CANADIAN RESPONSE ON FLEEING IRAQI REGIME OFFICIALS

S E C R E T OTTAWA 001252

SIPDIS

E.O. 12958: DECL: 05/02/2013
TAGS: MARR MOPS PREL XG XH IZ CA
SUBJECT: CANADIAN RESPONSE ON FLEEING IRAQI REGIME OFFICIALS

REF: (A) STATE 98747 (B) STATE 102827

Classified By: Political Minister Counselor Brian Flora,
Reasons 1.5 (b) and (d).

SEE ACTION REQUEST PARA 2.


1. (SBU) In response to reftel requests, the Canadian
Department of Foreign Affairs and International Trade (DFAIT)
provided us the following response on April 29:

"The issue of apprehending and dealing appropriately with
persons who have allegedly committed crimes against humanity
or war crimes requires international cooperation and
multilateral approaches.

The policy of the Canadian Government is unequivocal. Canada
is not and will not become a safe haven for foreign nationals
who have committed war crimes, crimes against humanity or
other reprehensible acts regardless of when or where they
were committed. One of the purposes of the Canada's Crimes
Against Humanity and War Crimes Program is to ensure that
Canada complies with its international obligations. This
includes the investigation, prosecution and extradition or
surrender of alleged war criminals, as well as cooperation
with international tribunals. Extradition to a foreign
government or surrender to an international tribunal may
occur upon request in accordance with Canadian law.

Also, the provisions contained in Canada's Crimes Against
Humanity and War Crimes Act govern criminal prosecutions in
Canada. The Crimes Against Humanity and War Crimes Act
provides for the prosecution of individuals present in Canada
for any offense stated in the Act regardless of where the
offense occurred. For crimes committed outside Canada, the
Act may be applied retroactively.

In terms of administrative remedies, the Immigration and
Refugee Protection Act provides grounds of inadmissibility to
Canada for persons alleged to have committed war crimes and
crimes against humanity. The Act renders inadmissible senior
officials of regimes which have been designated by the
Minister of Citizenship and Immigration as being involved in
terrorism, systematic or gross human rights violations or
crimes against humanity. The governments of Iraq under Ahmed
Hassan Al-Bakr and Saddam Hussein have been so designated.
The individuals named in your demarche would appear to be
subject to the provisions of this designation. Individuals
who pose a danger to the public of Canada will be detained
under the Immigration Act.

The Department of Citizenship and Immigration (CIC) liaises
closely with our international partners and is currently
aware of over 300 Iraqi officials who are inadmissible to
Canada. Overseas missions, ports of entries and offices in
Canada are on the alert for officials form the listed Iraqi
regimes. Furthermore, information-sharing agreements between
Canada and the US allow for the exchange of information with
the Department of Homeland Security and the Consular Affairs
Branch at the US State Department."


2. (S) ACTION REQUEST: DFAIT officials subsequently informed
us that all of the Iraqi officials listed in reftel B are
inadmissable to Canada. They asked if this list can be
declassified so that CIC headquarters can it with their
immigration officials worldwide. Please advise.
CELLUCCI