Prescribed senior official

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Prescribed senior official is the term used by the Canada Border Services Agency to refer to an individual who will be refused admission into Canada by virtue of their past or current service in or for a government responsible for war crimes or crimes against humanity

Section 35(1)(b) of the Canadian Crimes Against Humanity and War Crimes Act provides that a permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for

"... being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Act".[1]

For the purposes of the Act, Section 16 of the Immigration and Refugee Protection Regulations defines a prescribed senior official in the service of a government as a person who

"by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes

(a) heads of state or government; (b) members of the cabinet or governing council; (c) senior advisors to persons described in paragraph (a) or (b); (d) senior members of the public service; (e) senior members of the military and of the intelligence and internal security services; (f) ambassadors and senior diplomatic officials; and

(g) members of the judiciary".[1]

Implementation

Breach of command/superior responsibility

References

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