Court Proceedings

The War Crimes Program has made significant headway in ensuring that war criminals are denied impunity and held accountable for their actions. Through visa and entry screening processes, the Canada Border Services Agency (CBSA) and Citizenship and Immigration Canada (CIC) work together to ensure that perpetrators never get past our borders. When suspected perpetrators are identified as living in Canada, the Department of Justice and the Royal Canadian Mounted Police (RCMP) collaborate closely with the CBSA and CIC to make sure that the correct course of action is taken.

Cases

The Program has many ongoing cases concerning alleged war crimes and crimes against humanity. To find statistics and a summary of War Crimes Program cases by year, please visit the Annual Reports section.

Criminal Prosecutions

Munyaneza, Désiré

On October 19, 2005, Mr. Munyaneza, a Rwandan national, was arrested in Toronto for alleged activities relating to the Rwandan genocide in the region of Butare in Rwanda in 1994. Mr. Munyaneza was charged with two counts of genocide, two counts of crimes against humanity, and three counts of war crimes pursuant to the Crimes Against Humanity and War Crimes Act (CAHWCA).

Following a rogatory commission held in Kigali, Rwanda, in January and February 2007, Mr. Munyaneza's trial before the Superior Court of Quebec began on March 26, 2007. On October 10, 2007, the court completed hearing the testimony of Crown witnesses, Crown experts and RCMP investigators. On January 7, 2008, the court started to hear defence witnesses. From January 15 to January 22, 2008, a rogatory commission was held in Paris, France, to hear the testimony of defence witnesses who, for a variety of reasons, could not travel to Canada. Other rogatory commissions were held in Rwanda and Tanzania in April and May 2008. On May 22, 2009, the Superior Court of Quebec convicted Mr. Munyaneza of all seven counts of war crimes, crimes against humanity, and genocide. In October 2009, he was sentenced to life imprisonment without parole for 25 years. The decision is currently under appeal before the Court of Appeal of Quebec.

Mungwarere, Jacques

Jacques Mungwarere came to Canada on April 15, 2001 as a refugee applicant and gained his status the following year. On November 6, 2009, following an RCMP investigation, he was arrested in Windsor, Ontario and charged under the Crimes Against Humanity and War Crimes Act. Mr. Mungwarere, a former teacher in Rwanda, was alleged to have committed crimes against humanity and genocide, during the Rwandan genocide in 1994. The Public Prosecution Service of Canada commenced criminal proceedings against Mr. Mungwarere before the Ontario Superior Court of Justice in Ottawa. His trial began in late spring 2012 and during the course of the 26-week trial most of the witnesses testified via video link from Kigali, Rwanda. Mr. Mungwarere's trial came to an end on March 21, 2013 and on July 5, 2013, Justice Charbonneau of the Ontario Superior Court of Justice found Mr. Mungwarere not guilty.  Justice Michel Charbonneau ruled that although he did not give credibility to Mr. Mungwarere's testimony, the Crown had not proven its case beyond a reasonable doubt.

Revocation of Citizenship

Rogan, Branko

This is the first citizenship revocation case involving a war crimes related matter in the modern context. In July 2007, a notice of intention to revoke citizenship was served on Mr. Rogan pursuant to Section 18 of the Citizenship Act. The trial commenced on April 11, 2011 before the Federal Court in Vancouver with hearings taking place on 13 days over a four-week period.

The decision was rendered on August 18, 2011; Justice Anne MacTavish found that when Mr. Rogan applied in 1994 to come to Canada, he had been untruthful with Canadian immigration and citizenship officials by concealing or providing misleading or false information related to his places of residence; his work history, particularly his work as a reserve police officer and guard at detention facilities in the municipality of Bileca in Bosnia-Herzegovina; and his personal and knowing complicity in the commission of the crimes against humanity of persecution and "other inhumane acts". Specifically, she concluded that Mr. Rogan participated directly and indirectly in the abuse of Muslim prisoners in detention facilities in Bileca.

On September 29, 2011, Justice MacTavish ordered Mr. Rogan to pay for a portion of the government's legal costs. The next step is for the Government of Canada to consider adopting an order to revoke citizenship based on the circumstances of the case.

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