Department
and Forms
Services
Sites
Regulations
and Statistics
Publications
|
 |
2001-15 CANADA'S WAR CRIMES PROGRAM CONTINUES TO BE A SUCCESS OTTAWA, July 4, 2001 -- The Government of Canada's fourth Annual Report on War Crimes was released today by the Honourable Elinor Caplan, Minister of Citizenship and Immigration Canada and the Honourable Anne McLellan, Minister of Justice and the Attorney General of Canada. The report details the government's progress from April 1, 2000 to March 31, 2001 in bringing to justice those involved in war crimes or crimes against humanity. "The Government of Canada has taken significant steps, both within and outside our borders, to ensure appropriate enforcement action is taken against suspected war criminals," said Minister Caplan. "The fourth annual report demonstrates our ongoing commitment to ensure Canada will not become a safe haven for those involved in war crimes or crimes against humanity, past or present." "Through the partnership between the Department of Justice Canada, Citizenship and Immigration Canada and the RCMP, the Government of Canada is able to identify, prosecute, deport or deny entry to those who have committed war crimes or crimes against humanity, regardless of when those acts took place," said Minister McLellan. "The Government of Canada takes its commitment to preventing war criminals from seeking refuge in Canada very seriously. It will continue to take action in cases where there is evidence of direct involvement in, or complicity of, war crimes or crimes against humanity." The Department of Justice Canada, Citizenship and Immigration Canada and the RCMP were allocated $46.8 million in 1998 over three years to investigate and litigate new cases, expand capacity for interdiction abroad, improve case processing in Canada and provide enhanced infrastructure for the War Crimes Program. The Operations Committee, made up of representatives from the three partner agencies, co-ordinates all war crimes operations undertaken by the Government of Canada. The RCMP and the Department of Justice Canada review, and where necessary investigate, allegations of war crimes activity. When immigration action is considered the most appropriate, Citizenship and Immigration Canada takes the lead. As a result of this co-ordination a measured response is possible in dealing with war criminals by using an array of legal remedies, from prosecution and extradition to exclusion and deportation, depending on each specific situation. This year 42 people were removed from Canada under the War Crimes Program. Canada also refused entrance to 644 individuals accused of war crimes. Under the Program, the Department of Justice and the RCMP continue to investigate World War II matters. On March 2, 2001, the Government had its 6th successful WWII related citizenship revocation case before the Federal Court. The Government of Canada attributes these successes to Citizenship and Immigration Canada's three-pronged approach in dealing with modern-day war crimes and crimes against humanity: preventing suspected persons from entering Canada; ensuring that persons detected in Canada do not benefit from the protection accorded to genuine refugees; and removing those persons from Canada in a timely manner. - 30 - Backgrounders:
For Information:
Internet: The fourth annual report of the War Crimes Program can be found on the Internet at http://www.cic.gc.ca/english/pub/war2001.html
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 concern that perpetrators are held accountable 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 bring to justice those who were involved in war crimes during the Second World War. In relation to modern-day war crimes and crimes against humanity, the government's strategy has three major components: prevent persons suspected of involvement in atrocities from entering Canada; for those persons detected in Canada, ensure that they will not benefit from the protection accorded to genuine refugees, and remove them from Canada in a timely way. The Government of Canada continues to be mindful of its international obligations and will consider prosecution in all appropriate cases. 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. Crimes against humanity include 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 can be held accountable for such acts against their own nationals or against nationals of other states. Genocide is the deliberate and systematic destruction, in whole or in part, of a national, ethnic, racial or religious group, whether committed in times of peace or in times of war, by state officials or private individuals.
CANADA'S WAR CRIMES STRATEGY 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. In June 2000, the Minister of Citizenship and Immigration visited the International Criminal Tribunal for the Former Yugoslavia where she forged additional co-operation and information sharing links between Canada and the Tribunal. CIC has in place an agreement with the ICTY that permits the re-settlement of ICTY witnesses in Canada. CIC is playing a lead role in Canadian support to the ICTY to help meet Canada's international obligations and commitments. In addition, CIC has also continued to build its relationships with a number of countries that are addressing the issue of war criminals in their immigration and refugee processes. Countries such as the United Kingdom, Australia, the United States and the Netherlands consider the CIC War Crimes program an excellent example of effectively dealing with this issue. The Department of Justice War Crimes Section continued to strengthen its working relationship with international Tribunals and European governments. The Department of Justice began working with European government and police officials to devise a response to the issue of the movement of war criminals across borders and to share evidence and information. The section is also actively involved in several on-going investigations, in co-operation with the RCMP, in Europe and Africa. The International Assistance Group (IAG) of the Department of Justice Federal Prosecution Service assists the RCMP and the Department of National Defence in their support to the investigations and prosecutions of the International Criminal Tribunals for Rwanda and the Former Yugoslavia. As well, the IAG reviews requests for mutual legal assistance under Mutual Legal Assistance in Criminal Matters Act from foreign governments in the investigation and prosecution of modern day war crimes. Such assistance is also available to the International Criminal Tribunals for the Former Yugoslavia and Rwanda. International investigations of war crimes and crimes against humanity require ongoing cooperation between governments at a bilateral level and through international organizations 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.
CANADA'S WAR CRIMES STRATEGY PARTNERSHIPS An Interdepartmental Operations 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. As a result of this co-ordination a measured response is possible in dealing with war criminals by using an array of legal remedies, from prosecution and extradition to exclusion and deportation, depending on each specific situation. The three primary investigative agencies are described below.
CANADA'S WAR CRIMES STRATEGY RESULTS 2000-2001
On the prevention side, 644 individuals who applied to come to Canada were refused entry for war crimes related allegations, which is an increase of 63 refusals over the year before or an improvement of 14%. The Modern War Crimes Unit has placed, on a CIC electronic look-out system, the names of over 2000 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 allegations of war crimes committed by the claimants 227 times compared with 127 last year (78% higher). The Refugee Division (CRDD) of the Immigration and Refugee Board, excluded 53 persons from becoming a refugee because of their complicity in war crimes or crimes against humanity, 35 times last fiscal year (or 51% higher). The number of persons removed from Canada increased from 38 to 42 or 10% between 1999-2000 and 2001-2001.During the 1999-2000 fiscal year, CIC examined overseas and inland a total of 2454 cases while this number was 3427 for the 2000-2001 fiscal year. This increase of 973 cases (or 40%) was in part due to more training and issuance of clear guidelines. See Report appendices E, F, G.
The Department of Justice provides legal advice on all war crimes and crimes against humanity files -- no matter when the crimes were committed. The Department of Justice War Crimes Section is working on both modern and World War II related matters. There are approximately 82 active World War II files. 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 revocation and deportation cases have been initiated. The Government of Canada has been successful in six denaturalization cases before the Federal Court of Canada. In two other cases, the respondents did not contest the proceedings. Their citizenship was revoked and they left the country voluntarily. Defendants have been successful in three cases and in six cases suspects passed away during the course of the legal proceedings. The passage of time has made it increasingly difficult to obtain admissible evidence to enable the Section to bring forward World War II proceedings. Notwithstanding these difficulties, the Section is still actively investigating World War II matters. See Report Appendix E. The Department of Justice, Citizenship and Immigration and the RCMP apply their expertise to investigate and prosecute modern war crimes cases. One hundred and seventy-two modern war crimes files have been referred to the Department of Justice since 1998. This number includes those under investigation by the RCMP.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
 |
|||
| Last Updated: 2001-07-03 |  |
Important Notices | |
