Language selection

Search


Border measures to keep war criminals out of Canada

Our team works with partner organizations to deny safe haven in Canada to individuals who may have been involved in war crimes, crimes against humanity or genocide.

Our response to suspected war criminals

Individuals who commit crimes against humanity, war crimes or genocide are not welcome in Canada. If such an individual is identified in Canada, or suspected to be in Canada, the CBSA can:

  • provide support to criminal investigations and prosecutions under the Crimes Against Humanity and War Crimes Act
  • support an investigation or process to revoke or prohibit citizenship
  • identify cases and present evidence that could result in denial of refugee protection to individuals suspected of war crimes or crimes against humanity
  • conduct admissibility investigations, write inadmissibility reports and present evidence that could result in a finding of inadmissibility on individuals suspected of crimes against humanity or war crimes in admissibility proceedings
  • remove individuals from Canada who are inadmissible on the grounds of crimes against humanity or war crimes

Regimes designated by the Government of Canada

The Minister of Public Safety has the legal authority to designate a regime they are of the opinion engages or has engaged in:

  • terrorism
  • systematic or gross human rights violations
  • genocide
  • a war crime or a crime against humanity

Prescribed senior officials associated with these regimes are “inadmissible.” That means they are not allowed into Canada. They could include:

  • heads of state
  • members of the Cabinet
  • ambassadors
  • senior diplomats
  • members of the judiciary
  • senior military
  • intelligence officials
  • senior public servants

Certain regimes are not recognized as legitimate governments by Canada or other countries. These regimes may still be designated by the Minister of Public Safety under the law.

The decision to designate regimes does not alter Canada’s official stance on the regime’s legitimacy as a government. Regimes that function as de facto national authorities in control of a territory, that is, regimes that control of a territory, region or country, are included in the list of designated regimes.

List of designated regimes

The following is a list of all regimes designated by the Government of Canada pursuant to subparagraph 35(1)(b) of the IRPA. Any foreign nationals or permanent residents who were or are prescribed senior officials in these regimes are inadmissible to Canada.

  1. Designated : the Islamic Republic of Iran from onwards;
    ammended : the Islamic Republic of Iran from onwards.

    About the designation of the Iranian regime

    Canada stands with the people of Iran, who continue to fight for their human rights. We have taken action to stop senior members of the Iranian regime from seeking or finding safe haven in Canada.

    The Minister of Public Safety first designated the Iranian regime in , under paragraph 35(1)(b) of the IRPA. This was because Canada identified the Islamic Republic of Iran as a regime that engages or has engaged in terrorism and systematic or gross human rights violations. This earlier designation meant that all senior officials who served in the regime from onwards became inadmissible to Canada.

    In , the Minister of Public Safety amended the start date of the designation of the Iranian regime from to . On this day in , the Iranian regime arbitrarily detained Iranian-Canadian photo-journalist Zahra Kazemi, who was subsequently tortured while in detention and died within weeks.

    This amendement means that all senior officials who served in the regime from onwards are now inadmissible to Canada.

    Implementation of the designation

    The CBSA is responsible for making determinations of inadmissibility of persons seeking to enter Canada at ports of entry, as well as conducting immigration investigations against permanent residents and foreign nationals otherwise in Canada.

    Following an investigation, a CBSA official may initiate immigration enforcement against a permanent resident or foreign national by writing an inadmissibility report detailing the grounds of inadmissibility. Allegations of inadmissibility based on a permanent resident or foreign national being a prescribed senior official of a designated regime must be referred to the Immigration and Refugee Board for an admissibility hearing and the issuance of a removal order. If they are found inadmissible, they are subject to removal from Canada.

    All foreign nationals seeking entry to Canada are screened for inadmissibility. An individual may be found inadmissible to Canada even if they were not senior officials who served in the Iranian regime. Individuals may be inadmissible to Canada on several grounds, including for security reasons, human or international rights violations, organized criminality, criminality, sanctions and misrepresentation.

    Immigration, Refugees and Citizenship Canada (IRCC) is responsible for making decisions on citizenship and immigration applications, including visas. To support IRCC in their decision making, the CBSA is often asked to provide admissibility recommendations.

    Actions taken to date

    The designation of a regime is designed to stop senior officials of the regime from coming to Canada. To this end, under the designation of the Iranian regime, approximately 17,800 visa applications were reviewed for potential inadmissibility, leading to the cancellation of 248 visas by IRCC ensuring that individuals could not travel to Canada. However, there are senior officials who arrived in Canada prior to the designation of the regime. As a result, the CBSA launched 180 investigations into suspected senior officials of the Iranian regime. To date, the CBSA have identified 37 individuals that are believed to be senior officials of the regime. These cases are referred to an admissibility hearing before the Immigration and Refugee Board (IRB) who are the final decision maker. In 9 cases, the individual is no longer in Canada.

    In addition to the Government’s designation of the Iranian regime, persons who are members of organizations that have engaged in terrorism, such as the IRGC, are inadmissible to Canada. Public Safety Canada listed the Islamic Revolutionary Guard Corps (IRGC) as a terrorist entity under the Criminal Code of Canada in June 2024. The IRGC’s terrorist listing is a distinct measure from the designation of the Iranian government under IRPA. Independent of that measure, since the IRGC’s listing and pursuant to Immigration and Refugee Protection Act authorities, as of , 48 individuals have been reported inadmissible by the CBSA based on their membership in the IRGC, a listed terrorist entity. Final decisions on these allegations are made by the IRB after an admissibility hearing. In 9 of these cases, the alleged IRGC member departed Canada prior to an admissibility hearing.

    The tables below provide an overview of the status and outcomes of investigations involving suspected senior officials of the Iranian regime as of .

    Table 1. Investigations of suspected senior officials of the Iranian regime
    Investigations closed (determined not to be a senior official in the designated regime or no longer in Canada) 89
    Investigations ongoing 55
    Suspected Senior Officials 37
    Total investigations 181
    Table 2. Suspected Senior Officials: Immigration and Refugee Board Decisions.
    Departed Canada before IRB admissibility hearing 8
    CBSA is preparing the case for an Admissibility Hearing at the IRB 10
    Ongoing IRB admissibility hearings 9
    IRB decisions made
    Not a senior official of the regime (not inadmissible) 7
    A senior official of the regime (inadmissible) 3
    Total 37
    Table 3. Senior officials of the Iranian regime no longer in Canada
    Enforced removals 1
    Departed Canada before IRB admissibility hearing 8
    Total who are no longer in Canada 9
    CBSA investigations against suspected senior officials in Canada
    • A total of 89 investigations have been closed. These include cases where the suspected senior official was not located in Canada, and cases where the CBSA determined that the individual did not meet the definition of a senior official and was therefore admissible.
    • 55 cases are subject to ongoing investigations.
    • 37 persons have been reported inadmissible by the CBSA for being a senior official in the regime (i.e. the CBSA has evidence to suggest they are senior officials of the regime). However, the IRB makes the final decision on all cases once they are referred for an admissibility hearing and the case proceeds.
    Suspected Senior Officials: IRB admissibility hearings

    Individuals must be in Canada to be referred to an admissibility hearing. Of the 37 reported inadmissible by the CBSA, 8 have left Canada before facing an admissibility hearing or being issued a removal order.

    Of the remaining 29 cases:

    • 10 are at a pre-hearing stage where the CBSA is preparing for an admissibility hearing.
    • 9 are ongoing admissibility hearings before IRB.
      • Cases that are ongoing admissibility hearings include: cases awaiting scheduling of the hearing by the IRB; open/ongoing hearings; and those awaiting a final decision from IRB.
    • 10 are concluded admissibility hearings.
    Concluded admissibility hearings involving suspected senior officials in Canada

    Of the 10 cases where the IRB concluded admissibility hearings:

    • 7 were found admissible. The Minister has appealed 6 decisions to the Immigration Appeal Division of the IRB:
      • 4 appeals are ongoing
      • 2 appeals were dismissed by the IRB
        • The Minister pursued judicial review in Federal Court of the 2 unsuccessful appeals: 1 remains ongoing and 1 was discontinued
    • 3 were found inadmissible and issued a removal order:
      • 1 senior official has been removed from Canada
      • 2 are in the process of being removed from Canada
  2. Designated : the Government of Ethiopia under Mengistu Haile Mariam from , to .
  3. Designated , amended : the Taliban regime in Afghanistan from , to .
  4. Designated , amended : the governments of the Federal Republic of Yugoslavia and the Republic of Serbia under Slobodan Milosevic from , to .
  5. Designated : the government of Rwanda under Juvénal Habyarimana from to as well as the interim government in power from to .
  6. Designated , amended : the governments of Ahmed Hassan Al Bakr and Saddam Hussein in power in Iraq from until .
  7. Designated : the former Marxist regimes in Afghanistan from to .
  8. Designated : the former military governments in Haiti from to and from to , except for the period from to .
  9. Designated : the Siad Barre regime in Somalia from to .
  10. Designated , extended on : the Bosnian-Serb regime from , to .

Investigating crimes in Ukraine

Canada is aware of the serious allegations that war crimes and crimes against humanity have been committed in Ukraine. In response, Canada will continue to cooperate with international partners, including the International Criminal Court, to seek accountability for these most serious crimes.

Canada’s national police service, the Royal Canadian Mounted Police (RCMP), through its participation in Canada's Crimes Against Humanity and War Crimes Program, has opened an investigation into these allegations. If you were in Ukraine during the conflict and you are planning to come to Canada, or are already in Canada, you may have information and evidence that can assist with this investigation.

To submit information, please visit the RCMP's webpage on its investigation.

Reporting suspicious activities or individuals

You are encouraged to report any suspicious activities or individuals who may be inadmissible to Canada using our Border Watch Line.

Related links

Page details

Date modified: