Prescribed senior official
Encyclopedia
Prescribed senior official is the term used by the Canadian Border Services Agency to refer to an individual who will be refused admission into Canada
by virtue of their past or current service, in or for a government responsible for war crimes or crimes against humanity.
provides that a permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for
defines a prescribed senior official in the service of a government as a person who,
Personal lack of blameworthiness was determined as not relevant to the matter of inadmissibility under paragraph 19(1)(l) of the former Canadian Immigration Act, R.S.C. 1985, c. I-2, which is now paragraph 35(1)(b) of the Act (Canada (Minister of Citizenship and Immigration) v. Adam, [2001] 2 F.C. 337). Paragraph 35(1)(b) is not concerned with complicity in prohibited acts but with whether a position held is senior.
into Canadian law (Canada was the first signatory to ratify the Statute). The failure of a military commander or superior to fulfil their responsibility to take measures to prevent or repress genocide, crimes against humanity and war crimes by not submitting the commission of such a crime by a subordinate to the competent authorities for investigation is deemed breach of command/superior responsibility and made a criminal offence under the Act.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
by virtue of their past or current service, in or for a government responsible for war crimes or crimes against humanity.
Inadmissibility
Section 35(1)(b) of the Canadian Crimes Against Humanity and War Crimes ActCrimes Against Humanity and War Crimes Act
The Crimes Against Humanity and War Crimes Act is a statute of the Parliament of Canada. The Act implements Canada's obligations under the Rome Statute of the International Criminal Court...
provides that a permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for
Definition of "Prescribed senior official"
For the purposes of the Act, Section 16 of the Immigration and Refugee Protection RegulationsImmigration and Refugee Protection Act
Immigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
defines a prescribed senior official in the service of a government as a person who,
Implementation
According to the immigration service enforcement manual, "ENF 18: War Crimes and Crimes against Humanity", (quoted in the case of Younis v. Canada (Citizenship and Immigration), 2010 FC 1157). The "top half indicator" has been cited in a number of cases (Hamidi v. Canada (Minister of Citizenship and Immigration), 2006, FC 333, Nezam v. Canada (Minister of Citizenship and Immigration), 2005 FC 446, Holway v. Canada (Minister of Citizenship and Immigration), 2006 FC 309).Personal lack of blameworthiness was determined as not relevant to the matter of inadmissibility under paragraph 19(1)(l) of the former Canadian Immigration Act, R.S.C. 1985, c. I-2, which is now paragraph 35(1)(b) of the Act (Canada (Minister of Citizenship and Immigration) v. Adam, [2001] 2 F.C. 337). Paragraph 35(1)(b) is not concerned with complicity in prohibited acts but with whether a position held is senior.
Breach of command/superior responsibility
The Crimes against Humanity and War Crimes Act incorporates Canada's obligations as a signatory of the Rome Statute of the International Criminal CourtRome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
into Canadian law (Canada was the first signatory to ratify the Statute). The failure of a military commander or superior to fulfil their responsibility to take measures to prevent or repress genocide, crimes against humanity and war crimes by not submitting the commission of such a crime by a subordinate to the competent authorities for investigation is deemed breach of command/superior responsibility and made a criminal offence under the Act.