MA2-06099

MA2-06099

The panel concluded that the claimant's lengthy service, commanding rank, training, duties and access to information established knowledge of the army's systematic human rights abuses and that his continued service and failure to dissociate amounted to wilful blindness and shared common purpose; therefore, he is an accomplice and excluded under Article 1F(a) and 1F(c).

Citation
MA2-06099
Parties
Claimant: XXXXX XXXXX XXXXX XXXXX; Respondent: Minister; Refugee Protection Officer: Roxanne Cyr
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2006
Procedural Posture
Refugee Exclusion Under Convention 1 F / Decision on Exclusion After Hearing
Outcome
Claimant excluded from refugee protection
Legal Topics
Exclusion Clauses, Crimes Against Humanity, Complicity, Wilful Blindness, Military Service, Persecution, Torture
Source Language
English
Refugee Law Immigration Law International Human Rights Criminal Law Exclusion Clauses Crimes Against Humanity Complicity Wilful Blindness +3 more

Case Brief

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Parties

XXXXX XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Roxanne Cyr

Refugee Protection Officer

Procedural Posture

Refugee Exclusion Under Convention 1 F / Decision on Exclusion After Hearing

Legal Issues

  1. 1 Whether claimant committed or conspired to commit crimes against humanity
  2. 2 Whether claimant had knowledge of military human rights abuses
  3. 3 Whether claimant shared the common purpose of perpetrators such that exclusion applies

Ratio Decidendi

The panel concluded that the claimant's lengthy service, commanding rank, training, duties and access to information established knowledge of the army's systematic human rights abuses and that his continued service and failure to dissociate amounted to wilful blindness and shared common purpose; therefore, he is an accomplice and excluded under Article 1F(a) and 1F(c).

Court Disposition

Claimant excluded from refugee protection

Orders

  • Claimant excluded from the refugee protection system pursuant to Article 1F; file closed.