US embassy cable - 03OTTAWA1252

S E C R E T OTTAWA 001252 
 
SIPDIS 
 
E.O. 12958: DECL: 05/02/2013 
TAGS: MARR, MOPS, PREL, XG, XH, IZ, CA, Iraq 
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