Regina v. Finta

Title: Regina v. Finta

Description:

520War and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of accused — Whether accused required to have knowledge that acts or omissions concerned constituted war crimes or crimes against humanity — Defence of obedience to superior orders — National legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during World War Two — Legislation deeming offences to have been committed inside Canada, provided that they constituted war crimes or crimes against humanityJurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Canadian legislation extending jurisdiction of Canadian courts to war crimes committed outside Canada during World War Two — International and domestic elements of offence — Roles of judge and jury — Question whether acts or omissions concerned constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for juryRelationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes and crimes against humanity in Canada — Canadian legislation giving jurisdiction to Canadian courts to try defendants for acts or omissions occurring outside Canada — Acts or omissions deemed to have occurred within Canada, provided that they constituted war crimes or crimes against humanity — Defendant charged under Canadian Criminal Code in respect of acts and omissions occurring outside Canada during World War Two — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or jury — The law of Canada.