Border measures to keep war criminals out of Canada

Our response to suspected war criminals

Individuals who commit crimes against humanity, war crimes or genocide are not welcome in Canada. If such an individual is identified in Canada, or suspected to be in Canada, the CBSA can:

• provide support to criminal investigations and prosecutions under the Crimes Against Humanity and War Crimes Act
• support an investigation or process to revoke or prohibit citizenship
• identify cases and present evidence that could result in denial of refugee protection to individuals suspected of war crimes or crimes against humanity
• conduct admissibility investigations, write inadmissibility reports and present evidence that could result in a finding of inadmissibility on individuals suspected of crimes against humanity or war crimes in admissibility proceedings
• remove individuals from Canada who are inadmissible on the grounds of crimes against humanity or war crimes

Regimes designated by the Government of Canada

The Minister of Public Safety has the legal authority to designate a regime they are of the opinion engages or has engaged in:

• terrorism
• systematic or gross human rights violations
• genocide
• a war crime or a crime against humanity

Prescribed senior officials associated with these regimes are “inadmissible.” That means they are not allowed into Canada. They could include:

• heads of state
• members of the Cabinet
• ambassadors
• senior diplomats
• members of the judiciary
• senior military
• intelligence officials
• senior public servants

Certain regimes are not recognized as legitimate governments by Canada or other countries. These regimes may still be designated by the Minister of Public Safety under the law.

The decision to designate regimes does not alter Canada’s official stance on the regime’s legitimacy as a government. Regimes that function as de facto national authorities in control of a territory, that is, regimes that control of a territory, region or country, are included in the list of designated regimes.

List of designated regimes

The following is a list of all regimes designated by the Government of Canada pursuant to subparagraph 35(1)(b) of the IRPA. Any foreign nationals or permanent residents who were or are prescribed senior officials in these regimes are inadmissible to Canada.

1. Designated November 13, 2022: the Islamic Republic of Iran from November 15, 2019 onwards;
   ammended September 15, 2024: the Islamic Republic of Iran from June 23, 2003 onwards.
   

   About the designation of the Iranian regime

   Canada stands with the people of Iran, who continue to fight for their human rights. We have taken action to stop senior members of the Iranian regime from seeking or finding safe haven in Canada.

   The Minister of Public Safety first designated the Iranian regime in November 2022, under paragraph 35(1)(b) of the IRPA. This was because Canada identified the Islamic Republic of Iran as a regime that engages or has engaged in terrorism and systematic or gross human rights violations. This earlier designation meant that all senior officials who served in the regime from November 15, 2019 onwards became inadmissible to Canada.

   In September 2024, the Minister of Public Safety amended the start date of the designation of the Iranian regime from November 15, 2019 to June 23, 2003. On this day in June, 2003, the Iranian regime arbitrarily detained Iranian-Canadian photo-journalist Zahra Kazemi, who was subsequently tortured while in detention and died within weeks.

   This amendement means that all senior officials who served in the regime from June 23, 2003 onwards are now inadmissible to Canada.

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   Implementation of the designation

   The CBSA is responsible for making determinations of inadmissibility of persons seeking to enter Canada at ports of entry, as well as conducting immigration investigations against permanent residents and foreign nationals otherwise in Canada.

   Following an investigation, a CBSA official may initiate immigration enforcement against a permanent resident or foreign national by writing an inadmissibility report detailing the grounds of inadmissibility. Allegations of inadmissibility based on a permanent resident or foreign national being a prescribed senior official of a designated regime must be referred to the Immigration and Refugee Board for an admissibility hearing and the issuance of a removal order. If they are found inadmissible, they are subject to removal from Canada.

   All foreign nationals seeking entry to Canada are screened for inadmissibility. An individual may be found inadmissible to Canada even if they were not senior officials who served in the Iranian regime. Individuals may be inadmissible to Canada on several grounds, including for security reasons, human or international rights violations, organized criminality, criminality, sanctions and misrepresentation.

   Immigration, Refugees and Citizenship Canada (IRCC) is responsible for making decisions on citizenship and immigration applications, including visas. To support IRCC in their decision making, the CBSA is often asked to provide admissibility recommendations.

   Actions taken to date

   As of August 26, 2024, under the designation of the Iranian regime:

   • approximately 17,800 applications were reviewed for potential inadmissibility
   • 82 visas were cancelled by IRCC
   • 87 investigations have been launched by the CBSA
     • Additional investigations will be launched as new information becomes available.
   • 43 investigations have been closed by the CBSA, which means that the individuals in question were either not in Canada or determined not to be a senior official in the Iranian regime and therefore not inadmissible for this reason
     • The remaining cases are subject to ongoing investigations or enforcement action
   • 15 persons have been reported inadmissible by the CBSA for being a senior official in the Iranian regime
     • All well-founded cases involving individuals in Canada (14 to date) have been or will be sent to the Immigration Division (ID) of the IRB for an admissibility hearing (hearings can only be held for persons in Canada)
     • The CBSA has requested the scheduling of 8 of these cases, while the rest continue to undergo preparations prior to being sent for scheduling. Of these 8
       • 2 admissibility hearings have been completed, resulting in decisions by the Immigration Division (ID): both individuals were found inadmissible for being prescribed senior officials and were issued deportation orders
       • 1 individual has been removed from Canada
       • 5 are ongoing
2. Designated November 21, 2003: the Government of Ethiopia under Mengistu Haile Mariam from September 12, 1974, to May 21, 1991.
3. Designated March 14, 2001, amended September 9, 2004: the Taliban regime in Afghanistan from September 27, 1996, to December 22, 2001.
4. Designated June 30, 1999, amended March 14, 2001: the governments of the Federal Republic of Yugoslavia and the Republic of Serbia under Slobodan Milosevic from February 28, 1998, to October 7, 2000.
5. Designated April 27, 1998: the government of Rwanda under Juvénal Habyarimana from October 1990 to April 1994 as well as the interim government in power from April 1994 to July 1994.
6. Designated September 3, 1996, amended September 9, 2004: the governments of Ahmed Hassan Al Bakr and Saddam Hussein in power in Iraq from 1968 until May 22, 2003.
7. Designated October 21, 1994: the former Marxist regimes in Afghanistan from 1978 to 1992.
8. Designated April 8, 1994: the former military governments in Haiti from 1971 to 1986 and from 1991 to 1994, except for the period from August to December 1993.
9. Designated October 12, 1993: the Siad Barre regime in Somalia from 1969 to 1991.
10. Designated June 16, 1993, extended on August 15, 1997: the Bosnian-Serb regime from March 27, 1992, to October 10, 1996.

Investigating crimes in Ukraine

Canada is aware of the serious allegations that war crimes and crimes against humanity have been committed in Ukraine. In response, Canada will continue to cooperate with international partners, including the International Criminal Court, to seek accountability for these most serious crimes.

Canada’s national police service, the Royal Canadian Mounted Police (RCMP), through its participation in Canada's Crimes Against Humanity and War Crimes Program, has opened an investigation into these allegations. If you were in Ukraine during the conflict and you are planning to come to Canada, or are already in Canada, you may have information and evidence that can assist with this investigation.

To submit information, please visit the RCMP's webpage on its investigation.

Reporting suspicious activities or individuals

You are encouraged to report any suspicious activities or individuals who may be inadmissible to Canada using our Border Watch Line.

Related links

• Statement from the Crimes Against Humanity and War Crimes Program partners
• War Crimes Program
• War crimes
• Crimes against humanity
• Genocide