Tuesday, November 30, 2004
Polite, yet blunt.
Wednesday, November 24, 2004
The Honourable Judy Sgro, P.C., M.P.
Minister of Citizenship and Immigration
Ottawa Canada K1A 1L1
Tel: 1 613 954 1064
Fax: 1 613 957 2688
Minister@cic.gc.ca
sgro.j@parl.gc.ca
Dear Minister Sgro;
Re: President George W. Bush proposed November 30th 2004 visit to Canada.
We wrote to Prime Minister Martin on November 19 2004 protesting the invitation of President Bush to Canada on the grounds of the President's flagrant commission of the most serious crimes against international law. Our letter is enclosed.
As that letter indicates, many of the crimes of which President Bush stands accused are crimes under Canadian law, specifically under the Crimes Against Humanity and War Crimes Act.
We are writing to you now to remind you that these crimes render President Bush inadmissible to Canada under our immigration laws. Because responsibility for the operation and enforcement of the Immigration and Refugee Protection Act lies with you and your Ministry, we are calling on you to advise the Prime Minister of this fact and to insist that he rescind this invitation out of respect for our laws.
As you know, section 35 of the Immigration and Refugee Protection Act, 2001 2001 provides as follows:
35. (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
Paragraph 2 of section 35 allows for exceptions to be made for other classes of inadmissible foreign nationals 'who satisf[y] the Minister that their presence in Canada would not be detrimental to the national interest.' However, these exceptions specifically do not apply to those who have committed acts constituting offences referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act.
Section 6 of the Crimes Against Humanity and War Crimes Act incorporates by reference all international crimes against humanity and war crimes, and, explicitly, all crimes enumerated in Articles 7 and 8(2) of the Rome Statute of the International Criminal Court. Section 7 of the Act places special responsibility on `military commanders' and other `superiors' for crimes committed by their subordinates that they knew of, or were criminally negligent in failing to know of, and with respect to which they did not take necessary and reasonable steps to prevent.
Section 33 of the Immigration and Refugee Protection Act specifically provides that `facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.'
The evidence of President Bush's past and ongoing criminality is overwhelming. A recent editorial in the Washington Post commented on some of the now well known facts regarding the chain of memoranda from the President and white house White House counsel Alberto R. Gonzales, now Attorney General, that led to the use of torture by the US Armed Forces.
These memoranda clearly establish the President's culpability for the torture used on detainees at Guantanamo Bay and Abu Ghraib prisons. We also refer you to the many careful reports prepared by respected human rights organizations, journalists and scholars and also to recent decisions by US Courts, some of which are referenced in our letter to the Prime Minister and others we have listed below. These clearly provide far more than `reasonable grounds to believe' in President Bush's legal and moral responsibility for the gravest crimes under numerous provisions of the Crimes Against Humanity and War Crimes Act.
We are sending a copy of this letter directly to the Interdepartmental Operations Group (IOG), the agency through which, we have been given to understand, Citizenship and Immigration Canada, the Department of Justice and the RCMP investigate all allegations of crimes against humanity and war crimes.
We remind you of the proud claim made by Canada's War Crimes Program in its 2003-2004 report that, "The policy of the Government of Canada is unequivocal. Canada will not be a safe haven for persons involved in war crimes, crimes against humanity or other reprehensible acts."
The time is short before President Bush's intended visit, so we are asking that you or your representative meet with us immediately to explain the action you intend to fulfill your obligations under the Immigration and Refugee Protection Act.
Sincerely,
Michael Mandel and Gail Davidson
on behalf of Lawyers against the War (LAW) a Canada-based committee of jurists and others with members in thirteen countries.
cc. Interdepartmental Operations Group,
war_crimes-crimes_de_guerre@rcmp-grc.gc.ca
The Honourable Judy Sgro, P.C., M.P.
Minister of Citizenship and Immigration
Ottawa Canada K1A 1L1
Tel: 1 613 954 1064
Fax: 1 613 957 2688
Minister@cic.gc.ca
sgro.j@parl.gc.ca
Dear Minister Sgro;
Re: President George W. Bush proposed November 30th 2004 visit to Canada.
We wrote to Prime Minister Martin on November 19 2004 protesting the invitation of President Bush to Canada on the grounds of the President's flagrant commission of the most serious crimes against international law. Our letter is enclosed.
As that letter indicates, many of the crimes of which President Bush stands accused are crimes under Canadian law, specifically under the Crimes Against Humanity and War Crimes Act.
We are writing to you now to remind you that these crimes render President Bush inadmissible to Canada under our immigration laws. Because responsibility for the operation and enforcement of the Immigration and Refugee Protection Act lies with you and your Ministry, we are calling on you to advise the Prime Minister of this fact and to insist that he rescind this invitation out of respect for our laws.
As you know, section 35 of the Immigration and Refugee Protection Act, 2001 2001 provides as follows:
35. (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
Paragraph 2 of section 35 allows for exceptions to be made for other classes of inadmissible foreign nationals 'who satisf[y] the Minister that their presence in Canada would not be detrimental to the national interest.' However, these exceptions specifically do not apply to those who have committed acts constituting offences referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act.
Section 6 of the Crimes Against Humanity and War Crimes Act incorporates by reference all international crimes against humanity and war crimes, and, explicitly, all crimes enumerated in Articles 7 and 8(2) of the Rome Statute of the International Criminal Court. Section 7 of the Act places special responsibility on `military commanders' and other `superiors' for crimes committed by their subordinates that they knew of, or were criminally negligent in failing to know of, and with respect to which they did not take necessary and reasonable steps to prevent.
Section 33 of the Immigration and Refugee Protection Act specifically provides that `facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur.'
The evidence of President Bush's past and ongoing criminality is overwhelming. A recent editorial in the Washington Post commented on some of the now well known facts regarding the chain of memoranda from the President and white house White House counsel Alberto R. Gonzales, now Attorney General, that led to the use of torture by the US Armed Forces.
These memoranda clearly establish the President's culpability for the torture used on detainees at Guantanamo Bay and Abu Ghraib prisons. We also refer you to the many careful reports prepared by respected human rights organizations, journalists and scholars and also to recent decisions by US Courts, some of which are referenced in our letter to the Prime Minister and others we have listed below. These clearly provide far more than `reasonable grounds to believe' in President Bush's legal and moral responsibility for the gravest crimes under numerous provisions of the Crimes Against Humanity and War Crimes Act.
We are sending a copy of this letter directly to the Interdepartmental Operations Group (IOG), the agency through which, we have been given to understand, Citizenship and Immigration Canada, the Department of Justice and the RCMP investigate all allegations of crimes against humanity and war crimes.
We remind you of the proud claim made by Canada's War Crimes Program in its 2003-2004 report that, "The policy of the Government of Canada is unequivocal. Canada will not be a safe haven for persons involved in war crimes, crimes against humanity or other reprehensible acts."
The time is short before President Bush's intended visit, so we are asking that you or your representative meet with us immediately to explain the action you intend to fulfill your obligations under the Immigration and Refugee Protection Act.
Sincerely,
Michael Mandel and Gail Davidson
on behalf of Lawyers against the War (LAW) a Canada-based committee of jurists and others with members in thirteen countries.
cc. Interdepartmental Operations Group,
war_crimes-crimes_de_guerre@rcmp-grc.gc.ca
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