The Crown appealed an acquittal on charges arising from the confinement, robbery, deportation and deaths of Jewish civilians in wartime Hungary, prosecuted in Canada under the war crimes provisions of the Criminal Code.
The majority held that Canadian courts had jurisdiction only where the acts constituted war crimes or crimes against humanity, and that these international elements, including the requisite subjective awareness of the surrounding facts, formed integral aspects of the offences for jury determination.
The Court also held that superior orders and peace officer defences remained available subject to manifest illegality and the absence of moral choice, and upheld the admission of key hearsay evidence and the trial judge’s decision to call certain witnesses.
The Crown appeal was dismissed and the respondent’s Charter cross-appeal was also dismissed.
