We can't even arrest or keep these war criminals out of Canada.
http://www.scribd.com/doc/19767824/T...ed-From-Canada
LAW is writing to request that G. W. Bush and Dick Cheney and Tony Blair each be barred from
entering Canada in accordance with the inadmissibility provisions of the Immigration and Refugee
Protection Act (IRPA) provisions that bar entry to foreign nationals suspected of human or
international rights violations.
Credible Accusations: George W. Bush and Dick Cheney and Tony Blair have each been accused
by knowledgeable groups and individuals throughout the world of complicity in war crimes, crimes
against humanity and other gross human rights abuses. Accusation of war crimes and crimes against
humanity carried out by the Bush administration under the supervision and direction of G.W. Bush
as President and Commander in Chief of the U.S. Armed Forces and Dick Cheney as Vice-President
are well documented. For example, Professor Michael Haas, in his book, George W. Bush, War
Criminal? The Bush Administration's Liability for 269 War Crimes, identifies and documents
evidence of 269 war crimes and crimes against humanity committed by the U.S. under the direction
and supervision of Bush and Cheney. Tony Blair has been credibly accused of authorizing, directing
or failing to prevent, war crimes and crimes against humanity committed while he was prime
minister during the invasion and occupation of Iraq. None of these accusations have been dismissed
or confirmed by a court of law. However, the credible inculpatory evidence supporting the
accusations is overwhelming and there does not appear to be any credible exculpatory evidence
refuting the accusations.
Reliable Evidence: Evidence that is part of the public record far exceeds the ?reasonable grounds?
required by the inadmissibility sections of the IRPA. That torture and other criminal treatment was
used by U.S. officials on non-Americans imprisoned in Guantánamo Bay, Abu Ghraib, Bagram and
other offshore U.S. prisons is no longer open to question. In our letter of February 23, 2009 we
advised you of some recent reports.[5] These reports indicate that Bush and Cheney authorized and
directed and failed to prevent torture and other prohibited treatment of prisoners in Guantánamo
Bay, Abu Ghraib, Bagram and other U.S. controlled offshore prisons. Evidence now available
establishes that Canadian citizen Omar Khadr is one of the victims of those criminal acts, prohibited
by CAT and by Canadian law. Additional torture memos released by the Obama administration
indicate that Bush and Cheney approved for use on prisoners held in these offshore prisons, sleep
deprivation (used on Khadr), water boarding (simulated drowning) and other treatments prohibited
by international and Canadian law. Records and documents released to date indicate that that Blair
and Bush knowingly planned and carried out the illegal invasion and occupation of Iraq that has
resulted in the death, injury and displacement of millions of people.
Court Decisions: Courts in Canada and the U.S. have confirmed the involvement of the Bush
administration in war crimes. The U.S. Supreme Court in Rasul v. Bush 542 U.S. 455 (2004) ruled
that Bush?s 13 November 2001 order[8] depriving Guantánamo Bay prisoners of habeas corpus was
unlawful under both U.S. and international law. Again in 2006 the U.S. Supreme Court in Hamdan v
Rumsfeld, 126 S.Ct. 2749 (2006) ruled that the Guantánamo Bay regime created by that same 13
November 2001 order violates the Geneva Convention fair trial rights. Under international (Geneva
Conventions) and Canadian (Crimes against Humanity and War Crimes Act and the Geneva
Conventions Act) depriving a prisoner of a fair trial is a war crime.
The Supreme Court of Canada in Canada (Justice) v. Khadr, 2008 SCC 28, confirmed that the Bush
administration?s treatment of prisoners in Guantánamo Bay violated the Geneva Conventions,
Canada?s domestic law and Canada?s international law obligations. The Federal Court of Canada in
Khadr v. the Prime Minister et al, 2009 FC 405, ruled that the U.S. treatment, of Omar Khadr in
Guantánamo Bay and the use of sleep deprivation (moving Khadr every three hours for a period of
three weeks to ?soften? him up for interrogation by Canadian officials) violated CAT and that
Khadr?s detention was illegal under international law.
Canadian law: As observed by UN High Commissioner of Human Rights Navi Pillay all states are
responsible for enforcing international humanitarian law by ensuring that violators are prosecuted
and held accountable. Canada, as a signatory to CAT, the Geneva Conventions and the Rome Statute
for an International Criminal Court, has a legal duty to take effective measures to prevent and punish
war crimes and crimes against humanity (torture is both) wherever such crimes occur, no matter
what the nationality of the perpetrator(s) or victim(s). The Geneva Conventions and CAT impose a
mandatory duty to prosecute people suspected of, in the case of CAT, torture and in the case of the
Geneva Conventions, war crimes and crimes against humanity, once they enter Canada.
In order to fulfill these duties Canada has passed laws to prevent people suspected of war crimes and
crimes against humanity from entering Canada for any purpose. Canada has also made war crimes
and crimes against humanity--committed anywhere in the world, against and by any person(s)--
crimes under Canadian law. Canada?s duty to prosecute these crimes is triggered when the victim is
a Canadian citizen?e.g. Omar Khadr--or the suspected offender enters Canada.
Reports of visits to Canada by Bush, Cheney and Blair coupled with evidence of their involvement
in war crimes and crimes against humanity trigger these legal duties. Unless the Attorney General of
Canada plans to initiate prosecutions once each enters Canada, Canada?s legal duty is to ensure that
Bush, Cheney and Blair are not allowed to enter Canada. The duty to direct, supervise and carry out
all the steps necessary to ensure this result rests with the Prime Minister, the Attorney General of
Canada and with the Ministers of Immigration and Public Safety. The Minister of Foreign Affairs is
included as a recipient of this letter in the event that he elects, as a courtesy, to advise G.W. Bush,
Dick Cheney and Tony Blair of their inadmissibility as was done in the case of British MP George
Galloway. While the latter decision is discretionary, taking the steps necessary to prevent entry is
required by law. The law does not allow an option of suspending the law to allow, even temporary,
immunity to former heads of states or political colleagues who stand credibly accused of war crimes,
crimes against humanity of other gross human rights violations. Indeed, the rule of law forbids such
preferential treatment.
Official Investigations of War Crimes: There are several ongoing official investigations of the
aforementioned accusations against the Bush and Blair administrations of crimes committed during
extra-legal wars. Three examples are: in the U.K., the Chilcot Inquiry; in the U.S., Attorney General
Eric Holder has ordered an investigation into ?whether or not federal laws were violated in
connection with the interrogation of specific detainees at overseas locations?; in the Hague, the
International Criminal Court is conducting preliminary investigations of accusations of war crimes
and crimes against humanity committed in Afghanistan.