Regina v. Finta

Jurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Section 7(3.71) of the Canadian Criminal Code providing for prosecution of war criminals in Canadian courts for acts or omissions occurring outside Canada during Second World War — Whether merely jurisdictional provision or creating new offences of war crimes and crimes against humanity — International and domestic elements of offence — Roles of judge and jury — Whether acts or omissions constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for jury Relationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes in Canada — Canadian legislation conferring jurisdiction on Canadian courts to prosecute defendants for acts and omissions occurring outside Canada — Acts and omissions deemed to have occurred in Canada if the acts and omissions constitute war crimes or crimes against humanity and would constitute offences under Canadian law in force at time of act or omission — Accused charged under Canadian Criminal Code in respect of acts and omissions occurring in Hungary during Second World War — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or jury War and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of 285 accused — Whether requirement that accused knew that acts or omissions constituted war crimes or crimes against humanity — Whether more stringent requirements of mens rea than for ordinary underlying domestic offences — Defence of obedience to superior orders — Municipal legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during Second World War — Legislation deeming offences to have been committed inside Canada, provided that constituted war crimes or crimes against humanity — The law of Canada