Backgrounder: Canada's War Crimes Program

Canada's War Crimes Program is based on a clear policy that Canada is not and will not become a safe haven for persons involved in war crimes, crimes against humanity or genocide.

Canada's War Crimes Program was established in 1998. The Program deals with cases from the World War II era and contemporary conflicts. Its success depends on the coordinated efforts of specialized units in departments across government including Citizenship and Immigration Canada (CIC), the Department of Justice (DOJ), the Royal Canadian Mounted Police (RCMP), and the Canada Border Services Agency (CBSA).

World War II cases

DOJ, with the assistance of the RCMP, addresses allegations of crimes against humanity, war crimes or genocide related to World War II. Investigations are often long and complicated. They require the expertise of experienced lawyers, analysts, historians and RCMP officers. Historical research is used to build each case and to compile potential witness lists. Since most witnesses live overseas, DOJ must request permission from foreign countries to allow lawyers and RCMP officers to conduct interviews.

Once an investigation is complete, counsel, historians and RCMP officers review the final results in order to determine whether any criminal or civil remedies should be applied. In cases with sufficient evidence of a crime, proceedings may begin under the Crimes against Humanity and War Crimes Act. In cases where there is enough evidence of deceit, proceedings may be initiated under the Immigration and Refugee Protection Act or the Citizenship Act.

Modern war crimes

The RCMP, with legal support from the DOJ, is responsible for criminal investigations related to modern war crimes. Investigations focus on individuals in Canada who are alleged to have participated in crimes against humanity or war crimes anywhere in the world. Allegations are received from a variety of sources including victims, witnesses, foreign governments, local ethnic communities, non–government organizations, and media. Refugee, immigration and citizenship applications are also a source of allegations. Investigations involve a number of challenges including distance, negotiations with foreign governments, lapse of time and linguistic barriers. Investigators must rely on witness testimonies from victims who are often difficult to locate and hesitant about speaking out.

Once completed, investigations are then submitted for consideration for prosecution. Following examination of the results, DOJ determines whether further investigation is needed or whether to recommend legal action. Under the Crimes Against Humanity and War Crimes Act, the Attorney General of Canada must consent to charges before they are laid. The DOJ is responsible for leading the prosecutions under the act.

If there is not enough evidence to proceed with a criminal prosecution, the RCMP then provides the investigative results to the CBSA to use in their enforcement activities or to CIC to use in citizenship revocation proceedings.

Canada's Legislative Framework

Canada has several mechanisms to deal with alleged war criminals and persons who have been involved in crimes against humanity. The decision on which of these mechanisms should be used is based on a number of factors including: courts in criminal and immigration/refugee cases have different requirements to substantiate and verify evidence; the availability of resources to conduct the proceeding; and obligations under international law. The mechanisms include:

• prosecution in Canada under the Crimes Against Humanity and War Crimes Act;
• extradition to a foreign government (upon request);
• surrender to an international tribunal (upon request);
• revocation of citizenship and deportation;
• denial of a visa to persons outside of Canada;
• denial of access (ineligibility) to Canada's refugee determination system;
• exclusion from the protection of the 1951 United Nations Convention relating to the Status of Refugees;
• inquiry and removal from Canada under the Immigration and Refugee Protection Act; and/or
• the designation of governments considered to have engaged in gross human rights violations under 35(1)(b) of the Immigration and Refugee Protection Act.

The decision to utilize a particular mechanism or remedy is carefully considered and assessed in accordance with the Government's policy that Canada not be a safe haven for war criminals. Extradition to a foreign government or surrender to an international tribunal occurs only upon request and when it is considered in accordance with Canadian law.

International efforts

Apprehending and dealing with individuals allegedly involved in crimes against humanity or war crimes also requires a great deal of international effort and cooperation. To that end, Canada supports the work of many international bodies including the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) and the hybrid Special Court for Sierra Leone.

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Department of Justice
May, 2007