Canada Border Services Agency
Symbol of the Government of Canada

ARCHIVED - Canada's Program on Crimes Against Humanity and War Crimes

Ninth Annual Report
2005-2006
  • Canada Border Services Agency
  • Citizenship and Immigration Canada
  • Department of Justice
  • Royal Canadian Mounted Police

 

 

 

Warning This page has been archived.

Archived Content

Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.

Return to Top of Page

Introduction

Canada's program on crimes against humanity and war crimes upholds the Government of Canada's policy that Canada is not a safe haven for anyone involved in crimes against humanity, war crimes or genocide. The ninth annual report summarizes the activities of the War Crimes Program from April 1, 2005, to March 31, 2006.

The partners in the program are the Canada Border Services Agency (CBSA), Citizenship and Immigration Canada (CIC), the Department of Justice (DOJ) and the Royal Canadian Mounted Police (RCMP). Operational guidance for the coordinated program is provided by the Program Coordination and Operations Committee, which meets regularly to develop policy, coordinate operations and assess cases. Oversight is provided by the War Crimes Program Steering Committee, composed of senior managers from each of the partner departments/agencies.

The Government established the coordinated program in 1998 to address crimes against humanity and war crimes committed during World War II as well as more recent conflicts. The program received funding of $15.6 million per year.

The February 2005 budget renewed funding for the War Crimes Program until 2009-2010. The funding remains at the 1998 level of $15.6 million per year. The program partners are targeting their efforts on the most crucial and cost-effective activities to support program objectives. In order to manage their resources, the partners have developed a Results-based Management and Accountability Framework in which they list expected results for the program over the five-year funding period and establish a strategy for monitoring and evaluation. This report covers the first year under the renewed funding.

The chief objective of the program is denial of safe haven in Canada to persons involved in war crimes, crimes against humanity or genocide. At the same time, Canada contributes to the global fight against impunity for war criminals through cooperation with other countries and international tribunals. Canada's coordinated program is unique and highly admired internationally because the four partners work together on these objectives to apply a range of legislative remedies.

This report covers cases related to both World War II and modern war crimes. Information on specific World War II-related cases can be found in the section called “Enforcement in Canada.”

The most effective measure to deny safe haven is the early detection and prevention of entry of suspected human rights abusers into Canada. This ability is legislated in the Immigration and Refugee Protection Act (IRPA). CIC is responsible for the selection of immigrants and temporary residents. It is provided with training, screening aids, intelligence and analysis from the CBSA, investigative assistance from the RCMP and legal advice and support from the DOJ.

If persons suspected of involvement in atrocities do arrive in Canada or are found living in Canada, the program partners assess the situation to determine the most appropriate remedy. The partners have complementary roles in applying these remedies: criminal proceedings under the Crimes Against Humanity and War Crimes Act, on which the RCMP and the DOJ work closely together; enforcement under the IRPA led by the CBSA, including deportation and denial of access to and exclusion from refugee protection; and citizenship revocation proceedings under the Citizenship Act handled by CIC. The CBSA only deals with modern cases. The DOJ leads the development of World War II cases with the assistance of the RCMP. The DOJ also handles extradition and surrender to international tribunals under the Extradition Act.

On October 2005, the first charges under the Crimes Against Humanity and War Crimes Act were laid against Désiré Munyaneza of Rwanda, following a five-year investigation by the RCMP. The prosecution is taking place in Montréal.

Earlier in the year, in another high-profile case, the Supreme Court of Canada upheld the decision that Léon Mugesera should not be allowed to remain in Canada based on evidence that he incited genocide in Rwanda. Although his removal is still pending a further risk assessment, this decision by the highest court sets a precedent supporting the denial of safe haven in Canada for war criminals.

Since 1998, 3,360 persons considered involved in or complicit in war crimes, crimes against humanity or genocide have been prevented from coming to Canada and 408 such persons have been removed from Canada. Five individuals have had their Canadian citizenship revoked as a result of their activities in World War II.

For more information on the program, previous annual reports and contact information, please refer to the Canada's program on crimes against humanity and war crimes Web site at www.justice.gc.ca.

Return to Top of Page

Program Activities - April 1, 2005, to March 31, 2006

Prevention

The most effective way to deny safe haven to people involved in or complicit in war crimes or crimes against humanity is to prevent them from coming to Canada. This task, shared by CIC and the CBSA, includes denial of visas at Canadian visa offices abroad, denial of entry at Canada's ports of entry and computer lookouts to flag suspects who may try to come to Canada.

CIC visa officers at Canadian missions abroad are the first line of defence in preventing war criminals from reaching Canada. Visa officers must screen and make decisions on a growing number of permanent and temporary residence applications, while providing timely processing and quality of service. The CBSA prepares screening aids to help visa officers identify persons who may have been involved in the commission of war crimes or crimes against humanity.

As part of their responsibility for reporting and liaison, visa officers contribute to identifying and documenting atrocities and refugee crises, such as the continuing crisis in Sudan. They also report on developments at international criminal tribunals and other international bodies.

The CBSA's Modern War Crimes Section in Ottawa provides training, research, analytical support and guidance to CIC visa officers. Applications that raise concerns regarding war crimes, crimes against humanity and genocide are referred to Modern War Crimes analysts. Faced with growing pressures and fewer resources, the Section has reorganized its case processing to boost efficiency in reducing the inventory.

CBSA analysts have expertise in evaluating such cases using intelligence and research on country situations, regimes and organizations responsible for war crimes or crimes against humanity to aid in identifying possible inadmissibility. In examining the file, they may ask the visa office to obtain further details or ask in-house researchers for more information.

The analysts then provide the visa office with an assessment and recommendation on inadmissibility based on war crimes or crimes against humanity. They also post lookouts in CIC's and the CBSA's computer systems to prevent the individual from attempting to enter Canada. In cases involving judicial review, visa officers rely on DOJ litigation support.

In the 2005-2006 fiscal year, visa officials abroad reviewed a total of 3,024 cases of individuals suspected of involvement in war crimes or crimes against humanity - 14 percent more than last year. Accounting for this higher number was the screening of 2,879 temporary resident visa applications (visitors, students and temporary workers), up from the previous year. The number of permanent resident visa cases finalized dropped to 145 from 171 the previous year.

During the year, a total of 367 persons were prevented from coming to Canada because of possible involvement in war crimes or crimes against humanity. This includes those refused specifically for involvement or complicity in war crimes or crimes against humanity, those who withdrew when asked for more information and those who were suspected of war crimes or crimes against humanity, but in the end were refused for other reasons.

This number includes 290 applicants for temporary resident visas, at a refusal rate of 10.1 percent. One-third of the refusals, 97 cases, were handled by visa officers without referral to the CBSA's Modern War Crimes Section, demonstrating both the effectiveness of training, screening aids and reports provided by CBSA war crimes experts as well as the importance of local knowledge developed by visa officers and local staff in missions abroad.

During the period, 77 permanent resident applications were refused visas or were withdrawn after screening for war crimes. The refusal rate is higher than in previous years, which indicates increased expertise in targeting cases requiring screening.

The CBSA's Modern War Crimes analysts review permanent resident cases referred by visa offices and by offices in Canada, as well as complex cases involving litigation. During the year, the unit received a total of 222 permanent resident cases and provided assessments on 165 (156 from visa offices and 9 cases in Canada). In just over two-thirds of the cases, the Modern War Crimes Section provided a positive recommendation, concluding that there was no involvement in war crimes or crimes against humanity. It should be noted that the CBSA's assessment in overseas cases is not the same as the final decision, which is always made by CIC visa officers.

The CBSA also provides 24-hour telephone support to visa offices and field offices in Canada, which often have questions when dealing with the arrival of persons from countries with war crimes concerns or subjects of computer lookouts. This telephone support is also available to other law enforcement agencies in Canada.

Not reflected in numbers is the time spent by the CBSA on the pre-screening of delegates coming to Canada on official visits or to attend international conferences and events in Canada, usually at the request of other departments and agencies. For example, in November 2005, CBSA officials pre-screened several thousand delegates from 188 countries coming to the United Nations Climate Change Conference in Montréal.

CBSA researchers provide support and intelligence not only internally, but also to national and international partners and international criminal tribunals. During the year, they responded to 1,566 requests for information on cases of alleged war crimes or crimes against humanity and pre-pared papers on the treatment of the Falun Gong in China (1999-2006), the Fedayeen-e-Khalq and the Darfur crisis.

During the year, the CBSA also prepared screening aids and information on possible security concerns in response to requests from CIC for information on specific refugee populations, including the following: Togolese in Ghana, Bhutanese in Nepal, Burmese in Thailand, Uzbeks in Kyrgyzstan, Burundians in the Democratic Republic of the Congo, Sudanese in Ghana, Vietnamese in Cambodia, the Ethiopia/ Eritrea border refugee camps and Palestinians in the Ruwayshid refugee camp in Jordan.

The CBSA also produces the Modern War Crimes News Bulletin, a weekly global media summary newsletter on issues related to war crimes and crimes against humanity, which is distributed widely within Canada and to partners overseas, including other countries and international criminal tribunals.

Return to Top of Page

Enforcement in Canada

When a suspected war criminal enters Canada or is already living in Canada, a number of enforcement measures may be used, including exclusion from refugee status, findings of inadmissibility followed by deportation, extradition, surrender to international tribunals, criminal investigation and prosecution, and revocation of citizenship. Although these measures can be used in World War II cases, the following section deals mainly with modern cases. Work on cases arising from World War II is described at the end of this section.

Return to Top of Page

Exclusion

Persons who come to Canada and make claims for refugee protection in Canada may have backgrounds that raise war crimes or crimes against humanity concerns. CBSA field officers investigate such cases, often with guidance from the Modern War Crimes Section in Ottawa or specialized regional offices. They may intervene at the refugee hearing before the Refugee Protection Division of the Immigration and Refugee Board of Canada (IRB) to seek the individual's exclusion from the definition of a Convention refugee.

In 2005-2006, CBSA officials investigated 1,373 refugee claimant cases and filed 237 interventions at refugee hearings in cases involving war crimes allegations. Although the number of cases investigated fell from 2,024 the previous year, the number of interventions rose by more than half from 155 the previous year. During the year, Refugee Protection Division decisions on CBSA interventions included 40 exclusions from refugee protection on the grounds of war crimes or crimes against humanity, 53 refusals for reasons other than exclusion for war crimes, and 33 decisions to grant refugee protection. In another 30 cases, the claimant was considered to have withdrawn or abandoned the claim for protection.

Given that refugee hearings, especially in complex cases involving war crimes or crimes against humanity, do not necessarily open and conclude in the same year, these decisions resulted from interventions that were filed in previous years as well as in 2005-2006.

Return to Top of Page

Admissibility hearings

When allegations of war crimes or crimes against humanity are made against persons in Canada who are not refugee claimants, the CBSA refers these cases to admissibility hearings before the Immigration Division of the IRB. Some ongoing refugee cases are also referred to admissibility hearings and the refugee claim is suspended pending the decision. During the fiscal year, 12 admissibility hearings were opened for non-refugee claimants and 22 for refugee claimants. Four refugee claimants and one non-refugee claimant were found inadmissible for war crimes or crimes against humanity and were ordered deported. Two refugee claimants and one non-refugee claimant were found not to be inadmissible based on war crimes or crimes against humanity. The remainder of the cases are pending decision.

Now that the CBSA's structure has stabilized, investigators have focused on reducing the inventory of cases, from 663 refugee claimant cases at the end of March 2005 to 346 as of March 31, 2006, and from 65 non-refugee claimant cases to 27.

Return to Top of Page

Litigation

Persons who have been excluded, found inadmissible or ordered deported may apply to the Federal Court for leave to pursue judicial review. The DOJ handles litigation such as judicial reviews of decisions under the IRPA and citizenship revocation under the Citizenship Act. Some litigation cases are extremely complex and require considerable time and resources; some may reach the Supreme Court of Canada. The DOJ's senior counsel with expertise in immigration and international law continues to give legal advice on war crimes issues to CIC and the CBSA.

Return to Top of Page

Removal

Persons excluded from refugee status or found inadmissible for war crimes or crimes against humanity can be deported after they have exhausted all legal avenues and CIC officials have conducted a pre-removal risk assessment on non-refugees. Persons whose citizenship has been revoked can also be subject to deportation. During the fiscal year, the CBSA removed 41 persons found involved in war crimes or crimes against humanity, almost the same number as the previous year. At the end of March 2006, the CBSA had an inventory of 83 enforceable removal orders. In addition, 59 removal orders could not actually be carried out because of impediments such as a stay issued by a court or a lack of travel documents, while another 39 were awaiting a pre-removal risk assessment.

Return to Top of Page

Warrants

A warrant for arrest is issued when a person does not report for removal or other immigration proceeding, such as admissibility hearings. In 2005-2006, 38 new warrants were issued, twice as many as the previous year.

The warrant is considered executed when the person is arrested or when the person's departure from Canada is confirmed. The number of warrants executed more than doubled from 10 the previous year to 24 for this reporting period. Half of the warrants executed were new warrants issued and executed during the same year, while the others were issued in previous years.

Of the 24 warrants executed, 19 resulted in confirmed departures: the persons were removed or the CBSA had confirmation that the persons were living in another country. Of the others, one warrant was executed when the individual reported to enforcement officials in Toronto, one was arrested and detained pending a pre-removal risk assessment, and three were arrested but released pending a pre-removal risk assessment.

The fiscal year ended with an inventory of 154 outstanding warrants. Of these cases, 64 percent of the individuals were excluded from refugee protection or found inadmissible because of involvement or complicity in war crimes or crimes against humanity, while 36 percent are suspected of such involvement, but did not appear for their hearings.

The higher inventory reflects an increase in the number of warrants issued as a result of a greater focus on investigative activity. These intensified efforts can also be seen in the increase in warrants executed, with the majority resulting in removal from Canada.

Return to Top of Page

Revocation of citizenship

CIC has identified 21 modern war crimes cases to review for possible revocation of citizenship. One of these cases is being closed for lack of adequate evidence and one is almost ready for recommendation to the Minister.

Return to Top of Page

Criminal investigation and prosecution

The RCMP War Crimes Section and the DOJ Crimes Against Humanity and War Crimes Section work together to assess allegations referred for criminal investigation under the Crimes Against Humanity and War Crimes Act. The Guiding Principles signed in 2004 provides a basis for cooperation in the conduct of criminal investigations.

The RCMP is responsible for criminal investigations, with legal support from the DOJ, and targets individuals in Canada alleged to have participated in crimes against humanity, war crimes or genocide. The RCMP responds to allegations from witnesses, foreign governments, community groups, non-governmental organizations and open source information.

RCMP investigators face challenges such as distant travel, negotiations with foreign governments, lapse of time and linguistic barriers. They must rely on witness testimonies from victims who are often difficult to locate and reluctant to speak to investigators. RCMP investigators carry out witness interview trips under bilateral agreements with foreign governments and police officials.

The DOJ and the RCMP review the results of these investigations to decide whether to pursue criminal prosecution. 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.

In some cases, the partners determine that it would be more appropriate to pursue proceedings under the IRPA or the Citizenship Act, in which case the RCMP and the DOJ provide the results of their investigations to the CBSA or CIC.

On October 19, 2005, Désiré Munyaneza, a Rwandan national, was arrested regarding his alleged participation in the events in the region of Butare in Rwanda between April 1, 1994, and July 31, 1994. (See case summary in Appendix 1.)

During the year under review, a number of cases arising from the war in the former Yugoslavia were under investigation. For example, in one case, the CBSA proceeded with removal action.

The program partners have continued to examine allegations of modern war crimes, including referrals from CIC/CBSA and complaints received from the public, other countries and international institutions, to determine whether individuals should be referred for criminal investigation. In order for an allegation to be added to the RCMP/DOJ inventory, the allegation must disclose personal involvement or command responsibility, the evidence pertaining to the allegation must be corroborated, and the necessary evidence must be able to be obtained in a reasonably uncomplicated and rapid fashion. As there are limited resources available for criminal investigation, the partners have redefined the test for inclusion in the RMCP/DOJ modern war crimes inventory in order to recognize the narrowed strategic focus for criminal investigation and prosecution - one of the most difficult and expensive remedies available under the program. The RCMP/DOJ inventory has been re-examined and the number of files has been reduced from 100 to approximately 60. The files removed from the RCMP/DOJ inventory will be dealt with by using remedies under the IRPA or the Citizenship Act. The need for the CBSA and/or CIC to investigate and finalize these files will increase processing times on all files, including those already in process.

Return to Top of Page

World War II cases

The DOJ is responsible for handling allegations of crimes against humanity, war crimes and genocide related to World War II. Investigations are pursued with the assistance of the RCMP. These investigations are complex, often taking several years to complete, and 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. Most witnesses live overseas, mainly in central and eastern Europe. The DOJ must first seek the cooperation of foreign countries before lawyers and RCMP officers can conduct interviews.

Following an investigation, counsel, historians and RCMP investigators determine the most appropriate course of proceedings, whether criminal prosecution under the Crimes Against Humanity and War Crimes Act or civil proceedings under the IRPA or the Citizenship Act. With the passage of time, the age and availability of witnesses, and the challenges of gathering documentary evidence, most of the World War II-related cases will proceed by way of civil proceedings.

In World War II cases, the Government pursues legal remedies only in cases where there is evidence of direct involvement or complicity in war crimes, crimes against humanity or genocide. A person may 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 atrocities can establish complicity if the organization is one with a limited brutal purpose, such as a death squad.

Since the Government began looking at World War II cases, the DOJ has opened and examined over 1,800 files. As of March 2006, 37 World War II files were under active investigation and 218 initial allegations related to World War II were being examined. During 2005-2006, the DOJ completed investigations and closed 86 files. Files have been concluded either because the individuals never entered Canada, have left Canada or have since passed away, or because of a lack of evidence to justify pursuing legal action.

Since 1995, the Government has taken action in 21 World War II-related cases. Of these, 14 were citizenship revocation cases before the Federal Court, five were deportation matters and two cases were revocation proceedings that were not contested by the individuals in question. Each finding can lead to revocation of citizenship and subsequent deportation. Defendants have been successful in three cases before the Federal Court. Several have died at different stages, most recently Michael Baumgartner, who died in July 2005 before a decision was made on revocation. Overall, five individuals have had their citizenship revoked (Bogutin, Kisluk, Csatary, Maciukas and Luitjens). In four cases, individuals have been deported or have left Canada voluntarily (Csatary, Maciukas, Luitjens and Kalejs).

At the end of this reporting period, Federal Court proceedings continue in the cases of three suspects, one of whom is also the object of an extradition proceeding.[ 1 ] See appendices 1 and 2 for details.

Return to Top of Page

Extradition and surrender to international criminal tribunals

In 1999, the Extradition Act was amended to allow Canada to enter into agreements for extradition on a case-by-case basis and to allow for surrender to international tribunals. Requests for extradition or surrender are not made public unless the Attorney General of Canada gives the authority to proceed.

In one action currently before the court, Italy requested the extradition of Michael Seifert, who was convicted in absentia by an Italian military tribunal in November 2000 for World War II-related crimes. In August 2003, the British Columbia Supreme Court ruled that Mr. Seifert could be committed for extradition to Italy. On December 28, 2005, the Attorney General of Canada ordered Mr. Seifert's surrender to Italy. The matter is currently before the British Columbia Court of Appeal.

Return to Top of Page

International cooperation and outreach

Canada's War Crimes Program plays a leading role in international efforts to bring war criminals to justice. Mutual legal assistance and exchanges of information with other countries and international bodies are an essential component of the global battle against impunity. Reciprocal relationships with inter-national tribunals and other countries permit the sharing of resources, expertise, information, research and logistical support.

Program partners provide assistance and information to the international criminal tribunals for Rwanda and the former Yugoslavia. All the partners are represented at the Interdepartmental Working Group for the international tribunals, which examines the tribunals' requests for assistance from Canada. They also work with the International Assistance Group of the DOJ's Federal Prosecution Service and the Department of National Defence to support the international tribunals. The International Assistance Group reviews requests relating to war crimes or crimes against humanity for mutual legal assistance from foreign governments, international tribunals and the International Criminal Court.

DOJ officials and RCMP investigators visited several foreign countries during the period covered by this report, including Honduras, Colombia, Croatia and Serbia, to discuss access for investigators and researchers and to develop Memoranda of Understanding on international cooperation. The RCMP provides assistance to foreign investigative agencies.

CIC visa officers abroad are responsible for reporting and liaison on global migration, country situations and emerging trends, and have developed ongoing relationships with host countries, other diplomatic missions, international organizations and the various international criminal tribunals. This is particularly true of those in Geneva, Brussels and Washington, where international conferences and meetings of international organizations discuss issues related to migration and human rights.

Although tighter funding has curtailed travel, program partners have continued to take part in conferences on war crimes and human rights, both in Canada and abroad. For example, in June 2005, the senior counsel from the DOJ War Crimes Section spoke at the Second International Expert Meeting on War Crimes, Genocide and Crimes Against Humanity in Lyon, France. DOJ officials also delivered lectures or presentations on Canada's War Crimes Program and related legal issues to Canadian universities, schools and law associations. Examples include the DOJ's Third Annual National Security Law Conference in May 2005, the Canadian Council on International Law annual conference in October 2005, and the International Criminal Law course at the Faculty of Law at the University of Ottawa in April 2005 and March 2006.

Return to Top of Page

Conclusion

With a new governance structure, Canada's War Crimes Program has developed a planning framework and refocused its priorities in order to face the challenges of continuing and new conflicts, with limited resources. In upholding Canada's "no safe haven" policy, the program will con-tine to focus on the most cost-effective measure: preventing persons involved in war crimes, crimes against humanity or genocide from coming to Canada. Where action must be taken in Canada, the Program Coordination and Operations Committee will review each case to choose the most effective remedy, whether criminal prosecution, deportation or citizenship revocation.

To contribute to the success of the War Crimes Program and in fact to the worldwide battle to bring perpetrators of atrocities to justice, the program partners need to continue raising public awareness and understanding. The partners remain committed to producing public annual reports such as this one as an important part of the evaluation process and a measure of accountability to the public.

Return to Top of Page

Appendix 1 - Case samples 2005-2006

Note: Names are only given in cases that have been the subject of public attention.

Modern cases

Criminal prosecution

Munyaneza, Désiré: On October 19, 2005, Mr. Munyaneza, a Rwandan national, was arrested regarding his alleged participation in the events in the region of Butare in Rwanda in 1994. Mr. Munyaneza was charged with two counts of genocide, two counts of crimes against humanity and three counts of war crimes pursuant to the Crimes Against Humanity and War Crimes Act. The prosecution is proceeding in Montréal.

Actions taken under the IRPA

A national of Serbia claimed refugee status on arrival in Canada from the United States in August 2001. In January 2003, he was arrested. It was alleged that he had been involved in the massacre of Albanian civilians in Kosovo in 1999. In September 2004, he was found inadmissible for crimes against humanity and ordered deported. His refugee claim was dismissed. Following several unsuccessful applications for judicial review and negative pre-removal risk assessments, he was deported to Serbia and delivered to Serbian officials on October 12, 2005.

A parliamentarian and former army officer of a Latin American country submitted an application for a temporary resident visa to visit Canada for tourism. Information on file at the visa office indicated that the applicant had held several high-ranking positions in various military intelligence organizations that had been involved in massacres, torture and extrajudicial killings. Following confirmation of this information by the CBSA Modern War Crimes Section, the visa officer determined that the applicant was inadmissible to Canada and refused his application.

In 2002, a citizen of Rwanda with his wife and two children applied at a Canadian visa office abroad for permanent residence in Canada. His case was referred by the United Nations High Commissioner for Refugees for consideration as a government-sponsored refugee from Rwanda. At the interview in June 2002, he claimed to have been a minor functionary in a local administrative office in Rwanda and that he had hid in his house throughout the weeks of the Rwandan genocide. The visa officer was suspicious of the fact that the applicant had fled Rwanda at the end of the genocide and referred the case to the CBSA Modern War Crimes Section. After extensive research and two subsequent interviews, it emerged that he had been a major organizer of the genocide in his region, had personally manned a barricade in his city, and had been personally implicated in the mass murder of Tutsis. His application was refused in 2006.

A citizen of Angola came to Canada from the United States in 1999 with a visitor visa and subsequently made a refugee claim. She claimed that she was a member of the National Union for the Total Independence of Angola (UNITA) rebel movement and was responsible for reporting to the organization on government security measures of various locations such as government buildings and barracks. The IRB excluded the claimant from refugee protection as there were serious reasons for considering that the claimant had been complicit in crimes against peace, war crimes or crimes against humanity committed by UNITA in Angola. After several litigation processes and applications, the claimant was removed to Angola on November 15, 2005.

A citizen of Iraq claimed refugee status in Canada and was excluded by the Refugee Protection Division of the IRB for war crimes and crimes against humanity due to involvement in Iraqi intelligence activities under the regime of Saddam Hussein. After extensive litigation and a negative pre-removal risk assessment, a warrant was issued for removal in April 2005. Although the person assumed a false identity, he was arrested in June 2005 following a proactive investigation. He was removed from Canada under escort on September 6, 2005.

A citizen of Argentina entered Canada from the United States and made a refugee claim in 2000. As a member of the Argentine armed forces from 1963 to 1995, he had served at Escuela de Mechanica de la Armada, one of nearly 400 torture centres that operated in Argentina at the time the military junta was in power. In November 2001, he was excluded under Article 1F(a) of the United Nations Convention relating to the Status of Refugees. A warrant for removal was issued in 2002 and executed in 2005 following a proactive investigation. He was removed from Canada on October 16, 2005.

A citizen of Sierra Leone entered Canada from the United States and made a refugee claim in 2001. In February 2003, he was excluded by the Refugee Protection Division for war crimes and crimes against humanity. As a member of the Revolutionary United Front of Sierra Leone, he was involved in the rape and pillage of the civilian population. After he failed to report for removal to Sierra Leone in April 2005, a warrant for removal was issued. A proactive investigation resulted in his arrest in Toronto in July 2005. He was removed from Canada on September 23, 2005.
Return to Top of Page

World War II-related cases

Revocation cases currently in the Federal Court

Seifert, Michael: At the end of this reporting period, Mr. Seifert's citizenship revocation proceeding at the Federal Court was ongoing.[ 2 ] He is alleged to have obtained his Canadian citizenship through deceit by failing to reveal to the Canadian immigration authorities his service as a German camp guard in Italy in 1944-1945. In November 2000, an Italian military tribunal found Mr. Seifert guilty in absentia as an accessory to acts of violence with murder against civilian enemies and aggravated violence while he was a guard at the Bolzano camp in Italy and sentenced him to life imprisonment. The Italian govern-met has requested Mr. Seifert's extradition to Italy. In August 2003, the British Columbia Supreme Court ruled that there was sufficient evidence to justify Mr. Seifert's committal to be extradited to Italy. On December 28, 2005, the Attorney General of Canada ordered Mr. Seifert's surrender to Italy. This matter is currently before the British Columbia Court of Appeal.

Revocation cases that were in the Federal Court on March 31, 2006

Skomatczuk, Jura: At the end of this reporting period, Mr. Skomatczuk's citizenship revocation proceeding at the Federal Court was ongoing.[ 3 ] It is alleged that he obtained his citizenship through deceit by hiding his wartime activities when he was landed in Canada in 1952 and that, in 1943, he served as a guard in the German concentration camp system.

Furman, Josef: At the end of this reporting period, Mr. Furman's citizenship revocation proceeding at the Federal Court was ongoing.[ 4 ] It is alleged that he obtained his citizenship through deceit by hiding his wartime activities when he was landed in Canada in July 1949. During World War II, he allegedly served in the German concentration camp system after training at the SS Trawniki Training Camp in 1943.

Cases where the Federal Court determined that an individual was granted citizenship based on a misrepresentation or fraud - awaiting possible recommendation for revocation

Katriuk, Vladimir: In January 1999, the Federal Court found that Mr. Katriuk obtained Canadian citizenship by deception in that he concealed his active membership in the Schutzmannschaft Battalion 118 and his participation in its activities in Belarus, including anti-partisan operations. The Federal Court of Appeal and the Supreme Court of Canada dismissed Mr. Katriuk's attempts to appeal the Federal Court's findings. Based on the Federal Court decision, the Minister of Citizenship and Immigration may consider whether to recommend revocation of Mr. Katriuk's citizenship to the Governor-General-in-Council. If citizenship is revoked, deportation proceedings may be considered.

Oberlander, Helmut: In February 2000, the Federal Court found that Mr. Oberlander had obtained Canadian citizenship by deception in that he concealed his membership in Einsatzkommando 10a, a unit that systematically carried out mass executions of civilians, particularly Jews, in the occupied Soviet Union. The Governor-General-in-Council revoked Mr. Oberlander's Canadian citizenship in July 2001. In May 2004, the Federal Court of Appeal quashed the revocation of Mr. Oberlander's citizenship because the report of the Minister of Citizenship and Immigration, on which the Governor-General-in-Council had based its decision, had failed to address the issue of whether Mr. Oberlander's case fell within the Government's revocation policy for World War II cases and had not balanced his personal interests against the public interest. Based on the decision, the Minister may consider submit-ting a new report recommending revocation to the Governor-General-in-Council. If citizenship is revoked, deportation proceedings may be considered.

Odynsky, Wasyl: In March 2001, the Federal Court found that Mr. Odynsky obtained Canadian citizenship by deception in that he concealed his service as a guard at the SS forced labour camps of Trawniki and Poniatowa. Based on the decision, the Minister of Citizenship and Immigration may consider whether to recommend that the Governor-General-in-Council should revoke Mr. Odynsky's Canadian citizenship. If his citizenship is revoked, deportation proceedings may be considered.

Fast, Jacob : On October 3, 2003, the Federal Court ruled that Mr. Fast had obtained his Canadian citizenship by deceit in that he failed to reveal his German citizenship when applying to come to Canada in 1947. The Court also found that Mr. Fast had collaborated with the German Security Police responsible for enforcing the racial policies of the German Reich. This means that the Minister of Citizenship and Immigration may consider recommending to the Governor-General-in-Council that Mr. Fast's citizen-ship be revoked. If his citizenship is revoked, deportation may be considered.

Baumgartner, Michael: Mr. Baumgartner died in July 2005.

Return to Top of Page

Appendix 2 - War Crimes Inventory: Department of Justice/RCMP

Department of Justice/RCMP

DOJ/RCMP modern war crimes file inventory

Number of files March 31, 2005 88
Number of files added 2005-2006 10
Number of files closed 41
Number of files March 31, 2006 57
Summary of World War II-related cases
Category Total
Allegations 218
Active files 37
Litigation 7
Inactive files 309
Closed files 1,267
Total: 1,838
Allegation:
Factual information provided to a program partner regarding the possible involvement of an individual in the commission of a war crime, crime against humanity or genocide. This involvement can be direct or indirect.
Active files:
Those files being reviewed by historians, police and/or counsel or investigated by police.
Litigation:
Cases that are brought before a civil or criminal court or an administrative tribunal for appropriate action.
Inactive files:
Include, but are not limited to, files where suspects cannot be located in Canada, the evidence is insufficient or the allegation appears unfounded. These files are reviewed with a view to being closed where appropriate.
Closed files:
The closure of a file occurs when one of the situations described under "inactive files" is present and no further leads are available or no further action is appropriate.
Return to Top of Page

Appendix 3 - Summary of Modern War Crimes Program

Results 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 Total
Entries prevented 34 307 581 644 445 355 242 385 367 3,360
Exclusions 165 25 15 53 51 73 63 79 40 564
Removals 80 27 38 42 46 48 44 42 41 408
Interventions in RPD hearings 24 58 127 227 350 242 387 155 237 1,807
Cases reviewed abroad 85 352 1 008 2 374 1 797 2 103 2 300 2 651 3 024 15,694
Cases reviewed in Canada 392 1 268 2 031 1 872 2 186 303 2 740 2 077 1 405 14,274
Modern war crimes cases concluded 477 1 620 3 039 4 246 3 983 2 406 5 040 4 728 4 429 29,968

Inventory 1997-1998 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006
Cases under investigation abroad 51 45 125 300 170 357 597 733 639
Refugee cases under investigation in Canada 3 9 363 311 292 150 883 663 346
Non-refugee cases under investigation in Canada 82 71 135 208 205 125 115 65 27

Definitions

Entries prevented:
Applications refused abroad under 35(1)(a) or (b) of the IRPA (or before June 28, 2002, under 19(1)(j) or (l) of the Immigration Act) and cases investigated for war crimes, but refused on other grounds or withdrawals.
Exclusions:
Exclusion by the IRB from refugee protection in Canada under article 1(F)(a) of the United Nations Convention relating to the Status of Refugees.
Removals:
Persons removed from Canada.
Interventions in RPD hearings:
Cases in which the CBSA intervened at hearings of the Refugee Protection Division of the IRB.
Cases reviewed abroad :
Number of war crimes cases investigated and concluded in visa offices under 35(1)(a) or (b) of the IRPA or 19(1)(j) or (l) of the Immigration Act.
Cases reviewed in Canada:
Number of war crimes cases investigated and concluded in Canada under 35(1)(a) or (b) of the IRPA or 19(1)(j) or (l) of the Immigration Act (includes interventions, exclusions, removals and investigations).
Modern war crimes cases concluded:
Number of alleged war crimes cases reviewed and concluded in Canada and abroad during the fiscal year.
Inventory:
Cases remaining under investigation at the end of the fiscal year.
Cases under investigation abroad:
Overseas cases being reviewed for war crimes allegations.
Refugee cases under investigation in Canada:

Cases referred for second-level PIF (Personal Information Form) review.

Non-refugee cases under investigation in Canada:

Includes foreign nationals in Canada who have not made refugee claims, permanent or temporary residents and applicants for permanent residence or Canadian citizenship.

Return to Top of Page

Appendix 4 - Designated regimes pursuant to paragraph 35(1)(b) of the Immigration and Refugee Protection Act

Designated June 16, 1993, extended on August 15, 1997: the Bosnian Serb regime from March 27, 1992, to October 10, 1996.

Designated October 12, 1993: the Siad Barré regime in Somalia between 1969 and 1991.

Designated April 8, 1994: the former military governments in Haiti between 1971 and 1986, and between 1991 and 1994, except the period of August-December 1993.

Designated October 21, 1994: the former Marxist regimes of Afghanistan between 1978 and 1992.

Designated September 3, 1996, amended September 9, 2004: the governments of Ahmed Hassan Al-Bakr and Saddam Hussein in power in Iraq from 1968 to May 22, 2003.

Designated April 27, 1998: the Government of Rwanda under President Habyarimana between October 1990 and April 1994, as well as the interim government in power between April 1994 and July 1994.

Designated June 30, 1999, amended March 14, 2001: the governments of the Federal Republic of Yugoslavia and the Republic of Serbia (Milosevic) from February 28, 1998, to October 7, 2000.

Designated March 14, 2001, amended September 9, 2004: the Taliban regime in Afghanistan from September 27, 1996, to December 22, 2001.

Designated November 21, 2003: the Government of Ethiopia under Mengistu Haile Mariam from September 12, 1974, to May 21, 1991.

Notes

  1. On August 17, 2006, the Federal Court ruled that two of these individuals obtained their Canadian citizenship by way of fraud or material misrepresentation. [ Return to text ]
  2. The trial ended on September 15, 2006, and the court reserved judgment. [ Return to text ]
  3. On August 17, 2006, the Federal Court ruled that Mr. Skomatczuk had obtained Canadian citizenship by way of fraud or material misrepresentation. [ Return to text ]
  4. On August 17, 2006, the Federal Court ruled that Mr. Furman had obtained Canadian citizenship by way of fraud or material misrepresentation. [ Return to text ]