crimes against humanity
📖 O que é crimes against humanity? Significado e conceito
In Canada, the legal term "crimes against humanity" is primarily relevant in immigration law, particularly when determining a person's admissibility to the country. Under section 35(1)(a) of the Immigration and Refugee Protection Act (IRPA), a foreign national can be found inadmissible if they have committed acts outside Canada that constitute an offence referred to in sections 4 to 7 of the Crimes against Humanity and War Crimes Act (CAHWCA). This means that if an individual has participated in or contributed to such crimes, they may be denied entry or refugee status in Canada.
The assessment of whether someone has committed crimes against humanity involves looking at their actions and associations. For instance, individuals who voluntarily joined organizations or served in forces that were engaged in committing such crimes, even if they were not directly the perpetrators, might be found inadmissible. The courts examine whether an individual made a voluntary, knowing, and significant contribution to the crime or criminal purpose of the group. Mere association or passive acquiescence is generally not enough to establish complicity.
This legal framework aims to prevent individuals who have been involved in serious human rights violations from finding refuge or permanent residence in Canada. The process often involves reviewing objective country condition evidence (CCE) alongside the applicant's own testimony to determine if the organization they were part of was indeed engaged in crimes against humanity during their service. If such a finding is made, it can lead to the dismissal of applications for judicial review of inadmissibility decisions.
📋 Requisitos
- The individual committed an act outside Canada.
- The act constitutes an offence referred to in sections 4 to 7 of the Crimes against Humanity and War Crimes Act.
- The individual made a voluntary, knowing, and significant contribution to the crime or criminal purpose of the group.
- The group or organization was engaged in the commission of crimes against humanity during the individual's service.
📝 Procedimento
- The Immigration Division finds an applicant inadmissible to Canada under section 35(1)(a) of the IRPA.
- The finding is based on evidence that the applicant committed crimes against humanity.
- The applicant may seek judicial review of the decision.
- The court reviews the determination and reasons of the Immigration Division in light of the evidence.
💡 Exemplos
- An individual who voluntarily served in a military force found to have committed human rights abuses against a specific population during their service could be deemed inadmissible to Canada.
- Someone who was a member of a security force deployed in areas where human rights violations were occurring, and whose counsel acknowledged exposure to such abuses, might face inadmissibility.
- A foreign national who was part of an organization engaged in counterinsurgency operations where crimes against humanity were committed could be found inadmissible if their contribution was significant.
- An applicant for refugee status who served for 30 years in a military that committed crimes against humanity may have their claim rejected due to inadmissibility.
📚 Base legal
- Immigration and Refugee Protection Act, SC 2001, c 27
- Crimes against Humanity and War Crimes Act, SC 2000, c 24
❓ Perguntas frequentes
What does it mean to be 'inadmissible' to Canada for crimes against humanity?
Being 'inadmissible' means you are not allowed to enter or stay in Canada. If you are found to have committed crimes against humanity, Canada's immigration law prevents you from becoming a permanent resident or even entering the country, including for refugee status.
Do I have to be the direct perpetrator of a crime against humanity to be found inadmissible?
Not necessarily. While direct perpetration is a clear ground for inadmissibility, you can also be found inadmissible if you made a 'voluntary, knowing, and significant contribution' to a group's criminal purpose, even if you weren't the one directly committing the act. Mere association or passive acceptance is generally not enough.
What kind of evidence is used to prove crimes against humanity in an immigration case?
Immigration authorities and courts consider various types of evidence. This can include objective country condition evidence (CCE) detailing human rights violations by certain groups, as well as the applicant's own testimony and documents about their service and activities.
If I served in a military or security force, does that automatically mean I committed crimes against humanity?
No, serving in a military or security force does not automatically mean you committed crimes against humanity. The key is whether that force was engaged in such crimes during your service and if you made a voluntary, knowing, and significant contribution to those criminal purposes. Each case is assessed individually based on the specific facts and evidence.
Can I appeal a decision that finds me inadmissible for crimes against humanity?
Yes, individuals can apply for judicial review of a decision by the Immigration Division. This involves asking a higher court to review whether the initial decision was reasonable and made according to the law. It is highly recommended to consult with a qualified immigration lawyer if you are facing such a situation.