One year after its creation, the federal government's "Most Wanted" list still sparks controversy.
Public Safety Minister Vic Toews calls it a resounding success: it has seen the capture, thanks to public reporting, of 26 fugitive immigrants, and the expulsion from Canada of 19 of those people. But the list, which appears on a government web-site and uses the public's eyes and ears to capture men and women wanted out of Canada for potential war crimes, criminal convictions or links to terrorism and espionage, masks problems, say law and civil rights experts.
It has also attracted international attention - not necessarily positive.
"In many of the cases in the original list, we were talking about people who were not convicted war criminals, but people for whom there were allegations of involvement in war crimes or crimes against humanity - which is a very, very different thing than suggesting that these people are actually guilty of war crimes," said law professor Sharryn Aiken of Queen's University in Kingston, Ont.
The people named on the list were found inadmissible to Canada by the Immigration and Refugee Board, which has a much lower standard of proof required than a criminal court, according to Aiken.
Once the person's country becomes aware of why the individual is being deported from Canada, the risk of reprisal and mistreatment rises for that person, making it more difficult for the federal government to kick them out of the country, she said. Under United Nations treaties, no one should be deported to a country where there is a believable risk that they will be subjected to human rights violations.
The "most-wanted" list, launched last July, first featured 30 men wanted for deportation because they were suspected of participating in war crimes, and includes mug shots, brief physical descriptions and an explanation of why they are wanted by the Canada Border Services Agency. The men on the original list ranged from a soldier who witnessed summary executions and took part in a deadly crack-down, to a mid-level bureaucrat in an oppressive regime.
Soon after the war crimes list was released, individuals convicted of serious crimes - assault, weapons violations, murder are among some of the examples - either in Canada or abroad, were also added to the ranks of the most wanted.
Accompanying the list is a tip line - run with the help of CrimeStoppers - where the public could, and still can, call in any sightings of the individuals.
In an interview with Postmedia News, Toews said prosecutions in Canada can be prohibitively expensive: one of the two war crimes trials that has taken place in Canada cost more than $1 million. He said the government would prefer these individuals were tried in their own countries or at the International Criminal Court in The Hague.
Toews also said that by enlisting the public's help, the most-wanted list allows investigators to focus on other matters.
But internationally, the list has gained notice. Alex Neve, head of Amnesty International Canada, pointed to a recent United Nations Committee Against Torture report that was broadly critical of Canada's policies.
He said in the past the UN committee has pressed Canada to improve its record of punishing human rights abusers.
"Notably, in this year's review they have picked up that concern and, in illustrating the nature of their concern, they actually refer to the most wanted list," he said.
"The committee is also concerned about numerous and continuous reports that the state party's policy of resorting to immigration processes to remove or expel perpetrators from its territory rather than subjecting them to the criminal process creates actual or potential loopholes for impunity," the report reads. "If [the individuals on the list] are apprehended and deported, they may escape justice and remain unpunished."
Original Article
Source: vancouver sun
Author: Robert Hiltz
Public Safety Minister Vic Toews calls it a resounding success: it has seen the capture, thanks to public reporting, of 26 fugitive immigrants, and the expulsion from Canada of 19 of those people. But the list, which appears on a government web-site and uses the public's eyes and ears to capture men and women wanted out of Canada for potential war crimes, criminal convictions or links to terrorism and espionage, masks problems, say law and civil rights experts.
It has also attracted international attention - not necessarily positive.
"In many of the cases in the original list, we were talking about people who were not convicted war criminals, but people for whom there were allegations of involvement in war crimes or crimes against humanity - which is a very, very different thing than suggesting that these people are actually guilty of war crimes," said law professor Sharryn Aiken of Queen's University in Kingston, Ont.
The people named on the list were found inadmissible to Canada by the Immigration and Refugee Board, which has a much lower standard of proof required than a criminal court, according to Aiken.
Once the person's country becomes aware of why the individual is being deported from Canada, the risk of reprisal and mistreatment rises for that person, making it more difficult for the federal government to kick them out of the country, she said. Under United Nations treaties, no one should be deported to a country where there is a believable risk that they will be subjected to human rights violations.
The "most-wanted" list, launched last July, first featured 30 men wanted for deportation because they were suspected of participating in war crimes, and includes mug shots, brief physical descriptions and an explanation of why they are wanted by the Canada Border Services Agency. The men on the original list ranged from a soldier who witnessed summary executions and took part in a deadly crack-down, to a mid-level bureaucrat in an oppressive regime.
Soon after the war crimes list was released, individuals convicted of serious crimes - assault, weapons violations, murder are among some of the examples - either in Canada or abroad, were also added to the ranks of the most wanted.
Accompanying the list is a tip line - run with the help of CrimeStoppers - where the public could, and still can, call in any sightings of the individuals.
In an interview with Postmedia News, Toews said prosecutions in Canada can be prohibitively expensive: one of the two war crimes trials that has taken place in Canada cost more than $1 million. He said the government would prefer these individuals were tried in their own countries or at the International Criminal Court in The Hague.
Toews also said that by enlisting the public's help, the most-wanted list allows investigators to focus on other matters.
But internationally, the list has gained notice. Alex Neve, head of Amnesty International Canada, pointed to a recent United Nations Committee Against Torture report that was broadly critical of Canada's policies.
He said in the past the UN committee has pressed Canada to improve its record of punishing human rights abusers.
"Notably, in this year's review they have picked up that concern and, in illustrating the nature of their concern, they actually refer to the most wanted list," he said.
"The committee is also concerned about numerous and continuous reports that the state party's policy of resorting to immigration processes to remove or expel perpetrators from its territory rather than subjecting them to the criminal process creates actual or potential loopholes for impunity," the report reads. "If [the individuals on the list] are apprehended and deported, they may escape justice and remain unpunished."
Original Article
Source: vancouver sun
Author: Robert Hiltz
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