Canada ( Minister of Citizenship and Immigration ) v. Cordon
IMM-3042-94
Pinard J.
20/4/95
5 pp.
Application for judicial review of Convention Refugee Determination Division (panel) decision respondent Convention refugee -- In course of employment with Guatemalan police respondent compelled to participate in several activities in addition to duties as radio operator, including burial of corpses in common graves (burial) and firing squad -- On latter point, respondent stated did not aim at prisoners but fired to miss and following this incident, fled country -- In granting him refugee status panel concluded respondent did not voluntarily participate in crimes against humanity -- Issue whether panel correctly found exclusion under Convention, Art. 1F(a) did not apply in instant case -- Mere membership in organization involved in crimes against humanity not always sufficient to justify excluding claimant, but in some cases because of particular nature of organization membership in group will suffice to exclude claimant (Ramirez v. Canada (Minister of Employment and Immigration, [1992] 2 F.C. 306 (C.A.))-Additionally, Gutierrez et al. v. Minister of Employment and Immigration (1994), 84 F.T.R. 227 (F.C.T.D.), set out three-part test for complicity and mentioned certain factors for determining whether claimant has dissociated himself sufficiently from his organization -- Panel applied Gutierrez rules only to incident of execution squad without considering (1) part played by respondent in inspection of contraband and burial; (2) respondent, as radio operator, had knowledge of illegal activities and harsh actions committed by police; and (3) respondent always had periods of leave but did not flee during any of these -- Panel therefore could not properly assess seriousness of reasons for which it might think respondent had committed crime against humanity -- Application allowed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).