The proper handling of war criminals in Canada with regard to criminal prosecution or extradition has been the subject of ongoing debate.
/ref>

History

Following

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, Canada held investigations and proceedings against war criminals that lasted until 1948. During the 1950s, an anti-communist political climate turned public opinion away from the atrocities of the

and allegedly resulted in an immigration policy which was more permissive to former Nazis. During this period, approximately 40,000 such individuals could more easily demonstrate a non-communist affiliation and therefore emigrated to Canada from Germany. Among the influx of Nazis were an unknown number of suspected war criminals. Ramon Hnatyshyn stated "Canada would not be a haven for those who would commit or who have committed crimes against humanity". Despite growing awareness and some legislative changes it soon became clear that despite having the required legislation, Canada still lacked the political will to prosecute its most senior war criminals. During the 1990s, suspected war criminals from more recent conflicts came to Canada. These included individuals wanted in connection with war crimes in

Bosnia Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and He ...

, some of the perpetrators of genocide in

Rwanda Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...

, members of the

Colombia Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...

n secret police and from Sri Lanka. The treatment of these suspected individuals was seen to shed light on the prevalent attitudes towards suspected World War II war criminals. Trying such individuals who lacked a support network within Canada, whose atrocities were still fresh in the public's memory and - perhaps most importantly - were unlikely to die soon of old age, became a priority: those who were located were either tried in a court of law or deported. Information on suspected World War II criminals was suppressed by Canada and the United States. Some convicted war criminals were allowed to remain within Canada while some others escaped due process.

Deschênes Commission

In 1985, the

Deschênes Commission The Commission of Inquiry on War Criminals in Canada, often referred to as the Deschênes Commission, was established by the government of Canada in February 1985 to investigate claims that Canada had become a haven for Nazi war criminals. Headed b ...

was created as a Commission of Inquiry on War Criminals in Canada. The Deschênes Commission found that allegations about alleged Nazi war criminals in Canada had been "grossly exaggerated" by a factor of "over 400%." It recommended a "made in Canada" solution to bringing all war criminals found in this country to justice. Later changes were made to the

law of Canada The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous la ...

to allow for the prosecution or deportation of suspected war criminals. However, only a small number of cases were pursued. In 1994 Canada said it would no longer prosecute Nazi war criminals. In 1995,

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

n Konrad Kalejs was allowed to leave Canada.

Bernie Farber Bernie M. Farber (born 1951) is a writer, commentator, and the former chief executive officer of the Canadian Jewish Congress and a social activist. He has testified before the Canadian courts as an expert witness on hate crime. He was appointe ...

commented on the rescheduling of Kalejs' deportation hearing: "Granting him this delay without incarcerating him is tantamount to letting him escape."

Crimes Against Humanity and War Crimes Act

In 2000, the

Crimes Against Humanity and War Crimes Act The ''Crimes Against Humanity and War Crimes Act'' (CAHWCA) is a statute of the Parliament of Canada. The Act implements Canada's obligations under the Rome Statute of the International Criminal Court. In passing the ''Crimes Against Humanity an ...

passed as a

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

of the

Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...

, which implements Canada's obligations under the

Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...

.Crimes Against Humanity and War Crimes Act
Foreign Affairs and International Trade Canada, gc.ca. In the years following the 2000 legislation, the lack of any compelling evidence about Nazi war criminals in Canada may have signalled to other potential war criminals from more recent arenas of conflict that Canada was a safe haven. However, in select cases where a suspected war criminal lacked a supporting community, the likelihood of prosecution under the 2000 statute increased. In 2009, Désiré Munyaneza was found living in Toronto, Ontario, Canada. He was the first man to be arrested and convicted in Canada on charges of war crimes and crimes against humanity for his role in the 1994

Rwandan genocide The Rwandan genocide occurred between 7 April and 15 July 1994 during the Rwandan Civil War. During this period of around 100 days, members of the Tutsi minority ethnic group, as well as some moderate Hutu and Twa, were killed by armed Hutu ...

. In 2011, Illandaridevage Kulatunga who was wanted for suspected war crimes in Sri Lanka was able to leave Canada. Manuel De La Torre Herrera, a former Peruvian police officer who stayed in Canada for two years, was apprehended and deported.

Simon Wiesenthal Centre

The

Simon Wiesenthal Centre The Simon Wiesenthal Center (SWC) is a Jewish human rights organization established in 1977 by Rabbi Marvin Hier. The center is known for Holocaust research and remembrance, hunting Nazi war criminals, combating anti-Semitism, tolerance educat ...

, an independent organization which has frequently brought suspected Nazi war criminals to trial, has faulted the

Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown ...

's efforts to investigate and prosecute Nazi war criminals. A 2012 center publication claimed that approximately 2,000 Nazi war criminals obtained Canadian citizenship by providing false information. However, other sources have published different estimates. The actual number of surviving war criminals is difficult to determine.

History

Deschênes Commission

Crimes Against Humanity and War Crimes Act

Simon Wiesenthal Centre

See also

References

Further reading