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War Criminals in Canada

Autor:   •  January 23, 2012  •  Essay  •  1,007 Words (5 Pages)  •  1,325 Views

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Canada has been well reputed for its powerful legislation that ensures safety and order. Besides preventing crimes occurring within Canada, legislation also fortifies its borders from unsuitable individuals from entering. There are individuals such as war criminals and terrorists who have attempted to bypass the Canadian legislation in order to enter and stay in Canada. However, the Canadian legislation has been successful in locating and expelling such individuals from Canadian borders. Under the Canadian legislation, there are three specific Acts that specifically defend Canada from such individuals. Firstly, the Immigration and Refugee Protection Act (IRPA) (Immigration and Refugee Protection Act, S.C. 2000, c.24) ensures one who wishes to enter Canada must answer truthfully about his background and follow its regulations. Secondly, the Crimes Against Humanity and War Crimes Act (Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24) has been used to effectively prosecute individuals classified as war criminals by legal authorities such as the Royal Canadian Mounted Police (RCMP) and the Department of Justice’s (DOJ) War Crimes Section. Thirdly, the Anti-Terrorism Act (Anti-Terrorism Act, S.C. 2001, c.41) lays out the qualities of a terrorist to prevent any individuals who fulfills the classifications from entering Canada. In light of the above acts, Canadian legislation successfully safeguards Canada from individuals who have committed serious crimes in their past from entering and staying in Canada.

According to the Immigration and Refugee Protection Act (IRPA) (Immigration and Refugee Protection Act, S.C. 2000, c.24), one who applies and claims refugee status must answer truthfully and produce all relevant evidence and documents to support the answers. When an individual wishes to enter Canada, he must submit all relevant documents such as photographs, fingerprints, and medical examinations to identify himself. In some cases, alleged be war criminals who have falsely represented themselves have been caught and expelled from living in Canada. Even if the individual does not answer truthfully, the required documents and evidence is sufficient to prove his dishonesty and ban him from living in Canada. This can be proven because the evidence can be referred through a database of individuals around the world who are classified as wanted criminals, war criminals, and terrorists. In the Oberlander v. Canada (Oberlander v. Canada (Attorney General) (F.C.A.), 2004 FCA 213), Oberlander was caught falsely representing his background by hiding the facts from the security guard when trying to obtain Canadian citizenship regarding his past as a war criminal. Although Oberlander succeeded in obtaining a citizenship, his true identity was soon revealed by Minister of Citizenship and Immigration’s Department after a thorough search of Oberlander’s background and a location on the international database that Oberlander was indeed a war

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