About Us

The goal of Canada's War Crimes Program is to deny safe haven in Canada to individuals who may have been either directly involved in or cooperated with others in the commission of war crimes, crimes against humanity or genocide.

The first steps in the evolution of a comprehensive Canadian War Crimes Program were taken in the mid-1980s, when it was alleged that a considerable number of Nazi war criminals had gained admission to Canada through a variety of illegal or fraudulent means. In response, the Government announced in February 1985 that Mr. Jules Deschênes, a Justice of the Court of Appeal of Quebec, would head an independent Commission of Inquiry to investigate these allegations. The Commission of Inquiry on War Criminals (also known as the Deschênes Commission) produced a report in December 1986, concluding that a number of suspected war criminals were indeed living in Canada. The government responded to this report in March 1987 by announcing that those alleged to have been involved in the commission of war crimes or crimes against humanity would be subject to criminal prosecution or revocation of citizenship and deportation. Subsequently, the Department of Justice (DOJ) and the Royal Canadian Mounted Police (RCMP) set up specialized war crimes units and began cooperating in investigations.

Building on the experience and success of these units, and seeing a need to extend its initiative, the Government announced in 1998 an ambitious War Crimes Program, involving the DOJ and the RCMP, as well as Citizenship and Immigration Canada (CIC). In December 2003, the newly created Canada Border Services Agency (CBSA), which inherited many of CIC’s modern war crimes activities and corresponding resources, became the fourth partner in the Program. At present, the program partners deal with allegations of crimes committed during the Second World War and modern (post-Second World War) conflicts.

Program Objectives

The purpose of the War Crimes Program is to support Canada’s policy to deny safe haven to suspected perpetrators of war crimes, crimes against humanity or genocide, and to contribute to the domestic and international fight against impunity. The Program also aims to reflect the government’s commitment to international justice, respect for human rights, and strengthened border security.

Operational objectives:

• To prevent the admission to Canada of people involved in war crimes, crimes against humanity or genocide;
• To detect, at the earliest possible opportunity, alleged perpetrators of war crimes, crimes against humanity or genocide who are in Canada, and take steps to prevent them from obtaining status or citizenship;
• To revoke the status or citizenship of individuals involved or complicit in war crimes, crimes against humanity or genocide who are in Canada, and remove them from Canada; and
• To examine all claims that there are suspected perpetrators of war crimes and crimes against humanity living in Canada and, where appropriate, investigate and prosecute these individuals

Objectives of coordination between partners:

• To ensure that all allegations are addressed, and the appropriate remedy is applied in each case;
• To increase information sharing between the four program partners.

Program Areas: Second World War and Modern War Crimes

The Program deals with Second World War cases and the modern, post-Second World War cases.

Second World War Crimes

The federal government’s position is that all legal options must be considered when dealing with alleged Second World War criminals and war-time collaborators, including civil action, criminal prosecution and extradition. In any given case, the facts, nature and quality of the evidence, and Canada's international obligations must govern which remedy will be selected. Investigations into Second World War allegations will continue as long as viable routes of investigation remain open. As these cases are finalized, resources used in these investigations are redirected to modern cases.

Modern War Crimes

The issue of war crimes and crimes against humanity once again became more prominent in the 1990s. Political turmoil, internal ethnic strife, the settling of historical grievances, and religious extremism in various countries around the globe caused considerable movement of refugees and migrants. Within these flows, small numbers of individuals alleged to have been involved in war crimes or crimes against humanity could be found.

As the issues pertaining to the entry of war criminals into Canada grew more numerous and complex, it was apparent that an improved system was required for identifying and screening these individuals. The government responded by taking several initial steps, including:

• In April 1996, additional employees were assigned to a new Modern War Crimes Unit within CIC;
• In July 1998, the Government announced an integrated War Crimes Program in which the DOJ, the RCMP and CIC would collaborate closely on both Second World War and modern-day cases;
• In July 2000, the Government adopted the Crimes against Humanity and War Crimes Act. This new law, and the work of various international war crimes tribunals established in the 1990s, paved the road to renewed criminal investigations and prosecutions in Canada;
• In December 2003, CIC's Modern War Crimes Unit was transferred to the CBSA, making the Agency the fourth official partner in Canada’s War Crimes Program.

Current Approach to War Crimes Cases

Since the inception of Canada’s integrated War Crimes Program in 1998, a three-pronged approach has been taken in dealing with modern-day war criminals:

• Preventing suspected war criminals from reaching Canada by refusing their immigrant, refugee or visitor applications abroad;
• Detecting those who have managed to come to Canada and taking the necessary steps to: exclude them from the refugee determination process; prevent them from becoming Canadian citizens; revoke their citizenship should they be detected after acquiring that status; and, ultimately remove these individuals from Canada;
• Considering criminal prosecution, where appropriate, or extradition.

Definitions

The following definitions summarize the crimes that Canada’s war crimes program considers, as found in the Crimes against Humanity and War Crimes Act, as well as other similar Canadian legislation.

Crimes Against Humanity

Includes crimes such as murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution and any other inhumane act or omission committed against civilians, in a widespread or systematic manner, whether or not the country is in a state of war, and regardless if the act is in violation of the territorial law in force at the time. The acts may have been committed by state officials or private individuals, and against their own nationals or nationals of other states.

Genocide

The deliberate and systematic destruction, in whole or in part, of a national, ethnic, racial or religious group, whether committed in times of peace or in times of war, by state officials or private individuals. The following acts can amount to genocide: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group.

War Crimes

Acts committed during an armed conflict that violate the rules of war. These acts include the ill treatment of civilian populations, torture and execution of prisoners of war, and extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly.