Backgrounder

CANADA'S WAR CRIMES STRATEGY

Canada is a world leader in the detection and deportation of perpetrators of modern-day war crimes and crimes against humanity. Government policy has led to the establishment of legal and investigative procedures in Canada to identify, prosecute, deport or deny entry to those who have committed such acts, regardless of when those acts took place. Canada also stands out among nations for its commitment to bringing to justice those who were involved in war crimes during the Second World War.

Definitions

War crimes are defined as criminal acts committed during international armed conflicts (war between states) and civil wars that violate the rules of war as defined by international law. These acts include mistreatment of civilian populations within occupied territories, violation and exploitation of individuals and private property, and torture and execution of prisoners.

The concept of crimes against humanity includes crimes such as murder, extermination, enslavement, torture and any other inhumane act committed against civilians in a widespread or systematic manner. This applies whether or not the country is in a state of war or if an inhumane act was in violation of the territorial law in force at the time, regardless of when the act took place. State officials or private individuals may have committed such acts against their own nationals or against nationals of other states.

Results in 1999-2000

• 581 people prevented from entering Canada, bringing the total to 922;
• 35 people excluded from refugee determination process, bringing the total to 225;
• 38 people removed from Canada, bringing the total to 145.

In relation to modern-day war crimes and crimes against humanity, the government's strategy has three major components: preventing persons suspected of involvement in atrocities from entering Canada; for those persons detected in Canada, ensuring that they will not benefit from the protection accorded to genuine refugees, and removing them from Canada in a timely way.

On the prevention side, 581 individuals who applied to come to Canada were refused entry for war crimes related allegations, which is an increase of 274 refusals over the year before or an improvement of almost 90%. The Modern War Crimes Unit has placed on a CIC electronic look-out system the names of almost 1200 persons where there are reasonable grounds to believe they have been involved in war crimes. This look-out system can be utilized by visa and immigration officers to screen persons who apply to come to Canada.

With respect to refugee claimants, CIC intervened in refugee hearings involving war crimes allegations 127 times compared with 58 last year (119% higher). The Refugee Division of the Immigration and Refugee Board, excluded 35 persons from becoming a refugee while doing so 25 times last fiscal year (or 40% higher). The number of persons removed from Canada increased from 27 to 38 or 41% between 1998-99 and 1999-2000.

During the 1998-99 fiscal year, CIC examined overseas and inland a total of 1620 cases while this number was 2454 for the 1999-2000 fiscal year. This increase of 834 cases (or 51%) was in part due to more training and issuance of clear guidelines. See Report appendices E, F, G.

With regard to the World War II era, the department of Justice's current workload consists of approximately 82 active files. In addition, initial checks are being undertaken on approximately 147 files. Based on those checks, the files will become either active or inactive. Significant work goes into investigating and developing each of these files. Evidence collection is done through research in archives and witness interviews, both in Canada and abroad.

Since 1995, 17 World War II cases have been commenced and more are under development. The government has won positive decisions in four cases. The defendants have been successful in three cases. Two individuals left Canada voluntarily and one person was deported to Australia. Four more revocation cases are now before the courts and we are confident of further successes in the near future. See Report appendix D.

In addition to pursuing World War II related matters, the Department of Justice's War Crimes Section will apply the experience it has developed over the last thirteen years to the investigation and prosecution of modern war crimes. The Section currently has a significant inventory of active modern files. The Section has also undertaken an initiative to manage electronically all file specific documentation relating to its modern war crimes cases. The project is close to completion and all members of the unit will have instant access, from their workstations, to the suspect's complete file.

Investigations of Perpetrators of War Crimes and Crimes against Humanity

The Interdepartmental Working Group, created in 1998, is the vehicle through which the RCMP, Department of Justice and Department of Citizenship and Immigration co-ordinate all war crimes operations undertaken by the Government of Canada. This co-ordination ranges from developing policy objectives to ensuring day-to-day co-operation on such matters as channeling of cases to the appropriate departmental authority for action.

The three primary investigative agencies are described below.

1. The War Crimes / Immigration and Passport Section of the RCMP was first established in 1985 to assist the Deschênes Commission. The RCMP responds to allegations of war crimes and crimes against humanity reported by the general public as well as by Canadian and foreign government agencies. As the custodian of evidence for Second World War cases, the RCMP assumes a support role with respect to civil or criminal proceedings litigated by the Department of Justice or Citizenship and Immigration. The RCMP War Crimes Section also provides assistance to the United Nations international criminal tribunals for the former Yugoslavia and Rwanda, particularly with respect to locating and interviewing potential witnesses as per the Memoranda of Understanding between Canada and the United Nations tribunal agencies.

2. The Crimes against Humanity and War Crimes Section of the Department of Justice provides the legal and historical support for investigations of Second World War cases. In addition, the Section is now bringing its expertise to bear on its significant inventory of modern war crimes cases. This section is made up of lawyers, historians, support staff and contract historians and linguists based in foreign countries. Through its dedicated modern war crimes information and file management database, the section will be able to manage its inventory of modern war crimes cases more effectively.

3. The War Crimes and Crimes against Humanity Unit was formed in the Case Management Branch of Citizenship and Immigration Canada in April 1996. It investigates all suspected perpetrators of war crimes and crimes against humanity. This unit tracks modern-day perpetrators of war crimes and crimes against humanity who have been identified in Canada and at visa offices abroad. The expansion of CIC's War Crimes Unit has permitted the broadening of the mandate to participate in the strategic management of the modern-day war crimes component of the program. This has included the development of a research capability, a stronger analytical capability, an in-house legal advice capability and a computerized operational support and case-tracking system.

Funding

In 1998, the federal government allocated $46.8 million over three years to ensure that those alleged to have committed war crimes, crimes against humanity, or other reprehensible acts in times of war, irrespective of when those event occurred, are brought to justice. These funds were meant to ensure that Canada would be able to initiate some 14 new WW II cases, process its existing caseload of modern-day war criminals, improve Canada's ability to prevent new arrivals and ensure the prompt removal of those who managed to enter Canada.

In accordance with Treasury Board instruction at the time the funds were allocated, a program evaluation framework has been prepared which will allow the government to review the accomplishments of the initiative over its three-year mandate, before determining resource requirements for future years. A full program evaluation will be conducted in the current 2000-2001 fiscal year. The $46.8 million has been allocated as follows:

Department of Justice

Citizenship and Immigration

Royal Canadian Mounted Police

International Cooperation

Since the start of its War Crimes Strategy, Canada has developed closer operational ties with other states and international bodies who have a direct interest in pursuing war criminals.

The Department of Justice made considerable progress in opening hitherto inaccessible sources of research material when its historians gained free access to all government archives in the former East Block and the U.S.S.R. Justice officials reached an agreement permitting its historians to conduct primary research in the former Soviet Union. This allows for more flexibility in locating and interviewing witnesses and taking statements from them in accordance with Canadian police procedures.

International investigations of war crimes and crimes against humanity require ongoing cooperation between governments at a bilateral level and through international agencies such as the United Nations. Canada has played a leading role in the establishment and workings of the international criminal tribunals for Rwanda and the former Yugoslavia, and cooperation with those tribunals continues.