Canada's Crimes Against Humanity and War Crimes Program

Overview of Operations, Mandates and Structure

• Interdepartmental Operations Group
• Canada Border Services Agency
• Royal Canadian Mounted Police
• Department of Justice

Interdepartmental Operations Group

The Interdepartmental Operations Group (IOG), often referred to as the Ops Committee, is the vehicle through which the CBSA, DOJ and the RCMP coordinate the investigation of allegations of crimes against humanity and war crimes undertaken by the Government of Canada. This coordination takes place on several levels, ranging from discussing and developing policy objectives common to all three departments to ensuring proper cooperation at the day-to-day working level. Senior officials from specialized units in each department are active in the IOG.

The IOG ensures that the Government of Canada has properly addressed all allegations of war crimes and crimes against humanity against Canadian citizens or persons present in Canada. Another of its purposes is to ensure that Canada complies with its international obligations. This includes the investigation, prosecution and extradition or surrender of war criminals, and the investigation of the most serious crimes against humanity, as well as cooperation with the international tribunals. In order to meet this objective, the RCMP, with the support of DOJ, investigate allegations involving reprehensible acts that could lead to a possible criminal prosecution. The CBSA pursues the application of remedies under the Immigration and Refugee Protection Act (IRPA) and, when the case involves a Canadian citizen, program partners work with CIC to revoke citizenship under the Citizenship Act. The Department of Justice is involved in all instances where these matters proceed to court.

A major activity of the IOG has been the review of all Crimes Against Humanity and War Crimes files, determining the appropriate course of action, and channelling the files to the appropriate departmental authority for action. There are regular reviews to examine new files that have come to the attention of program partners.

With the proclamation of Canada's Crimes Against Humanity and War Crimes Act, the IOG has done much work in developing the infrastructure to develop cases for prosecution under this new legislation. This includes policy development to establish criteria to ensure that only the most promising cases will become the subject of an investigation and the establishment of criteria to ensure that cases under investigation are appropriately prioritized.

The IOG meets on a monthly basis (or more often when required). Decisions are made by consensus and the chair rotates between the three partners.

Canada Border Services Agency (CBSA)

The CBSA works closely with Citizenship and Immigration Canada (CIC), whichhas a mandate to manage the access of legitimate visitors and immigrants to Canada, to aid them in their resettlement and ultimately, if they so choose, to process them to becoming Canadian citizens. CBSA's Modern War Crimes Program plays an important part in contributing to that mandate. More specifically, it supports the objectives of the Immigration and Refugee Protection Act, (IRPA) by promoting international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks.

Since the inception of the CBSA's Modern War Crimes Program in 1998 (then under Citizenship and Immigration Canada),a three-pronged approach has been taken in dealing with modern-day war criminals, i.e. preventing suspected war criminals from reaching Canada by refusing their immigrant, refugee or visa applications abroad; detecting such persons who have managed to come to Canada, whether they be in the refugee determination, permanent resident or citizenship processes; and by taking the necessary steps to exclude them from the refugee determination process, prevent them from becoming Canadian Citizens, or revoking their citizenship should they be detected after acquiring that status, and ultimately removing these individuals from Canada. Most applicants overseas are identified through the visa screening process. The majority of modern war criminals or persons who have committed crimes against humanity, who are in Canada are not citizens orpermanent residents but have come to Canada as refugee claimants.

In response to the events of September 11, 2001, CIC formed an Intelligence Branch, bringing together the intelligence resources at NHQ. This Branch moved to CBSA on December 12, 2003, with the creation of the CBSA. This provides for a more focused approach to dealing with security issues and working with partners in the intelligence community both within and outside Canada. The Modern War Crimes/Crimes Against Humanity Unit, or more simply, the Modern War Crimes Unit, is one of three units along with the Security Review Unit, and the Organized Crime Unit within the Tactical Intelligence Division

The Modern War Crimes Unit plays a coordinating role on war crimes issues with other departments inside and outside of Canada, and with International Tribunals. The unit provides strategic management of the modern war crimes caseload, by providing support to offices in Canada and overseas through geographic analysts; formulating policy directives and guidelines on war crimes issues;  facilitating the development of a research function; developing subject expertise; formulating and delivering training courses specific to war crimes and crimes against humanity issues; and providing support and advice to the Minister of CBSA and to CIC on cases involving war crimes, crimes against humanity and abusive regimes.

The Resource and Information Management Centre, which is a part of CBSA's Modern War Crimes Unit, provides research support to staff in Canada and overseas, as well as other enforcement partners. The Centre has its own open source library which contains material, newspapers, journals and historical reports concentrating on human right violations that have occurred in current and recent history including legal, military, refugee, historical, and geographic information.  It also serves as a central repository of current information such as news reports or bulletins gathered from media sources and international human rights organizations.

The Centre is also responsible for the development, maintenance and population of the Modern War Crimes System. This open-source database contains information on persons, events and organizations pertaining to war crimes or crimes against humanity and is available to immigration officers in Canada and abroad and to the Regional War Crimes Units. This database also contains a "Reference" feature that includes legal opinions, screening tools and other relevant information. This was part of immigration's initial investment in the war crimes program and is a key component in the sharing of information aimed at the detection of persons who have committed war crimes or crimes against humanity.

Posts abroad have special security vetting procedures to ensure that potential war crimes cases are identified and subjected to checks that are more thorough before a decision to issue a visa, or not, is made.. The posts have screening tools and use specifically designed questionnaires to identify potential war criminals. When concerns are identified that cannot be resolved, the case is referred to the Modern War Crimes Unit in Ottawa. Visitor cases are referred to the Visitor Information Transmission (VITs) analysts who will conduct a complete analysis with input from the Research and Intelligence sections as required. Complex visitor cases or immigrant cases are referred to analysts of the Modern War Crimes Unit who specialize in particular geographical areas.

Within Canada, there are 5 regional War Crimes and Public Security units located in Toronto, Montreal, Vancouver, Winnipeg and Halifax. There are several ways in which the presence of an alleged war criminal in Canada is brought to the attention of CBSA officials. Information may come to light when the person is examined at a port of entry to determine admissibility or when providing information in support of a refugee claim as Personal Information Forms for Refugee Status (PIFs) are screened by the regional war crimes units for possible war crimes activity. Where there is indication of war crimes activity further investigations are conducted and, where warrantedan officer from one of the Regional War Crimes and Public Security Units filesa Minister's Intention to Intervene in the applicant's refugee determination hearing with the Immigration and Refugee Board (IRB). If an IRB member finds that the person was complicit in war crimes or crimes against humanity, they will be excluded from receiving refugee protection. In instances where information about war crimes activity first comes to light at the refugee hearing, the IRB may continue the hearing and decide to exclude the person from refugee protection or, alternatively, adjourn the hearing and request the intervention of the Minister of CBSA (Hearings Officer) to argue the case for exclusion. As well, immigrant/refugee communities have identified to CBSA persons in Canada who have allegedly been involved in the commission of atrocities in their homeland.

Cases may also be referred to the CBSA by the RCMP or DOJ, following a review by the IOG. If the IOG determines that immigration action is warranted, the matter is referred to CBSA for enforcement action under IRPA, or to CIC, for revocation of citizenship under The Citizenship Act. The RCMP then provides investigative support, as required, and DOJ provides legal advice and handles the litigation of any revocation or immigration cases as necessary.

Lastly, when the Canadian Security Intelligence Service (CSIS) has information that a refugee claimant, a prospective immigrant or a citizenship applicant is or was involved in war crimes or crimes against humanity, that information is provided to CBSA only, as set out in section 14(b) of the CSIS Act. CBSA then conducts further inquiries using its specialized research data bases, and specific intelligence information which resides with its Intelligence Coordination and Research Division to establish whether refusal or enforcement action under the war crimes or designated regimes provisions of the Immigration and Refugee Protection Act is warranted.

The former Modern War Crimes Intelligence Co-ordination Unit evolved into the Intelligence Coordination and Research Division of Immigration Intelligence, CBSA, and expanded its role to include Organized Crime and Security Review relatedmatters. In addition to providing tactical intelligence to decision makers in the ModernWar Crimes/Crimes Against Humanity Unit, the Intelligence Coordination and Research Division continues to produce a number of more strategic working aids, such as questionnaires, screening guides and country profiles. These tools are intended to assist Port of Entry personnel, Visa Officers and others who require the information to adequately make decisions.

Functioning as a "central clearing house" for intelligence within the government, the Intelligence Coordination and Research Division is in contact with all other departments that might have intelligence information concerning governments, countries, places or perpetrators of war crimes that would enhance Canada's Crimes Against Humanity and War Crimes Program. Given that most war crimes cases are dealt with under the Immigration and Refugee Protection Act, it was decided to place co-ordination of modern war crimes intelligence within Immigration Intelligence, CBSA.

The Intelligence Coordination and Research Division has established and developed links with intelligence agencies in Canada and abroad and with the International Tribunal for the Former Yugoslavia; in particular, the Unit has benefited considerably from support provided by the Department of National Defence. It produces working aids on countries that are of concern to the Canadian government from a war crimes perspective, produces screening tools to assist visa officers, and plays a pivotal role in developing Canada's capacity to detect and identify war criminals by equipping immigration officers with better knowledge, tools, and expertise.

Given the strife in several parts of the world over the last 30 years, CBSA and CIC havebecome aware that some potential war criminals may have managed to immigrate to Canada and subsequently become Canadian citizens. Unfortunately, this is a reality, given that prior to the early 1990s, Canada did not have the legislative provisions on war crimes that it has today. Improved front-end screening procedures, the provisions that currently exist in IRPA, as well as the formation of the Modern War Crimes Program in 1998, should significantly reduce the risk of this type of occurrence in the future. CIChas responsibility for revoking citizenship, including where the allegation involves issues of modern war crimes or crimes against humanity. Where someone who was complicit in war crimes or crimes against humanity has managed to become a Canadian citizen, the RCMP, supported by DOJ, would investigate the case, and DOJ would provide CIC with an opinion on the case. CIC would evaluate the information and opinion and make a determination as to whether or not to proceed with revoking citizenship.

Royal Canadian Mounted Police

The Royal Canadian Mounted Police is Canada's national police force with responsibility for enforcing all federal statutes including the Crimes Against Humanity and War Crimes Act. The RCMP also provides investigatory support to citizenship revocation process of CIC, and deportation proceedings which are administered by CBSA and litigated by DOJ. The RCMP War Crimes Section is located in Ottawa where full-time police investigators are assigned to World War II and Modern War Crimes cases. Support for the Section is provided by RCMP forensic laboratories as well as RCMP personnel stationed throughout Canada and abroad. Assistance involving other Canadian and foreign police forces as well as the International Criminal Police Organization ("INTERPOL") is coordinated through the RCMP.

The RCMP responds to allegations of war crimes and crimes against humanity from victims, witnesses, foreign governments, ethnic communities, NGOs, open source information as well as allegations which may have come to light through refugee, immigration and citizenship applications.

The RCMP works closely with the DOJ's War Crimes Section to investigate allegations arising out of World War II. This process requires that investigators, relying on archival research by DOJ historians, confirm the presence of suspects in Canada and develop initial witness lists. Working with DOJ counsel, RCMP officers arrange and conduct witness interview trips with the assistance of foreign governments and police officials under bilateral Memoranda of Understanding; these trips are mainly to central and eastern Europe. The investigation results are then reviewed by DOJ counsel and RCMP investigators to determine if there is sufficient evidence to bring criminal charges. If not, a further analysis of the evidence is conducted and, if warranted, revocation and / or deportation proceedings are initiated. Since 1996, the RCMP has investigated a number of suspects alleged to have committed war crimes / crimes against humanity during World War II.

With respect to modern crimes against humanity, the RCMP War Crimes Section has received allegations regarding persons from a number of countries (these may vary from year to year). In essence, individuals assigned to internal security duties in countries known to violate basic human rights are potential targets for investigation if they elect to come to Canada. Some individuals alleged to have engaged in crimes against humanity from recent conflicts might not be prosecuted; nevertheless, the information acquired by the RCMP regarding these individuals is often instrumental in their exclusion from refugee protection and removal from Canada.

The challenges in pursuing these allegations are significant; distances from Canada, long periods of elapsed time since commission of the offences, national borders and linguistic barriers all complicate investigations. While information can be derived from archives with respect to WW II investigations, the same cannot always be said for crimes of more recent origin. Some of the suspects under investigation were not part of formally structured organizations and may have operated in specific locations for very limited periods of time. With little documentary evidence of these atrocities, emphasis is placed on finding witnesses capable of identifying the perpetrators and relating what transpired. To facilitate this process, the RCMP has entered into special cooperation agreements with police departments and public offices in some of the countries where these witnesses are located. There is an ongoing effort to conclude agreements with all countries where witnesses may be located, either for current or future investigations.

Finally, international criminal investigations are a two-way street; the RCMP War Crimes Section also provides assistance to foreign police and international law enforcement authorities such as the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda.

Department of Justice

The Department of Justice (DOJ) assists the federal government to develop policy and to make and reform laws as needed. The responsibilities of the Department of Justice reflect the double role of the Minister of Justice, who is also the Attorney General of Canada. While the Minister is concerned with questions of policy and their relation to the justice system, the Attorney General is the chief law officer of the Crown

As the Government of Canada's law firm, DOJ is mandated to provide legal advice to other branches of the Government, including the CBSA and the RCMP.

Under the Crimes Against Humanity and War Crimes Act, the Attorney General of Canada must consent to charges before they are laid. DOJ is represented at Interdepartmental Operations Group by the Crimes Against Humanity and War Crimes Section (often simply referred to as DOJ's War Crimes Section).

The section is a multi-disciplinary team consisting of lawyers, historians/analysts, paralegals, a historical support group, legal assistants and support staff. The section also hires contract analysts and related experts on an ad hoc basis as required. The section gives all war crimes related legal advice to CBSA, RCMP or CIC.

Modern War Crimes cases

Canada has shown leadership in the manner in which it has dealt with individuals alleged to have been involved in war crimes who reach its shores and in the actions it has taken in supporting international efforts to ensure that war criminals are brought to justice.

With the adoption of the Crimes Against Humanity and War Crimes Act, Canada can choose the most effective enforcement action in a given situation, be it criminal prosecution or extradition of suspected war criminals in Canada, their surrender upon request to international criminal tribunals or the International Criminal Court or the application of immigration remedies. As a result, Canada remains a world leader in the fight to ensure that people who commit atrocities are accountable for their actions. Canada is therefore well placed to face the challenges of further unrest and strife that could result in suspected war criminals seeking refuge in Canada.

The RCMP and DOJ's War Crimes Section have an inventory of files involving war crimes or crimes against humanity committed since WW II, also known as modern war crimes files, referred from the Ops Committee. These files are at various stages of development.

DOJ's War Crimes Section supports the RCMP in their investigation of allegations under the Crimes Against Humanity and War Crimes Act. These investigations target individuals in Canada who are alleged to have participated in crimes against humanity or war crimes anywhere in the world.

Initial archival checks and basic research activities are carried out by in-house historians and analysts who possess background knowledge of the area where the crimes allegedly occurred. RCMP officers assigned to the file, working with Justice counsel, prepare an initial witness list, and conduct interviews with individuals identified as possible witnesses in the allegation documents or by the complainant. A more extensive witness list is then produced, and interviews are conducted by RCMP officers working in conjunction with Justice counsel. These interviews can take place anywhere in the world. Throughout the investigation process, in-house historians and analysts provide ongoing research and advice as required. As the investigation nears completion, they begin the search for, and initiate contacts with, outside experts or analysts to provide expert evidence at trial.

Once an investigation is completed, counsel and RCMP officers jointly evaluate the evidence obtained during the investigations. If sufficient evidence is found which substantiates the allegations, counsel prepare legal advice regarding remedies available under applicable statutes (from enforcement action under the Immigration and Refugee Protection Act and/or the Citizenship Act or that the Attorney General consider laying an indictment under the Crimes Against Humanity and War Crimes Act or the Criminal Code, etc).

DOJ, through its regional offices, also provides extensive assistance to CIC and the CBSA by representing the Minister in all cases before the Federal Court and Legal Services provides legal advice to the department and agency when interpretations of the Immigration Act and the Citizenship Act are required.

DOJ's War Crimes Section, with its partners at CBSA and the RCMP, actively promotes the work of addressing the issue of impunity for crimes against humanity and war crimes. In addition to hosting regular international conferences on issues related to the investigation and prosecution of these offences, members of the Section publish papers in law journals and give presentations in lawschools and conferences at home and abroad, disseminating information about the Rome Statute, domestic legislation and Canada's efforts at ensuring that our country does not become a safe haven for these criminals.

A more complete look at the Modern War Crimes Program may be found here.

World War II War Crimes Cases

In the World War II Program, the War Crimes Section's focus is dealing with allegations that could lead to criminal prosecution or to revocation of citizenship and eventual removal, the latter in co-operation with CBSA, notwithstanding the passage of time that renders this work more and more difficult.

Canada is not and will not be a safe haven for persons involved in war crimes, crimes against humanity or other reprehensible acts during times of conflict regardless of time or place. The government pursues only those cases for which there is evidence of direct involvement or complicity in war crimes or crimes against humanity. A person may be considered complicit if the person is aware of the commission of war crimes or crimes against humanity and contributes directly or indirectly to their occurrence. Membership in an organization responsible for committing the atrocities can be sufficient to establish complicity if the organization in question is one with a limited brutal purpose, such as a death squad.

A more complete description of the WWII Program may be found under the heading WWII Program here.