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Subject:
Is a Canadian citizen who abets armed irregulars against ISAF a traitor?
Category: Relationships and Society > Law Asked by: grthumongous-ga List Price: $21.00 |
Posted:
23 Jan 2004 16:46 PST
Expires: 22 Feb 2004 16:46 PST Question ID: 299545 |
Is a Canadian citizen who abets armed irregulars against ISAF a traitor? Currently ISAF/NATO multi-national forces in Afghanistan include Canadian infantry. If a person holding Canadian citizenship was deemed to be aiding and abetting armed irregulars in-theater against ISAF/NATO and was captured would he/she be a traitor under Canadian Law (ie. one who committed treason)? |
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There is no answer at this time. |
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Subject:
Re: Is a Canadian citizen who abets armed irregulars against ISAF a traitor?
From: manticore1234-ga on 27 Jan 2004 04:10 PST |
I'm not a legal expert but this seems to apply:- Criminal Code PART II OFFENCES AGAINST PUBLIC ORDER Treason and other Offences against the Queen's Authority and Person High treason 46. (1) Every one commits high treason who, in Canada, (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her; (b) levies war against Canada or does any act preparatory thereto; or (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are. From http://www.canlii.org/ca/sta/c-46/sec46.html Para C seems to indicate that this would be High Treason. |
Subject:
Re: Is a Canadian citizen who abets armed irregulars against ISAF a traitor?
From: mpc1980-ga on 09 Aug 2004 01:41 PDT |
It seems quite clear that a Canadian citizen who helps armed combatants against whom the Canadian forces are fighting are not guilty of high treason unless those armed combatants are a nation's armed forces (hence the words, "...and the country whose forces they are..."). So if a Canadian citizen helps armed terrorists to fight against the Canadian forces, he would be guilty of an offence under the anti-terrorism laws, but since these terrorists are not the armed forces of any state, the citizen cannot legally be guilty of high treason. "46(1)Every one commits high treason who, in Canada,...(c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are." |
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