law Society attentive to long drawn out debates
and wars that do nothing affirmative to the cause where the roots of the problem
are fighting along with the United Nations and are supported by them.

If I am wrong about you people you will address the issues on the Charter
Democracy Force web site www.cdf.name and affiliate sites referenced thereon
where the evidence published on the sites is irrefutable of the governments
conspiracy against the people of the lower tiers with the middle class being
5
persecuted adverse to their rights of equal protection and benefits all predictable
and obvious to serious humanitarian improprieties.

This is not about directing the United Nations forces at Canada or any other
country where it is simply about telling the world populous the truth and letting
nature take its course consistent with true democracy and constitutional rights
consistent with the words that spew rampant with nothing to back them also
though humongous money spent by the nefarious bent.

If you would study the evidence on the RCMP Final Letter of Disposition web site
http://groups.google.com/group/rcmp-final-letter-of-disposition following the links
to other evidence you will be brought up to speed as quickly as possible and when
you are coherent you will know I have made every effort to incite any
resemblance of conscience in, of and with “The Spirit of the Law” and decidedly it
is not to found in the organized crime, which purports to be the administers of the
Constitution of the Democracy of Canada but is precisely the people the United
Nations General Assembly was formed to deal with.

All the poverty and starving in the world is due to their ideological abuse and
others akin persistent to the meaningless struggle of humankind.

Deal with these issues publicly and the beginning of the end of the struggle of
humankind will be well under way.

Do not and the world will know why with nature taking its course, far greater than
anything documented to date in history.

On the following page it states crimes against humanity are binding on “Her
Majesty” and all of her representatives have been provided the evidence and
requested they deal with the issues but no response to date.

That makes you people the last resort to act on behalf of the people before they
have to act in conventional manner.

Sincerely

Frank Gallagher
Manager
Charter Democracy Force

This Document
“UnitedNationsGeneralAssemblyOctober182008” is
published on the aforementioned web site and will be
e-mailed to all the addresses on the AAAAALIST who
have all been informed of the www.cdf.name web site
and the irrefutable evidence published thereon.

6
Français Contact Us Help Search Canada Site
Justice Home Site Map Programs and Proactive Laws
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Laws Crimes Against Humanity and War Crimes Act ( 2000, c. 24 )


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Constitution HER MAJESTY


Charter Binding on Her Majesty

Search 3. This Act is binding on Her Majesty in right of Canada or a province.

Simple
OFFENCES WITHIN CANADA
Advanced - Point in Time Genocide, etc., committed in Canada

In Annual Statutes
4. (1) Every person is guilty of an indictable offence who commits

Resources
(a) genocide;
Table of Public Statutes
and Responsible
Ministers
(b) a crime against humanity; or
Table of Private Acts (c) a war crime.

Consolidated Index of Conspiracy, attempt, etc.


Statutory Instruments
(1.1) Every person who conspires or attempts to commit, is an accessory after the
Related Resources fact in relation to, or counsels in relation to, an offence referred to in subsection (1)
is guilty of an indictable offence.
Help Punishment

FAQ (2) Every person who commits an offence under subsection (1) or (1.1)

General (a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
Search Help
(b) is liable to imprisonment for life, in any other case.
How to Link

7
Definitions
Printing
(3) The definitions in this subsection apply in this section.
Glossary "crime against humanity"
«crime contre l’humanité »
Important Note
"crime against humanity" means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
Update Notice 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.

"genocide"
«génocide »

"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.

"war crime"
«crime de guerre »

"war crime" means an act or omission committed during an armed conflict that, at
the time and in the place of its commission, constitutes a war crime according to
customary international law or conventional international law applicable to armed
conflicts, whether or not it constitutes a contravention of the law in force at the
time and in the place of its commission.

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.
Breach of responsibility by military commander

*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

8
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.

* [Note: Section 5 in force October 23, 2000, see SI/2000-95.]

Breach of responsibility by a superior

*(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.

* [Note: Section 5 in force October 23, 2000, see SI/2000-95.]

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.
Punishment

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

9
«supérieur »

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

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Last updated: 2008-10-14 Important Notices

Last updated: 2008-10-14 Important Notices

Français Contact Us Help Search Canada Site


Justice Home Site Map Programs and Proactive Laws
Initiatives Disclosure

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


Disclaimer: These documents are not the official versions (more).
Main Page Full Document for Printing [97Kb]
Act current to September 25th, 2008
Statutes by Title Attention: See coming into force provision and notes, where applicable.
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Constitution OFFENCES OUTSIDE CANADA


Charter Genocide, etc., committed outside Canada

Search 6. (1) Every person who, either before or after the coming into force of this
section, commits outside Canada
Simple
(a) genocide,
Advanced - Point in Time
(b) a crime against humanity, or
In Annual Statutes
(c) a war crime,
Resources
is guilty of an indictable offence and may be prosecuted for that offence in
Table of Public Statutes accordance with section 8.
and Responsible
Ministers
Conspiracy, attempt, etc.
Table of Private Acts
(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)
Consolidated Index of
is guilty of an indictable offence.
Statutory Instruments
Punishment

10
Related Resources (2) Every person who commits an offence under subsection (1) or (1.1)

Help (a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and
FAQ
(b) is liable to imprisonment for life, in any other case.
General
Definitions
Search Help
(3) The definitions in this subsection apply in this section.
How to Link "crime against humanity"
«crime contre l’humanité »
Printing "crime against humanity" means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
Glossary 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
Important Note against humanity according to customary international law or conventional
international law or by virtue of its being criminal according to the general
Update Notice 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.

"genocide"
«génocide »

"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.

"war crime"
«crime de guerre »

"war crime" means an act or omission committed during an armed conflict that, at
the time and in the place of its commission, constitutes a war crime according to
customary international law or conventional international law applicable to armed
conflicts, whether or not it constitutes a contravention of the law in force at the
time and in the place of its commission.

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, and may be crimes according to customary
international law before that date. This does not limit or prejudice in any way the
application of existing or developing rules of international law.
Interpretation — crimes against humanity

(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:

(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.

11
Breach of responsibility by military commander

7. (1) A military commander commits an indictable offence if

(a) the military commander, outside Canada,

(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, before or 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.

Breach of responsibility by a superior

(2) A superior commits an indictable offence if

(a) the superior, outside Canada,

(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, before or 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.

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)

12
or (2) is guilty of an indictable offence.
Jurisdiction

(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.
Punishment

(4) Every person who commits an offence under subsection (1), (2) or (2.1) is liable
to imprisonment for life.
Application before coming into force

*(5) Where an act or omission constituting an offence under this section occurred
before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii)
apply to the extent that, at the time and in the place of the act or omission, the act or
omission constituted a contravention of customary international law or conventional
international law or was criminal according to the general principles of law
recognized by the community of nations, whether or not it constituted a
contravention of the law in force at the time and in the place of its commission.

* [Note: Section 7 in force October 23, 2000, see SI/2000-95.]

Definitions

(6) 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.

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,

(i) the person was a Canadian citizen or was employed by Canada in a


civilian or military capacity,

(ii) 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,

(iii) the victim of the alleged offence was a Canadian citizen, or

(iv) the victim of the alleged offence was a citizen of a state that was allied
with Canada in an armed conflict; or

(b) after the time the offence is alleged to have been committed, the person is
present in Canada.

PROCEDURE AND DEFENCES


Place of trial

13
9. (1) Proceedings for an offence under this Act alleged to have been committed
outside Canada for which a person may be prosecuted under this Act may, whether
or not the person is in Canada, be commenced in any territorial division in Canada
and the person may be tried and punished in respect of that offence in the same
manner as if the offence had been committed in that territorial division.

Presence of accused at trial

(2) For greater certainty, in a proceeding commenced in any territorial division under
subsection (1), the provisions of the Criminal Code relating to requirements that an
accused appear at and be present during proceedings and any exceptions to those
requirements apply.
Personal consent of Attorney General

(3) No proceedings for an offence under any of sections 4 to 7 of this Act, or under
section 354 or subsection 462.31(1) of the Criminal Code in relation to property or
proceeds obtained or derived directly or indirectly as a result of the commission of
an offence under this Act, may be commenced without the personal consent in
writing of the Attorney General or Deputy Attorney General of Canada,
and those proceedings may be conducted only by the Attorney General of
Canada or counsel acting on their behalf.
Consent of Attorney General

(4) No proceedings for an offence under section 18 may be commenced without the
consent of the Attorney General of Canada.
2000, c. 24, s. 9; 2001, c. 32, s. 59.

Evidence and procedure

*10. Proceedings for an offence alleged to have been committed before the
coming into force of this section shall be conducted in accordance with the laws of
evidence and procedure in force at the time of the proceedings.

* [Note: Section 10 in force October 23, 2000, see SI/2000-95.]

Defences

11. In proceedings for an offence under any of sections 4 to 7, the accused


may, subject to sections 12 to 14 and to subsection 607(6) of the Criminal Code,
rely on any justification, excuse or defence available under the laws of Canada or
under international law at the time of the alleged offence or at the time of the
proceedings.

When previously tried outside Canada

12. (1) If a person is alleged to have committed an act or omission that is an


offence under this Act, and the person has been tried and dealt with outside Canada
in respect of the offence in such a manner that, had they been tried and dealt with in
Canada, they would be able to plead autrefois acquit, autrefois convict or pardon,
the person is deemed to have been so tried and dealt with in Canada.

Exception

(2) Despite subsection (1), a person may not plead autrefois acquit, autrefois
convict or pardon in respect of an offence under any of sections 4 to 7 if the person
was tried in a court of a foreign state or territory and the proceedings in that court

(a) were for the purpose of shielding the person from criminal responsibility; or

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(b) were not otherwise conducted independently or impartially in accordance
with the norms of due process recognized by international law, and were
conducted in a manner that, in the circumstances, was inconsistent with an
intent to bring the person to justice .

Conflict with internal law

13. Despite section 15 of the Criminal Code, it is not a justification, excuse or


defence with respect to an offence under any of sections 4 to 7 that the offence was
committed in obedience to or in conformity with the law in force at the time and in
the place of its commission.

Defence of superior orders

14. (1) In proceedings for an offence under any of sections 4 to 7, it is not a


defence that the accused was ordered by a government or a superior — whether
military or civilian — to perform the act or omission that forms the subject-matter of
the offence, unless

(a) the accused was under a legal obligation to obey orders of the government
or superior;

(b) the accused did not know that the order was unlawful; and

(c) the order was not manifestly unlawful.

Interpretation — manifestly unlawful

(2) For the purpose of paragraph (1)(c), orders to commit genocide or crimes
against humanity are manifestly unlawful.
Limitation — belief of accused

(3) An accused cannot base their defence under subsection (1) on a belief that an
order was lawful if the belief was based on information about a civilian population or
an identifiable group of persons that encouraged, was likely to encourage or
attempted to justify the commission of inhumane acts or omissions against the
population or group.

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Last updated: 2008-10-14 Important Notices

Last updated: 2008-10-14 Important Notices

otp.informationdesk@icc-cpi.int

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Universal Declaration of Human Rights
(other language versions)
Adopted and proclaimed by General Assembly resolution 217 A
(III) of 10 December 1948

On December 10, 1948 the General Assembly of the United Nations


adopted and proclaimed the Universal Declaration of Human
Rights the full text of which appears in the following pages.
Following this historic act the Assembly called upon all Member
countries to publicize the text of the Declaration and "to cause
it to be disseminated, displayed, read and expounded
principally in schools and other educational institutions, without
distinction based on the political status of countries or
territories."

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have
outraged the conscience of mankind, and the advent of a world in which human beings shall

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enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to


rebellion against tyranny and oppression, that human rights should be protected by the rule of
law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United
Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for
the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL


DECLARATION OF HUMAN RIGHTS as a common standard of achievement for
all peoples and all nations, to the end that every individual and every organ of
society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective
recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.

Article 1.

All human beings are born free and equal in dignity and rights. They are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. Furthermore, no distinction shall be
made on the basis of the political, jurisdictional or international status of the country or territory
to which a person belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.

Article 3.

Everyone has the right to life, liberty and security of person.

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Article 4.

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.

Article 5.

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

Everyone has the right to recognition everywhere as a person before the law.

Article 7.

All are equal before the law and are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8.

Everyone has the right to an effective remedy by the competent national tribunals for acts
violating the fundamental rights granted him by the constitution or by law.

Article 9.

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial
tribunal, in the determination of his rights and obligations and of any criminal charge against
him.

Article 11.

(1) Everyone charged with a penal offence has the right to be presumed innocent until proved
guilty according to law in a public trial at which he has had all the guarantees necessary for his
defence.

(2) No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the penal offence was committed.

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Article 12.

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.

Article 13.

(1) Everyone has the right to freedom of movement and residence within the borders of each
state.

(2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.

(2) This right may not be invoked in the case of prosecutions genuinely arising from non-
political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

(1) Everyone has the right to a nationality.

(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his
nationality.

Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.

Article 17.

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

Article 18.

Everyone has the right to freedom of thought, conscience and religion; this right includes
freedom to change his religion or belief, and freedom, either alone or in community with others
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and in public or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20.

(1) Everyone has the right to freedom of peaceful assembly and association.

(2) No one may be compelled to belong to an association.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through
freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage and
shall be held by secret vote or by equivalent free voting procedures.

Article 22.

Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization
and resources of each State, of the economic, social and cultural rights indispensable for his
dignity and the free development of his personality.

Article 23.

(1) Everyone has the right to work, to free choice of employment, to just and favourable
conditions of work and to protection against unemployment.

(2) Everyone, without any discrimination, has the right to equal pay for equal work.

(3) Everyone who works has the right to just and favourable remuneration ensuring for himself
and his family an existence worthy of human dignity, and supplemented, if necessary, by other
means of social protection.

(4) Everyone has the right to form and to join trade unions for the protection of his interests.

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Article 24.

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25.

(1) Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and necessary
social services, and the right to security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and assistance. All children, whether
born in or out of wedlock, shall enjoy the same social protection.

Article 26.

(1) Everyone has the right to education. Education shall be free, at least in the elementary and
fundamental stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be equally accessible to
all on the basis of merit.

(2) Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups, and shall
further the activities of the United Nations for the maintenance of peace.

(3) Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27.

(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the
arts and to share in scientific advancement and its benefits.

(2) Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this Declaration can be fully realized.

Article 29.

(1) Everyone has duties to the community in which alone the free and full development of his
personality is possible.

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(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations
as are determined by law solely for the purpose of securing due recognition and respect for the
rights and freedoms of others and of meeting the just requirements of morality, public order and
the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any
right to engage in any activity or to perform any act aimed at the destruction of any of the rights
and freedoms set forth herein.

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