Fifth Annual Report
Canada's Crimes Against Humanity
and War Crimes Program
2001-2002

INTRODUCTION

 
The policy of the Canadian Government is unequivocal that Canada is not and will not become a safe haven for persons who have committed war crimes, crimes against humanity or other reprehensible acts regardless of when or where they were committed.

Since the mid-1980's Canada has undertaken significant measures, both within and outside of its borders to break the cycle of impunity enjoyed by persons who have committed atrocities. These measures include a new statute and amendments to three others to support and strengthen enforcement strategies as well as the creation of specialized units in the three departments which, through a coordinated effort, deliver Canada's Crimes Against Humanity and War Crimes Program. Each unit is allocated dedicated resources for program development and delivery on an annual basis.

The issue of apprehending and dealing appropriately with persons who have allegedly committed crimes against humanity or war crimes is an international one requiring international solutions and cooperation. Canada was actively involved in supporting the establishment of the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) and provided a prominent Canadian, Madame Justice Louise Arbour, as a Chief Prosecutor for the ICTY. It was another Canadian, Philippe Kirsch, current ambassador to Sweden, who served as chair of the pivotal Committee of the Whole at the Rome Conference, where the International Criminal Court was created.

Canada has ratified both the International Criminal Court Statute (ICC) and the protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts and was the first country to introduce comprehensive legislation incorporating the provisions of the ICC statute into domestic law with the proclamation of the Crimes Against Humanity and War Crimes Act on October 23, 2000. While there have not yet been any prosecutions under this new statute, there are 72 cases under active investigation and an infrastructure has been developed to implement this new component of Canada's Crimes Against Humanity and War Crimes Program. The ICC statute was ratified on April 1, 2002 and entered into force on July 1, 2002.

Canada has also been an active supporter of the Sierra Leone Special Court and has been involved in the development of the Sierra Leone Truth and Reconciliation Commission (SLTRC). On May 27, 2002, Professor William A. Schabas, a prominent Canadian international law expert, was appointed as one of the three international Commissioners of the SLTRC.

With respect to World War II atrocities, all allegations of persons in Canada who may have committed war crimes during World War II (1673 cases) have been or are being investigated and eighteen cases have been identified for enforcement action to date. Of these, eleven have been concluded while seven remain in the litigation process. It must be acknowledged that all World War II cases represent significant challenges due to the age and declining health of suspects and witnesses. Despite this, World War II cases continue to be actively investigated. In its 2002 Annual Report, the Simon Wiesenthal Centre spoke favourably of Canada's efforts and encouraged other states to follow the example of Canada and the United States which use denaturalization and deportation proceedings rather than prosecution to bring these perpetrators to justice.

With respect to modern cases, a total of 445 persons were refused visas at overseas missions due to war crimes allegations. Of those who were able to enter Canada, 46 were removed, an increase from the previous year. The number of cases in which the Minister intervened for exclusion at refugee determination hearings has increased significantly. It is anticipated that increased security measures authorized by the government in response to the events of September 11, 2001 will ultimately strengthen Canada's capacity to take enforcement action against modern war criminals.

Appendix A provides a comprehensive backgrounder on Canada's Crimes Against Humanity and War Crimes Program.

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