Règle correspondante
Canada
Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Section A. Cooperation between States
In an annual report issued in 2003 on its Program on Crimes against Humanity and War Crimes, the Government of Canada stated regarding the work of the War Crimes Section of its Department of Justice (DOJ):
DOJ’s War Crimes Section continues to strengthen its working relationship with the Tribunals and European governments. DOJ began working with European governments and police officials on a response to the issue of the movement of war criminals across borders and the sharing of best practices. The section is also actively involved in providing support to the RCMP [Royal Canadian Mounted Police] in several on-going investigations in Europe and Africa. 
Canada, Sixth Annual Report, Canada’s Program on Crimes against Humanity and War Crimes, 2002–2003, p. 11.
In an annual report in 2004 on its Program on Crimes against Humanity and War Crimes, the Government of Canada stated regarding the work of the War Crimes Section of its Department of Justice (DOJ):
DOJ’s War Crimes Section continues to strengthen its working relationship with the International Tribunals and European governments by meeting frequently with their representatives.
The International Assistance Group (IAG) of the Department of Justice Federal Prosecution Service works with the RCMP [Royal Canadian Mounted Police] and the Department of National Defence to support the International Criminal Tribunals for Rwanda and the Former Yugoslavia. IAG also reviews war crimes related requests for mutual legal assistance from foreign governments. 
Canada, Seventh Annual Report, Canada’s Program on Crimes against Humanity and War Crimes, 2003–2004, p. 10.
In an annual report issued in 2005 on its Program on Crimes against Humanity and War Crimes, the Government of Canada stated:
The no safe haven policy means that persons involved or complicit in crimes against humanity or war crimes are not welcome in Canada. The partners in the coordinated War Crimes Program are the Canada Border Services Agency (CBSA), Citizenship and Immigration Canada (CIC), the Department of Justice (DOJ) and the Royal Canadian Mounted Police (RCMP) …
Taking action against war crimes requires a great deal of international cooperation. Program partners take part in international conferences, training … and provide assistance to other countries and the international criminal tribunals.
The partners in the War Crimes Program have been internationally recognized for their cooperation, assistance and sharing of expertise in the development of other nations’ war crimes programs.
The RCMP provides assistance to foreign investigative agencies, which are not permitted to conduct criminal investigations in Canada, with regard to the rights of witnesses in Canada. In the past year, the RCMP War Crimes Section was responsible for the Canadian portion of a number of foreign investigations from countries such as Germany, Italy, the Netherlands, Chile and Denmark.
CIC’s visa officers abroad are responsible for reporting and liaison on global migration, country situations and emerging trends and have developed ongoing relationships with host countries, other diplomatic missions, international organizations and the international criminal tribunals.
DOJ officials visited several foreign countries to discuss access for investigative purposes. The DOJ also hosted officials and responded to requests for cooperation from several countries including the United States, Denmark, Norway and Chile.
In June 2004, officials from Australia, the United States and the United Kingdom visited Canada for a joint working level meeting with Canada’s War Crimes Program partners to discuss issues of mutual concern, including screening methods, data exchange, caseloads, research, statistics and relations with international criminal tribunals.
In January 2005, officials of the United States Office of Special Investigations (OSI) visited Ottawa to meet with the partners in Canada’s War Crimes Program. The OSI has recently been granted legislative authority to investigate modern war crimes and crimes against humanity cases. The partners shared information on the coordinated war crimes program, legislation, investigative practices and prevention and enforcement activities.
Within the limits of the law, the CBSA shares intelligence and research material with the international criminal tribunals and like-minded countries, particularly the United States, Australia, New Zealand, the United Kingdom and other European countries. 
Canada, Eighth Annual Report, Canada’s Program on Crimes against Humanity and War Crimes, 2004–2005, p. 5.
In an annual report issued in 2006 on its Program on Crimes against Humanity and War Crimes, the Government of Canada stated:
The chief objective of the program is denial of safe haven in Canada to persons involved in war crimes, crimes against humanity or genocide. At the same time, Canada contributes to the global fight against impunity for war criminals through cooperation with other countries and international tribunals.
CBSA [Canada Border Services Agency] researchers provide support and intelligence not only internally, but also to national and international partners and international criminal tribunals.
The RCMP [Royal Canadian Mounted Police] is responsible for criminal investigations, with legal support from the DOJ [Department of Justice], and targets individuals in Canada alleged to have participated in crimes against humanity, war crimes or genocide. The RCMP responds to allegations from witnesses, foreign governments, community groups, non-governmental organizations and open source information.
… RCMP investigators carry out witness interview trips under bilateral agreements with foreign governments and police officials.
The program partners have continued to examine allegations of modern war crimes, including referrals from CIC [Citizenship and Immigration Canada]/CBSA and complaints received from the public, other countries and international institutions, to determine whether individuals should be referred for criminal investigation.
The DOJ is responsible for handling allegations of crimes against humanity, war crimes and genocide related to World War II. Investigations are pursued with the assistance of the RCMP. These investigations are complex, often taking several years to complete, and require the expertise of experienced lawyers, analysts, historians and RCMP officers. Historical research is used to build each case and to compile potential witness lists. Most witnesses live overseas, mainly in central and eastern Europe. The DOJ must first seek the cooperation of foreign countries before lawyers and RCMP officers can conduct interviews.
Canada’s War Crimes Program plays a leading role in international efforts to bring war criminals to justice. Mutual legal assistance and exchanges of information with other countries and international bodies are an essential component of the global battle against impunity. Reciprocal relationships with international tribunals and other countries permit the sharing of resources, expertise, information, research and logistical support.
Program partners provide assistance and information to the international criminal tribunals for Rwanda and the former Yugoslavia. All the partners are represented at the Interdepartmental Working Group for the international tribunals, which examines the tribunals’ requests for assistance from Canada. They also work with the International Assistance Group of the DOJ’s Federal Prosecution Service and the Department of National Defence to support the international tribunals. The International Assistance Group reviews requests relating to war crimes or crimes against humanity for mutual legal assistance from foreign governments, international tribunals and the International Criminal Court.
DOJ officials and RCMP investigators visited several foreign countries during the period covered by this report, including Honduras, Colombia, Croatia and Serbia, to discuss access for investigators and researchers and to develop Memoranda of Understanding on international cooperation. The RCMP provides assistance to foreign investigative agencies.
CIC visa officers abroad are responsible for reporting and liaison on global migration, country situations and emerging trends, and have developed ongoing relationships with host countries, other diplomatic missions, international organizations and the various international criminal tribunals. This is particularly true of those in Geneva, Brussels and Washington, where international conferences and meetings of international organizations discuss issues related to migration and human rights. 
Canada, Ninth Annual Report, Canada’s Program on Crimes against Humanity and War Crimes, 2005–2006, pp. 1, 2, 10, 11 and 13.
In an annual report issued in 2007 on its Program on Crimes against Humanity and War Crimes, the Government of Canada stated:
On the international stage, Canada plays a leadership role in global efforts to hold perpetrators of human rights abuses accountable for their crimes through cooperation with other countries and international tribunals. Because of its coordinated approach and its capacity to apply a range of legislative remedies, the War Crimes Program has become a model for other countries.
CBSA [Canada Border Services Agency] researchers provide support and intelligence not only internally, but also to national and international partners and international criminal tribunals …
When a suspected war criminal enters Canada or is already living in Canada, a number of enforcement measures may be used, including exclusion from refugee status, findings of inadmissibility followed by deportation, extradition to foreign states, surrender to international tribunals, criminal investigation and prosecution, and the revocation of citizenship …
The RCMP [Royal Canadian Mounted Police] is responsible for criminal investigations, with legal and research support from the DOJ [Department of Justice], and targets individuals in Canada alleged to have participated in crimes against humanity, war crimes or genocide before their arrival in Canada. The RCMP responds to allegations from witnesses, foreign governments, community groups, non-governmental organizations and open source information.
… RCMP investigators carry out witness interview trips with the assistance of DOJ officials who liaise with representatives from foreign governments to secure cooperation in accordance with bilateral agreements.
The program partners have continued to examine allegations of modern war crimes, including referrals from CIC [Citizenship and Immigration Canada] and the CBSA and complaints received from the public, other countries and international institutions, to determine whether they should be referred for criminal investigation. In order for an allegation to be added o the RCMP/DOJ inventory, among other considerations, the allegation must disclose personal involvement or command responsibility, and the evidence pertaining to the allegation must be corroborated and obtainable in a reasonable and rapid fashion …
The War Crimes Program plays a leading role in international efforts to bring war criminals to justice. Mutual legal assistance and exchanges of information with other countries and international bodies are an essential part of the global battle against impunity. Reciprocal relationships with international tribunals and other countries enable the sharing of resources, expertise, information, research and logistical support.
Program partners work closely with other countries on war crimes issues …
The partners provide assistance, information and legal and investigative support to the international criminal tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia and the ICC. All of the partners are represented in the Interdepartmental Working Group for the international tribunals, which examines the tribunals’ requests for assistance from Canada. They also work with the DOJ’s International Assistance Group and the Department of National Defence to support the international tribunals. The International Assistance Group reviews requests relating to war crimes or crimes against humanity for mutual legal assistance from foreign governments, international tribunals and the ICC.
… The RCMP also provides assistance to foreign law enforcement agencies that travel to Canada to conduct investigations.
CIC visa officers abroad are responsible for reporting and liaison on global migration, country situations and emerging trends, and have developed ongoing relationships with host countries, other diplomatic missions, international organizations and international criminal tribunals. This is particularly true of those in Geneva, Brussels and Washington, where international meetings are held to discuss issues related to migration and human rights.
Program partners recognize the benefits of international cooperation and outreach in the maintenance of its objective to fight impunity and the importance of spreading this message on a global scale. 
Canada, Tenth Annual Report, Canada’s Program on Crimes against Humanity and War Crimes, 2006–2007, pp. 1, 3, 4, 10 and 13.
In an annual report issued in 2008 on its Program on Crimes Against Humanity and War Crimes, the Government of Canada stated:
Introduction
Canada’s global efforts to hold perpetrators of human rights abuses accountable for their crimes through cooperation with other countries and international tribunals have made Canada a leader on the international stage. The Canadian War Crimes Program’s collaborative approach and capacity to apply a range of legislative remedies has become a model for other countries.
Remedies for War Criminals in Canada
International missions: During the 2007–2008 fiscal year, 11 international missions were conducted by the RCMP [Royal Canadian Mounted Police] War Crimes Section to investigate suspected war criminals residing in Canada. The investigators traveled to Rwanda, Serbia, Croatia, Germany, the Netherlands, Bosnia, Honduras and the United States to further their investigations …
International Cooperation and Outreach
The War Crimes Program plays a leading role in international efforts to bring war criminals to justice. Strong relationships with international tribunals and other countries permit the sharing of research, logistics and investigative support.
The CBSA [Canada Border Services Agency] War Crimes Section maintains a close working relationship with American, Australian and British war crimes units under the Four Country Conference (FCC) Memorandum of Understanding (MOU) with Respect to Investigations Relating to Genocide, War Crimes and Crimes Against Humanity, signed in April 2007 by the governments of Australia, Canada, the United Kingdom and the United States. In November 2007, the CBSA War Crimes Section hosted a meeting at the Canadian High Commission in the United Kingdom with FCC partners to discuss information sharing issues.
CBSA researchers provide support and intelligence not only internally, but also to national and international partners and international criminal tribunals. During the 2007–2008 fiscal year, CBSA researchers at national headquarters responded to 3,239 requests for information (RFIs) on cases of alleged war crimes or crimes against humanity, an increase of 134 percent from 1,386 RFIs in 2006–2007 …
International conferences not only promote the exchange of information, but also improve the overall level of cooperation between countries … The RCMP also provides assistance to foreign law enforcement agencies that travel to Canada to conduct investigations. 
Canada, Eleventh Annual Report, Canada’s Program on Crimes against Humanity and War Crimes, 1 April 2007–31 March 2008, pp. 1–8.
In 2013, in a statement before the UN Security Council during an open debate on women, peace and security, the permanent representative of Canada stated:
Canada’s contribution to the prevention of sexual violence in conflict situations include[s] $18.5 million dollars over the next five years to support victims, as well as contribute to investigations and prosecutions of perpetrators in eastern DRC [Democratic Republic of the Congo] where rape is used as a weapon of war. Canada has also supported training investigators of sexual violence who can be rapidly deployed to post-conflict areas around the world. 
Canada, Statement by the permanent representative of Canada before the UN Security Council during an open debate on women, peace and security, 17 April 2013, p. 2.
In 2013, in a statement before the UN Security Council during an open debate on women, peace and security, the deputy permanent representative of Canada stated: “Canada and others are working with partners in the field to … prevent and respond to sexual violence, and hold perpetrators to account. For example, in the Democratic Republic of Congo, Canada assists survivors of sexual violence and brings those responsible to justice.” 
Canada, Statement by the deputy permanent representative of Canada before the UN Security Council during an open debate on women, peace and security, 18 October 2013.