Human rights violations (IRPA s 35)
Statutory definition
IRPA s 35(1) renders inadmissible a person who is believed on reasonable grounds to have committed an act outside Canada that constitutes an offence under ss 4–7 of the Crimes Against Humanity and War Crimes Act (Canada), committed before entry to Canada outside the country of which the person is a national or citizen. Section 35 also applies to senior officials in a government engaged in gross human rights violations and members of an organisation engaged in such violations.
Explanation
Human rights violations inadmissibility is absolute — no ministerial relief is available for persons directly responsible for war crimes or crimes against humanity under s 35(1)(a). Members of organisations (s 35(1)(b)) may seek ministerial relief under s 42.1. Canada's Crimes Against Humanity and War Crimes program has dedicated resources for detecting and removing persons who participated in atrocities in their home countries before immigrating to Canada. The War Crimes Section of the Department of Justice cooperates with IRCC and CBSA on these cases.