Canada's Crimes Against Humanity and War Crimes Program

World War II Program

All cases are evaluated for both criminal prosecution as well as revocation proceedings. It is the position of the government that in some cases where there are allegations of war crimes and crimes against humanity, revocation of citizenship and deportation is the appropriate remedy. The Federal Court of Canada has indicated that this process "in no way diminishes the respondent's right to be treated fairly in strict compliance with the principles of natural justice."

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 can 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.

In effect, all credible allegations are examined by the DOJ's War Crimes Section.

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. If an allegation can be substantiated and the person is still in Canada, a full investigation is started. An initial witness list is prepared and interviews are conducted. A more extensive witness list is then produced, and interviews are conducted. These interviews can take place all over the world. Throughout the investigation process, in-house historians and analysts provide ongoing and ad hoc 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. Following a thorough investigation, a Report is prepared recommending proceedings or that the file be closed.

Files are concluded, or closed, for a number of reasons. Some allegations are concluded because the individuals are found never to have entered Canada. In some cases, individuals are found to have simply left Canada. Many are concluded because the individuals subject to the allegations have died. Others have been concluded due to a lack of evidence.

The yearly Annual Reports contain a more detailed description of past and ongoing litigation in the WWII Program.