BACKGROUNDER

THE INVESTIGATION OF WAR CRIMES IN CANADA

Canada will not be a safe haven for those who have committed war crimes, crimes against humanity, or other reprehensible acts during armed conflict. This policy has led to the establishment of legal and investigative procedures in Canada to identify, prosecute or deport those who have committed these acts.

"War crimes" are considered to be criminal acts committed during armed conflict, which violate the rules of war defined by international law. They include the ill treatment of civilian populations within occupied territories, the violation and exploitation of individuals and private property, and the torture and execution of prisoners.

"Crimes against humanity" refers to crimes such as murder, enslavement, and racial, religious or political persecution or any other inhumane act committed against civilians, whether or not the act is in violation of the territorial law in force at the time.

Canada's policy against such crimes and reprehensible acts is unequivocal, and is not restricted to particular conflicts or to crimes committed in certain times or places.

Canada's Strategy

Since 1995, Canada's strategy for dealing with war crimes, crimes against humanity, and other reprehensible acts has been focused on the revocation of citizenship and the deportation of war criminals.

This focus was initiated in 1995 by the Honourable Allan Rock, then Minister of Justice, and the Honourable Sergio Marchi, then Minister of Citizenship and Immigration, who announced that 12 cases of revocation and deportation relating to World War II crimes would be launched by 1997.

By September of 1997, this commitment had been exceeded, with 14 World War II cases initiated and further cases being prepared for hearing.

In addition, more than 70 individuals have been removed from Canada for involvement in present-day crimes against humanity. A further 270 persons have been excluded from obtaining refugee status in Canada owing to war crimes activity.

Canada has established new landmarks in international jurisprudence by being the first country to order a Rwandan war criminal deported. This case clarified that incitement to commit war crimes is as serious an offence as personal participation in atrocities. In the recent Salvadoran case of Ramirez, Canadian courts defined for the international community for the first time the notion of "individual complicity".

In fact, Canada has become a world leader in the detection and deportation of present-day war criminals.

Accountability

Beginning in the spring of 1998, the Department of Justice and the Department of Citizenship and Immigration will issue annual reports on the progress of Canada's efforts to bring war criminals to justice.

These annual reports will provide basic information and data on Canada's war crimes effort to date. Information regarding Canada's strategy in dealing with war crimes will thus be accessible to all Canadians.

Improvements to Canada's war crimes legislation will be subject to future public discussion and debate. For example, possible amendments to the Extradition Act allowing for the deportation of suspected war criminals straight to the international tribunal in The Hague, or to a permanent international criminal court, is currently being considered. Also being considered are further amendments to Canada's Criminal Code in the matter of prosecution for war crimes.

War Crimes Investigations

There are two primary agencies for the investigation of war crimes.

The War Crimes and Special Investigations Unit of the Royal Canadian Mounted Police (RCMP) was first established in 1985 to assist the Royal Commission on war crimes conducted by Mr. Justice Jules Deschênes. It continues to conduct investigations of all cases of war crimes.

The Crimes Against Humanity and War Crimes Section of the Department of Justice provides the legal and historical support for war crimes investigations. This section is made up of lawyers, historians and support staff as well as foreign-based historians and language specialists under contract.

International Cooperation

Since the beginning of its war crimes program, Canada has been a leader in forging close operational ties with other war crimes investigative units such as those based in the United Kingdom, Australia, New Zealand and the United States.

International war crimes investigations also require on-going cooperation and links within a network of governments worldwide and through international agencies such as the United Nations. Canada has played a leading role in this level of international activity as well.

In 1991, Canada hosted an international conference to discuss joint international investigations and the sharing of information concerning war crimes, particularly in light of the break-up of the former Soviet Union. The Ottawa Conference of that year contributed to an international agreement to cooperate in conducting historical research and sharing resources by jointly investigating those suspected of war crimes.

Over the past several years, the Canadian war crimes team has made considerable progress in opening hitherto inaccessible sources of war crimes research material. A major step forward was achieved when Department of Justice historians gained free access to all government archives in the East Bloc and the U.S.S.R.

Justice war crimes officials reached an agreement permitting historians working for the Crimes Against Humanity and War Crimes Section to conduct primary research in the Soviet Union. This agreement has allowed for more flexibility in locating and interviewing Soviet witnesses, and interviewing and taking statements from them in accordance with Canadian police procedures.

More recently, Canada has been a leading advocate within the United Nations for the establishment of a permanent international criminal court to hear war crimes cases.

Communications and Executive Services
December 12, 1997