Crimes Against Humanity and War Crimes Program Evaluation
Appendix A: Logic Model
The Program Logic Model
This section outlines the logic structure of the Program, encompassing its activities, outputs, as well as immediate, intermediate and ultimate outcomes. A diagram of the Program Logic Model is provided at the end of this section.
1. Activities and Outputs
The activities and outputs of the Program can be grouped into the two interrelated areas of Program Coordination and Allegation Management.
1.1 Program Coordination
A key element of the Program is the coordination among the four Program partners. The War Crimes PCOC is comprised of senior officials from each department and agency who regularly meet to discuss policy, coordinate operations and assess allegations. Having a single committee to coordinate the Program ensures that it is cohesive, that duplication of effort is eliminated, and that the use of resources of the individual Program partners is maximized.
Within this area, the following activities are undertaken.
1.1.1 Develop Partnerships/Collaboration
This activity refers primarily to actions taken to develop external and international partnerships that will strategically contribute to the Program’s management of allegations. These include participating in international meetings, training other countries’ personnel or receiving training from them, hosting international delegations to familiarize them with Canada’s Program, offering personnel short-term assignments with the International Criminal Tribunals or other organizations, and providing research or investigative support in individual cases in response to requests from international partners. In addition, the International Region of IRCC pursues an international agenda on behalf of Canada’s migration and affiliated programs.
Individual departments manage their own war crimes sections and enter into bi- or multilateral agreements as necessary (RCMP/Justice Guiding Principles, IRCC/Justice flow chart for processing war crimes revocation files, RCMP/IRCC memorandum of understanding for investigations). Several countries have set up programs to identify and bring to justice persons involved in war crimes or crimes against humanity. By actively seeking to collaborate with others in this global fight against impunity, the Program partners are able to draw on the knowledge and abilities of their external partners to increase the effectiveness of their own efforts to investigate and/or prosecute.
Effective collaboration and development of partnerships result in increased awareness of the Program and more effective program delivery.
The output from this activity is:
Output A.1: Provide and receive international support
Effective collaboration and development of partnerships are expected to lead to: requests for international support from external partners; and the provision of support (information, training, advice, materials) to external partners.
1.1.2 Develop and Deliver Outreach and Awareness Materials
The Program partners coordinate the joint preparation and delivery of training on issues of CAHWC to various operations personnel (e.g., hearing officers, intelligence officers, visa officers, and Program specialists).
Traditionally, Program partners have participated individually and in a coordinated way in external outreach activities and reported back to PCOC. To make the best use of available resources, the challenge for the partners is to coordinate their activities further in order to maximize the effectiveness of their participation and to ensure that the needs and concerns of all the Program partners are addressed.
Increased expertise and information are also gained through outreach activities that are quite varied and can include:
- Outreach to immigration officers, visa officers, and embassy staff throughout the world who are trained in or aware of the Program;
- Outreach to countries where crimes took place and to international organizations dealing with human rights abuses or war crimes – through visa officers posted overseas or through travel by Program partners to secure co-operation for research and investigative purposes;
- Outreach to non-governmental and ethnic organizations, both in and outside Canada;
- Meetings and visits with like-minded states and organizations who seek advice and expertise on how to develop or deliver a war crimes program;
- Outreach to the public through the Program website and annual report; and,
- Presentations at universities and schools, and national and international meetings.
These activities raise awareness of the Program, resulting in more effective program delivery, deterrence, contribution to the international fight against impunity and demonstration of Canada’s leadership in this area.
The output from this activity is:
Output A.2: Training material, research products, tools
The main output from the coordination of the joint preparation and delivery of training on issues of war crimes and crimes against humanity, as well as the preparation and delivery of other outreach events and materials is the provision of training material, research products and assessment tools to operations personnel (e.g., hearing officers, intelligence officers, visa officers and Program specialists).
1.1.3 Develop Policies and Procedures; Knowledge Management
The Program partners develop joint policies and procedures through PCOC. Activities include internal and external partnership development, adopting a five-year operational plan, striking subcommittees to deal with issues such as the review of case files, and coordinating efforts in corporate knowledge management, training, and outreach. For example, PCOC provides opportunities to develop working relationships at all levels amongst the Program partners through initiatives such as its annual Open House and monthly speakers’ series. In addition, the corporate knowledge management activities will include the development of a coordinated training plan and administrative measures to promote the proper recording, preservation, sharing and transfer of operational/relevant information and records. These activities facilitate the identification of priorities, resource needs, and Program limitations.
The output from this activity is:
Output A.3: Policies, decisions, reports, protocols
The main output from the development by Program partners through PCOC of joint policies and procedures is the production of relevant policies, information required for decision-making, reports such as the annual report and five-year plans, as well as protocols for Program management, reporting and accountability.
1.2 Allegation Management
Allegation management refers to the way in which the Program partners determine the disposition of individual cases. This may be decided by an individual Program partner in the case of individuals overseas or may be referred to the File Review Sub-committee of PCOC. The Sub-committee reviews all allegations received against Canadian citizens or persons present in Canada involving genocide, war crimes or crimes against humanity; determines the appropriate course of action; and channels the files to the appropriate departmental authority for action. Having a central body to oversee the disposition of cases within Canada ensures that the Program partners are not working at cross purposes.
In addition to the individual-level sanctions, the IRPA provides the authority to designate governments considered to have engaged in gross or systematic human rights violations, war crimes or crimes against humanity, which allows for exclusion of senior officials from those regimes.
Within this area, the following activities are undertaken.
1.2.1 Conduct Screening and Analysis
The framework for screening overseas focuses on prevention through detection. Under the IRPA, IRCC officers screen applications and determine whether to a) issue or refuse a visa, b) conduct an interview to determine whether to issue or refuse a visa, or c) to refer the file to CBSA for further assessment if the file contains war crimes concerns. The finding of inadmissibility and the decision to issue or deny a visa are made by IRCC immigration officers abroad.
Allegations towards individuals in Canada about their commission or complicity in war crimes, crimes against humanity or genocide, can also arise during the immigration or refugee determination process. The CBSA is responsible for cases that require immigration enforcement, such as seeking an exclusion from or vacation of refugee status, as well as carrying out removals. The RCMP and Justice also receive allegations concerning individuals in Canada (both WWII-related and modern).
1.2.2 Provide Legal Advice and Support
Justice advises the federal government on policy development and the drafting and reforming of laws related to war crimes, as needed. At all stages, the Justice Crimes against Humanity and War Crimes Section also provides legal advice to Program partners. Justice counsel and analysts provide legal and analytical advice at home and abroad.
Justice conducts court proceedings under the IRPA,the Citizenship Act, the CAHWCA and the Extradition Act.
1.2.3 Complete Assessments and Develop Recommendations (follow-up)
For individuals applying for entry to Canada, IRCC conducts admissibility determinations as part of the visa assessment process. If further screening is required, IRCC officers may request a CBSA assessment of an applicant’s involvement in CAHWC. It is important to note that a CBSA assessment is not a final decision to issue or deny a visa – that decision is always made by an IRCC official.
For individuals already in Canada, if the immigration process or allegations received raise reasonable grounds to believe that the individual committed or was complicit in CAHWC, the File Review Sub-committee considers whether to forward the case for criminal investigation and possible prosecution in Canada, or to revoke the individual’s immigration status and pursue removal from Canada pursuant to the IRPA.
In cases where the individual is a citizen, IRCC can initiate the process to revoke the citizenship. If the revocation is successful, the CBSA may then commence removal proceedings.
1.2.4 Conduct Criminal Investigations
The RCMP investigates allegations of war crimes, crimes against humanity or genocide. To facilitate the investigative process, the RCMP has entered into special cooperation agreements with police departments and public offices in some countries where witnesses capable of identifying perpetrators and relating what transpired are located. The results of those investigations may be used to:
- Recommend prosecution under the CAHWCA; or,
- Support immigration or citizenship proceedings (administrative action).
The RCMP also coordinates assistance involving other Canadian and foreign police forces as well as the INTERPOL. It coordinates assistance requests pertaining to crimes against humanity and war crimes involving foreign police requests processed through INTERPOL.
The RCMP Sensitive and International Investigations, National Division provides assistance to foreign police and international law enforcement authorities, such as the United Nations International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. This assistance can range from making general inquiries to screening potential witnesses, and to hosting and facilitating investigative travel by these foreign and international bodies to Canada.
The International Assistance Group (IAG) of Justice negotiates with foreign governments Mutual Legal Assistance Treaties and other case specific agreements for cooperation and investigations in criminal matters (e.g., war crimes). The Justice Minister’s authority is set out in the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act. Through the negotiations and subsequent agreements, Justice and RCMP are able to obtain the cooperation of foreign governments and agencies in CAHWC investigations.
The output from these activities is:
Output B.1: Administrative or criminal legal action or file closed
Following consideration of the relevant facts, evidence and law, a decision is made as to whether an administrative or criminal legal action should be initiated by the responsible Program partner or if the file should be closed. This could be an action to: deny a visa or exclude an individual and/or remove the person under the IRPA; revoke citizenship under the Citizenship Act; prosecute under the CAHWCA; or commit the person for extradition or surrender upon request under the Extradition Act.
To commence revocation action, the Minister of Citizenship, Immigration and Multiculturalism must issue a Notice of Revocation. To commence a prosecution, the Attorney General or the Deputy Attorney General must give his or her consent. To commit for extradition, the Attorney General must seek, on behalf of the requesting country, an order of a provincial court for the committal.
2. Immediate Outcomes
2.1 Program Coordination Immediate Outcome
Immediate Outcome C.1: Increase knowledge and awareness of the Program
Increasing knowledge and awareness of operations personnel improve the effectiveness of identification and screening processes. The publicity surrounding administrative or criminal legal actions (e.g., citizenship revocation, prosecution, deportation) will result in an increased awareness of the Program by populations with particular interest in war crimes issues as well as the general public. The Program partners also increase awareness of the Program when participating at meetings, disseminating research materials and the annual report, providing support and assistance to other countries or international bodies, or cooperating with tribunals.
The outcome of corporate knowledge management is to enhance the capacity to deliver consistent investigative, analytical and legal services. At this formative stage, the aim will be the development of a coordinated training plan and administrative measures to promote the proper recording, preservation, sharing and transfer of operational/relevant information and records.
The increased knowledge and awareness of the Program contribute to more effective program delivery, deterrence, the international fight against impunity, and the demonstration of Canada’s leadership in this area.
2.2 Allegation Management Immediate Outcome
Immediate Outcome D.1: Determination
Action taken by partners under the various pieces of legislation results in a determination regarding the status of an individual as follows:
- Overseas, the IRCC officer issues or denies a visa based on their admissibility determination, which includes assessing whether there are reasonable grounds to believe the applicant committed or was complicit in CAHWC and/or if the applicant was a senior member of a designated government regime;
- At ports of entry, the CBSA makes an admissibility determination before granting or denying entry to Canada; and,
- In Canada the appropriate bodies (the IRB, the Federal Court, the Federal Court of Appeal, Supreme Court of Canada, the provincial courts, the Governor-in-Council) consider the evidence presented by the applicable Program partner and apply the law to determine whether a person was involved in CAHWC and can therefore be:
- Found inadmissible to Canada;
- Excluded from refugee status;
- Deprived of citizenship;
- Deported from Canada; and/or,
A small number of cases are pursued through criminal prosecution which is the most time consuming, difficult and expensive remedy available.
To recommend prosecution under the Crimes Against Humanity and War Crimes Act, there must be a reasonable prospect for conviction and it must be in the public interest to proceed. To follow this route, the Attorney General or Deputy Attorney General must provide consent. The Provincial Superior and Appellate Courts or the Supreme Court of Canada will consider the evidence and apply the law to determine if the individual is guilty or innocent of involvement in CAHWC.
To commit for extradition or surrender, the Attorney General must seek a court order to that effect.
3. Intermediate Outcomes
Intermediate Outcome E.1: Persons believed to have committed or been complicit in CAHWC are deterred and prevented from coming to Canada
It is expected that knowledge of Canada’s response to war criminals and persons believed to have committed or been complicit in CAHWC deters such persons from coming to Canada. Laying charges and securing criminal convictions in appropriate cases reinforce the message that such persons will not find safe haven in Canada. War criminals and persons believed to have committed or been complicit in CAHWC are prevented from coming to Canada as a result of the visa assessment process conducted overseas by IRCC.
Intermediate Outcome E.2: Demonstrating Canada’s leadership in CAHWC issues
The existence of the coordinated Program demonstrates Canada’s leadership as it continues to serve as a model for others. Canada stays at the forefront through the use of existing appropriate legislative tools and support for the international courts and tribunals.
Intermediate Outcome E.3: Compliance with international obligations
In establishing and delivering the Program, all partners must ensure compliance with Canada’s international obligations. Canada has signed the Genocide Convention, the Geneva Conventions concerning War Crimes and Additional Protocols, the Torture Convention and the Rome Statute creating the International Criminal Court. It was the first country to ratify and implement the Statute, which resulted in the enactment of the CAHWCA. These instruments create an obligation for Canada to investigate and/or prosecute in appropriate cases.
Canada also has international obligations toward genuine refugees arising out of the Geneva Convention and Additional Protocols on the Status of Refugees; which means that Canada’s immigration and citizenship laws must be enforced with a view to balancing all international obligations. The allegation management system put in place by the Program partners assures compliance with Canada’s international obligations respecting investigation and/or prosecution, extradition or surrender, action under the IRPA or the Citizenship Act as appropriate in the circumstances of each case.
Intermediate Outcome E.4: Protecting Canadians, removing persons believed to have committed or been complicit in CAHWC
While potentially any Canadians could be at risk at the hands of known human rights violators and war criminals, the threat is particularly strong to Canadians who were victims of war crimes or human rights violations, and who are able to identify their perpetrators. Such Canadians will likely have been traumatized by such individuals and will continue to be so while these persons move freely in their midst. The concept of protection of Canadians includes the prosecution in Canada of such offenders, where appropriate.
Furthermore, it is the policy of the GoC that Canada will not be a safe haven for persons believed to have committed or been complicit in war crimes, crimes against humanity, or genocide. Consequently, protecting Canadian citizens, and Canadian society as a whole, will in some cases require that these persons be removed from Canada, and for persons who have gained Canadian citizenship, the revocation of Canadian citizenship may be required.
4. Ultimate Outcomes
The ultimate outcomes of the Program are to deny safe haven to war criminals and persons believed to have committed or been complicit in CAHWC and to contribute to the domestic and international fight against impunity for the perpetrators of such acts.
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