BACKGROUNDER
Annual War Crimes Report 2002-2003

Canada's War Crimes Program is a joint initiative of the Department of Justice Canada, the Canadian Border Services Agency, and the Royal Canadian Mounted Police (RCMP). It supports Canada's efforts in denying safe haven to war criminals and perpetrators of crimes against humanity. Since its creation in 1998, the War Crimes Program has issued an annual report of its activities.

Canada uses a variety of remedies in dealing with war criminals including; extradition; prosecution in Canada under the Crimes Against Humanity and War Crimes Act surrender to an international tribunal; revocation of citizenship and deportation; denial of visas to people abroad; denial of access to our refugee determination system; and removal from Canada.

Fiscal year 2002-2003 brought several changes and enhancements to how the War Crimes Program operates including:

• The Immigration and Refugee Protection Act (IRPA), which came into effect on June 28, 2002 improved and strengthened immigration and refugee measures by allowing fewer appeals and opportunities for judicial review, which delay the removal of serious criminals and suspension of refugee claims for people charged with serious crimes until the courts have rendered a decision. At the same time, the IRPA ensures that genuine immigrants and refugees are admitted to Canada.
  
  
• Canada had ratified both the International Criminal Court Statute and the protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, which came into effect on July 1, 2002.
  
  
• In 2002, Citizenship and Immigration formed an Intelligence Branch to bring a more focused approach in dealing with security issues, including modern war criminals. This Branch is now with Canada Border Services Agency (CBSA).
  
  
• CBSA's Modern War Crimes Unit has enhanced the efficiency of screening of visitor and immigration cases.
  
  
• The creation of CBSA's Modern War Crimes System database to support the sharing of information both in Canada and abroad on modern war crimes issues.
  
  
• The Department of Justice's War Crimes Section organized the Combating International Crimes Domestically conference where participants from Canada and around the globe discussed shared challenges in investigating and prosecuting war crimes cases.
  
  
• The Department of Justice's War Crimes Section continued to build a body of expertise to support both WWII and modern investigations and litigation.
  
  
• The War Crimes Program is currently developing a new War Crimes Program Website, which will feature information about the program, its partners, and the law. The program has also created a contact e-mail address at wc-cdg@justice.gc.ca.

The following are highlights of fiscal year 2002-2003 activities.

Modern War Criminals

Prevention Overseas	2002-03
Total number of cases investigated	2,103
Number denied Entry to Canada	355
In Canada
Immigration
Number of Immigration cases investigated	151
Number of persons found to be involved in war crimes or crimes against humanity	15
Refugees
Number of cases investigated	152
Number of interventions filed by CIC before the Refugee Protection Division	242
Number excluded from the Refugee Determination Process	73
Removals
Number of removal orders issued	25
Number of removal orders enforced	48
Number of removal orders that remain to be effected	183
Arrest Warrants
New warrants issued	21
Number executed	5
Number of warrants that remain to be executed	75

 

Revocation of Citizenship
References before the Federal Court	1 Seifert
Awaiting decisions from the Federal Court	2 Obodzinsky, Fast
Decisions made by the Court in favour of the Government of Canada	6 Bogutin, Katriuk, Kisluk, Oberlander, Odynsky, Baumgartner
Deportation
Before the Adjudication Division, Immigration and Refugee Board	1 Oberlander
WWII Cases Concluded
Removed or left voluntarily	2 Csatary, Maciukas
Defendants that have been successful cases before the Federal Court of Canada	3 Dueck, Podins, Vitols
Deceased during proceeding	6 Kenstavicius, Tobiass, Nemsila, Bogutin, Nebel, Kisluk

May 2004