The Federal Court reviewed a finding that the applicant was
inadmissible under paragraph 35(1)(a) of the IRPA for complicity in crimes
against humanity arising from his service as a radio operator in the Philippine
Army.
The Court overturned the decision because the officer relied
on an outdated test for complicity and treated knowledge of, and association
with, the army’s activities as sufficient.
Key Principle
Following Ezokola v. Canada, complicity in
international crimes requires more than mere association, knowledge, or
acquiescence.
There must be serious reasons to believe that the individual knowingly or recklessly made a significant contribution to an
international crime or to the criminal purpose of the group.
A person’s contribution to an organization is not by itself
sufficient. The evidence must establish a meaningful connection between the
individual’s conduct and the crime or criminal purpose.
Background
The applicant was a Philippine citizen who had served as a
radio operator with the Philippine Army. He later sought permanent residence in
Canada through his Canadian spouse.
The officer became concerned about his involvement with army
units that had been associated with atrocities. The applicant explained that
his role was limited to maintaining communications and that he had never
personally participated in crimes against humanity.
The officer nevertheless found him inadmissible, relying
primarily on Ramirez and concluding that his knowledge of the army’s
activities and continued association with the military could amount to
complicity.
Court Findings
The Federal Court found that the officer applied the wrong
legal test.
The Court explained that Ezokola had replaced the
former approach that could permit complicity to be established through
association. The evidence had to demonstrate a significant contribution to an
international crime or to the organization’s criminal purpose.
The Court specifically rejected the notion that contributing
to the military organization generally was enough. The relevant question was
whether the applicant had made a significant contribution to the crime or
criminal purpose itself.
The officer had also applied an even broader standard by
finding that knowledge of and acquiescence in the group’s activities could
establish complicity. The Court held that this approach could no longer be
applied after Ezokola.
Because the officer failed to apply the correct legal
principles, the inadmissibility finding could not stand.
Outcome
The Federal Court allowed the application for judicial
review and returned the matter to another officer for redetermination.
Case Citation:
Concepcion v. Canada (Citizenship and Immigration), 2016 FC 544 CanLII
Prepared by:
Dr. Muhammad
Abrar (Barrister and
Solicitor)
Author | Writer | Mentor | Legal Researcher | Canadian Immigration Case Law and
Statistics Analyst





