Laws

Crimes Against Humanity and War Crimes Act

The Crimes Against Humanity and War Crimes Act (CAHWCA) provides for the investigation and prosecution of three international crimes: war crimes, crimes against humanity and genocide. In addition, the CAHWCA includes a crime specifically geared to capturing liability for superiors both in a military and civilian context where there was a failure to prevent or punish the commission of these crimes by a subordinate.

For offences committed outside Canada, the Act allows for the prosecution of any individual present in Canada who is suspected of having committed the crimes.

In This Section

Immigration and Refugee Protection Act

The Immigration and Refugee Protection Act (IRPA) provides for the examination abroad of all people seeking to enter Canada as a visitor or for permanent residence. This Act identifies specific grounds of inadmissibility for individuals involved in war crimes, crimes against humanity or genocide and outlines procedures for reporting, admissibility hearings and removal. Under IRPA, individuals involved in war crimes, crimes against humanity or genocide can also be excluded from the refugee determination process. Section 35(1)(b) of this Act also allows for the designation of governments and regimes considered to have engaged in gross human rights violations.

Citizenship Act

Under the Citizenship Act, a person’s citizenship may be revoked if that person obtained citizenship by false representation, by fraud or by knowingly concealing material circumstances such as hiding involvement in war crimes, crimes against humanity or genocide. This Act also provides that citizenship will not be granted to a person who is under investigation for involvement in war crimes, crimes against humanity or genocide or who has been convicted of an offence under the Crimes Against Humanity and War Crimes Act.

Extradition Act

The Extradition Act establishes clear procedures for the extradition or surrender process. For example, it allows Canada to extradite individuals to other states and surrender them to international criminal tribunals, if so requested.