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Table of Contents

CASE LAW
EXTRACTS

War Crimes and Related Law (Canada)
(February 2008)

Chapter 11 - Immigration Consequences

  1. Overview
  2. Immigration
  3. Citizenship
________________________________________

1. Overview

Passed into law (with subsequent amendments) along with the main implementing provisions of the Crimes Against Humanity and War Crimes Act (CAHWCA) were several changes to citizenship and immigration rules.

While at the date of writing only one set of prosecutions has been brought under the CAHWCA, the RCMP has devoted considerable effort to excluding persons from Canada under the provisions set out in this brief chapter.

2005-2006 CAHWC Program Annual Report

If this emphasis is based on insufficient evidence to prosecute it would be justified, however if it is being used as an alternative to viable prosecutions then it is bankrupt as a policy, and analogous to getting rid of criminals by giving them a bus ticket out of town. In these latter cases it is incumbent on the federal government to detain and prosecute such individuals.


2. Immigration

Non-citizens shall be denied entry into Canada if they have committed international crimes under the CAHWCA [Immigration and Refugee Protection Act, s.35(1)(a)].

As well, senior officials of governments that the Immigration Minister has designated as "engaged in terrorism, systematic or gross human rights violations" or international crimes, may also be denied entry [IRPA, s.35(1)(b)]. The Minister may however make an exception where they are satisfied that "their presence in Canada would not be detrimental to the national interest" [IRPA, s.35(2)].

These provisions implement Canada's obligations under the UN Convention Relating to the Status of Refugees which bar refugee status in signatory countries to international criminals.


3. Citizenship

Similarly, citizenship is denied to persons convicted of, "under investigation" for, or currently involved with legal proceedings where they have been charged with any CAHWCA international crimes [Citizenship Act, s.22(1)(c)(d)].
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