CAHWCA investigations of IDF members

AI summary

Petitioners ask Canada to open CAHWCA probes of Canadians in the IDF; probe HESEG s.11(1); CBSA screening/warnings; and host a Gaza/West Bank victims portal. The government responds it assesses allegations and plans a public portal.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the Minister of Justice The Crimes Against Humanity and War Crimes Act (CAHWCA) allows "Canada to prosecute any individual present in Canada for crimes listed in the CAHWCA regardless of that individual’s nationality or where the crimes were committed”; The Foreign Enlistment Act states that “any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.”; Credible evidence of serious violations of international law by the IDF in the Middle East suggests Canadian citizen/resident involvement; The RCMP initiated a structural investigation into the matter; and Canada has shown the political will to support international criminal accountability, as in Ukraine. We, the undersigned, citizens and permanent residents of Canada, call upon the Government of Canada to:1. Initiate investigations under The CAHWCA into Canadian citizens and residents who served in the IDF, and if warranted, lay charges or refer to international courts; 2. Cooperate with international courts by sharing findings and providing financial or law enforcement support, as exemplified by assistance to the ICC's investigation of Russian war crimes in Ukraine; 3. Direct the Canada Border Services Agency to screen Canadian citizens/residents returning from Israel for foreign military service; 4. Investigate the HESEG Foundation for violations of section 11(1) of Canada’s Foreign Enlistment Act; 5. Issue warnings that Canadians serving/volunteering with the IDF may face criminal liability under Canadian law; and 6. Create a government website to collect information from Gaza/West Bank war crime victims/witnesses, as in the case of Ukraine. 1. Initiate investigations under The CAHWCA into Canadian citizens and residents who served in the IDF, and if warranted, lay charges or refer to international courts; 2. Cooperate with international courts by sharing findings and providing financial or law enforcement support, as exemplified by assistance to the ICC's investigation of Russian war crimes in Ukraine; 3. Direct the Canada Border Services Agency to screen Canadian citizens/residents returning from Israel for foreign military service; 4. Investigate the HESEG Foundation for violations of section 11(1) of Canada’s Foreign Enlistment Act; 5. Issue warnings that Canadians serving/volunteering with the IDF may face criminal liability under Canadian law; and 6. Create a government website to collect information from Gaza/West Bank war crime victims/witnesses, as in the case of Ukraine.

Government response

Response by the Minister of Justice and Attorney General of Canada and Minister responsible for the Atlantic Canada Opportunities Agency Signed by The Parliamentary Secretary Patricia Lattanzio The Government of Canada takes allegations of war crimes, crimes against humanity, and genocide seriously and is committed to combating impunity for these most serious crimes. To that end, Canada’s Crimes Against Humanity and War Crimes Program processes every allegation it receives concerning participation in war crimes, crimes against humanity, or genocide by Canadian citizens, wherever they are located, as well as by any individual present in Canada, regardless of their immigration status. The Program pursues a range of immigration and citizenship measures, and where appropriate, criminal investigations and prosecutions to address such allegations. Once the Program receives an allegation, the first step is to assess whether it fits within the scope of the Program’s mandate and activities. If so, the Program conducts a preliminary assessment that considers several factors, including the gravity of the alleged crimes, the individual’s status in Canada, the extent of the individual’s alleged involvement, the availability and admissibility of evidence, and the resources and time required. This assessment informs the decision on the most appropriate course of action. As a Program Partner, the RCMP may initiate a criminal investigation under the Crimes Against Humanity and War Crimes Act where, at the time the alleged offence was committed: the individual believed to have committed or been complicit in the offence was a Canadian citizen, or employed by Canada in a civilian or military capacity; the individual believed to have committed the offence was a citizen of a state engaged in armed conflict against Canada, or employed in a civilian or military capacity by such a state; or the victim of the alleged offence was a Canadian citizen or a citizen of a state allied with Canada in armed conflict. The RCMP may also initiate a criminal investigation where the individual believed to have committed the offence is present in Canada after the alleged offence was committed. Canada strongly supports international justice and efforts to end impunity for war crimes, crimes against humanity and genocide. This includes providing financial assistance to support these international initiatives, as well as activities carried out through the Crimes Against Humanity and War Crimes Program. Canada regularly cooperates with international courts, tribunals, and other international partners and stakeholders engaged in the global effort to combat these atrocities and bring alleged perpetrators to justice. In accordance with Canadian legal requirements, such cooperation includes the sharing of information, evidence and expertise. Canada can provide a wide range of investigative and other assistance to war crimes courts and tribunals under Canadian law and through applicable international agreements or arrangements. Both Canadian law enforcement authorities and the International Assistance Group at the Department of Justice — which acts for the Minister of Justice as Canada’s Central Authority in such matters — play key roles in providing this assistance. Response by the Minister of Public Safety Signed by The Honourable Gary Anandasangaree, P.C., K.C., M.P. The Government of Canada is committed to international justice and holding perpetrators of genocide, war crimes and crimes against humanity accountable. At Canada’s ports of entry, Border Services Officers (BSO’s) examine all persons seeking entry to determine their admissibility to Canada pursuant to the Immigration and Refugee Protection Act. For clarity, Canadian citizens are not subject to immigration enforcement under the Immigration and Refugee Protection Act. As the initial point of contact upon arrival to Canada, port of entry examinations conducted by BSO’s can yield information, including evidence of a person’s possible involvement in war crimes, crimes against humanity or genocide. If sufficient evidence exists as part of that initial examination, officers can prepare an inadmissibility report against foreign nationals or permanent residents citing the allegations and advise the person that they may be inadmissible to Canada. If the report is determined to be well-founded by a Minister’s delegate, it can then be referred to an admissibility hearing before the Immigration and Refugee Board. If appropriate, officers may offer a foreign national the opportunity to withdraw their entry application and leave Canada, instead of facing possible enforcement actions. Alternatively, officers may also allow the person to enter Canada for further examination. Due to privacy, national security, and operational considerations, the Government of Canada and the Royal Canadian Mounted Police do not publicly confirm, deny, or disclose specific details regarding individual reports, complaints, or investigations, including whether particular complaints have been received in relation to specific communities or foreign officials or their affiliates. Where information or complaints are received and assessed as credible, they are addressed through the appropriate authorities and may involve law enforcement and intelligence investigations, engagement with affected communities, and other diplomatic or policy measures, as appropriate. Only in the event that an investigation results in the laying of criminal charges would the Royal Canadian Mounted Police confirm its investigation, the nature of any charges laid, and the identity of the individual(s) involved. The Royal Canadian Mounted Police cannot provide further details on its investigations in order to preserve the security and integrity of Royal Canadian Mounted Police investigations, and the safety of the individuals involved. The Royal Canadian Mounted Police continues to work with federal government partners to develop a structural intake portal that will provide members of the public with a secure method of submitting information in multiple languages that may assist in the collection of information about potential war crimes. Members of the public will be able to provide information regarding incidents, observations, records, communications, or other information they believe may be relevant. This will support the identification of relevant information, patterns, relationships, and circumstances associated with war crimes in conflict zones. Information submitted will be reviewed and assessed to determine its relevance in an impartial and independent manner. The Royal Canadian Mounted Police remains committed to its mandate under Canadian law to assess credible allegations of war crimes and crimes against humanity. This work is conducted with impartiality, relying on evidence-based assessments that are aligned with the principles of the rule of law. The release date for this structural intake portal has not yet been announced. A public advisory will be issued once it is available.