Human Rights Violations

An individual may be found inadmissible to Canada on international human rights violations for several reasons, including having committed a crime against humanity, being a prescribed senior official in the service of a government that has engaged in human rights violations, or being a person whose entry into Canada would breach treaty obligations.

This broad requirement often encompasses those who were officials in a government that committed human rights violations, but who had no say in the matter, or even opposed it.

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There are two approaches that we generally use to address this issue. The first is to challenge the finding that the individual either committed a human rights violation or was an official in a government that did.

The second is to apply for a Ministerial exemption. A person who is nevertheless inadmissible to Canada may nevertheless be able to satisfy the minister of Public Safety and Emergency Preparedness that being in Canada would not be detrimental to the national interest. This decision is at the discretion of the minster, and may not be delegated.

We have seen many situations where untrained individuals tried to represent themselves, and did not understand the specific legal issues that are encompassed by this inadmissibility. If you are accused of being inadmissible due to a human rights violation, it is imperative that you seek legal counsel at the outset.

The Citizenship and Immigration Canada Manual on War Crimes and Crimes Against Humanity can be found here: http://www.cic.gc.ca/english/resources/manuals/enf/enf18-eng.pdf

Please e-mail steven.meurrens@larlee.com or call 1-604-681-9887 if you have any questions about overcoming your inadmissibility.