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	<title>CLAIHR</title>
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	<description>Canadian Lawyers for International Human Rights</description>
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		<title>Michael Ignatieff on Responsibility to Protect</title>
		<link>http://claihr.ca/wordpress/2011/11/michael-ignatieff-on-responsibility-to-protect/</link>
		<comments>http://claihr.ca/wordpress/2011/11/michael-ignatieff-on-responsibility-to-protect/#comments</comments>
		<pubDate>Wed, 16 Nov 2011 02:20:55 +0000</pubDate>
		<dc:creator>jillian.siskind</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Responsibility to Protect]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=765</guid>
		<description><![CDATA[CLAIHR presented Michael Ignatieff at the kick-off event for our symposium commemorating the 10th anniversary of the Responsibility to Protect doctrine. Video of the event is posted below. Some highlights of his discussion: Canada has an extraordinary reputation in relation to International Law. Some of Canada&#8217;s most significant contributions to International Law have been in [...]]]></description>
			<content:encoded><![CDATA[<p></p><div>CLAIHR presented Michael Ignatieff at the kick-off event for our symposium commemorating the 10th anniversary of the Responsibility to Protect doctrine. Video of the event is posted below.</div>
<p><br/>
<div>Some highlights of his discussion:</div>
<div>Canada has an extraordinary reputation in relation to International Law. Some of Canada&#8217;s most significant contributions to International Law have been in the area of Human Rights, including the Responsibility to Protect (R2P) doctrine.</div>
<p><br/></p>
<div>We would like to thank our generous event sponsors:</div>
<div><a href="http://www.torys.com/" target="_blank">Torys LLP</a></div>
<div><a href="http://www.hullandhull.com/" target="_blank">Hull &amp; Hull LLP</a></div>
<div><a href="http://www.kmlaw.ca/" target="_blank">Koskie Minsky LLP</a></div>
<p>&nbsp;</p>
<div>We would also like to thank our silent auction prize contributors:</div>
<div><a href="http://www.bkcarter.ca/paint_b.html" target="_blank">Biljana K. Carter</a></div>
<div><a href="http://debmazerphotography.blogspot.com/" target="_blank">Deb Mazer</a></div>
<div><a href="http://www.themadbean.com/" target="_blank">The Mad Bean</a></div>
<div><a href="http://www.ferraro502.com/" target="_blank">Ferraro</a></div>
<div><a href="http://www.coquinerestaurant.com/" target="_blank">Coquine</a></div>
<div><a href="http://www.urbanspoon.com/r/10/1541064/restaurant/North-Toronto/La-Salumeria-Toronto" target="_blank">La Salumeria</a></div>
<div>Shula</div>
<p>&nbsp;</p>
<div>See Professor Ignatieff&#8217;s address here:</div>
<p><iframe width="500" height="281" src="http://www.youtube.com/embed/LVFg2DP8_P0?fs=1&#038;feature=oembed" frameborder="0" allowfullscreen></iframe></p>
<div>Watch Professor Ignatieff answer important questions about the doctrine:</div>
<p><iframe width="500" height="281" src="http://www.youtube.com/embed/hHdTko28y_o?fs=1&#038;feature=oembed" frameborder="0" allowfullscreen></iframe></p>
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		<title>Responsibility to Protect</title>
		<link>http://claihr.ca/wordpress/2011/09/responsibility-to-protect/</link>
		<comments>http://claihr.ca/wordpress/2011/09/responsibility-to-protect/#comments</comments>
		<pubDate>Wed, 21 Sep 2011 21:01:25 +0000</pubDate>
		<dc:creator>jillian.siskind</dc:creator>
				<category><![CDATA[Our Work]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=728</guid>
		<description><![CDATA[CLAIHR strongly supports and promotes the use of the doctrine of Responsibility to Protect (R2P&#8221;).  The R2P doctrine is the result of a report of the International Commission on Intervention and State Sovereignty, in which Canada played a central role under the direction of our then Ambassador to the United Nations, Hon. Allan Rock.   2011 [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>CLAIHR strongly supports and promotes the use of the doctrine of Responsibility to Protect (R2P&#8221;).  The R2P doctrine is the result of a report of the International Commission on Intervention and State Sovereignty, in which Canada played a central role under the direction of our then Ambassador to the United Nations, Hon. Allan Rock.   2011 has seen R2P come to the fore in discussions about how Canada and other nations should respond to the great number of internal conflicts the world has witnessed this year alone.  2011 is also the 10th anniversary of this important development in international law.  CLAIHR is proud to be the only Canadian member of the International Coalition for the Responsibility to Protect.</p>
<p>CLAIHR is commemorating the 10th anniversary of the R2P with a year-long symposium.  Our opening event will feature<a href="http://claihr.ca/wordpress/2011/09/686/"> Michael Ignatieff at Hart House in Toronto on October 26, 2011</a>.  Professor Ignatieff will be discussing Canada&#8217;s role in international R2P operations and diplomacy and where he sees our future as a nation on the world stage.  In the late Winter 2012, a panel discussion on the realities of implementing R2P on the ground will be held in Toronto and we will be concluding our year-long symposium with a debate in the Fall of 2012.  Check back for more details as they become available.</p>
<p><strong>What is R2P?</strong></p>
<p>The main concept underlying R2P is that the traditional approach of humanitarian intervention was too blunt a tool to address situations of internal strife causing humanitarian crises.  As a more modern approach and with greater deference to state sovereignty, R2P has three pillars:</p>
<p>1) The State bears the primary responsibility to protect its populations from mass atrocities;</p>
<p>2) The international community has a responsibility to assist States in protecting their populations; and</p>
<p>3) When the State is unwilling or unable to protect their populations, and on a case by case basis, the international community has a responsibility to take collective action in a timely and decisive manner in order to provide protection to the population affected.</p>
<p>Under the third pillar, the international community has a number of options at its disposal aside from military intervention such as preventative diplomacy, fact finding missions, economic sanctions and embargoes and military operations such as no-fly zones, monitoring and civilians defence missions.  Importantly, military measures under this third pillar must be authorized by the U.N. Security Council and only when peaceful measures have proved inadequate.  Humanitarian intervention, however, is not authorized under this third pillar as it is defined as unauthorized coercive action (unilateral or multilateral). Moreover, humanitarian intervention has not been endorsed as a norm by member states of the U.N.</p>
<p><strong>R2P Events</strong></p>
<p>On October 20 and 21  the <a title="Montreal Institute for Genocide and Human Rights Studies at Concordia University" href="http://www.migsr2pconference.com" target="_blank">Montreal Institute for Genocide and Human Rights Studies at Concordia University</a> will be holding an important conference to mark the 10th anniversary of the Responsibility to Protect (R2P).</p>
<p>On November 12, the Canadian Centre for Responsibility to Protect will be hosting a conference, <a title="conference" href=" http://ccr2p.org/?page_id=35">Ten Years after ICISS: Reflections for the Past and Future of R2P</a>, commemorating the 10th anniversary of R2P.</p>
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		<title>CLAIHR Presents Michael Ignatieff October 26, 2011</title>
		<link>http://claihr.ca/wordpress/2011/09/686/</link>
		<comments>http://claihr.ca/wordpress/2011/09/686/#comments</comments>
		<pubDate>Sat, 10 Sep 2011 01:55:10 +0000</pubDate>
		<dc:creator>david.andrews</dc:creator>
				<category><![CDATA[News Releases]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=686</guid>
		<description><![CDATA[CLAIHR is launching its year-long symposium marking the 10-year anniversary of the Responsibility to Protect (R2P) doctrine at our kick off event with Michael Ignatieff on October 26, 2011 from 6:30 to 8:30 PM in the Music Room at Hart House. Professor Ignatieff will be speaking about this important doctrine, which governs the way the [...]]]></description>
			<content:encoded><![CDATA[<p></p><p><a href="http://claihr.ca/wordpress/wp-content/uploads/2011/09/michael-ignatieff.jpg"><img class="size-full wp-image-718 alignleft" title="Michael Ignatieff" src="http://claihr.ca/wordpress/wp-content/uploads/2011/09/michael-ignatieff.jpg" alt="Michael Ignatieff" width="240" height="320" /></a>CLAIHR is launching its year-long symposium marking the 10-year anniversary of the Responsibility to Protect (R2P) doctrine at our kick off event with Michael Ignatieff on October 26, 2011 from 6:30 to 8:30 PM in the Music Room at Hart House. Professor Ignatieff will be speaking about this important doctrine, which governs the way the world responds to international crisis situations as an alternative to the more traditional humanitarian intervention model. The Responsibility to Protect doctrine is a Canadian idea, which asserts that if a government is unable or unwilling to protect its own people, or if a government is responsible for ethnic cleansing or massacres, than other countries should step in and help.</p>
<p>Michael Ignatieff is well known in Canada as being the former leader of the Liberal Party, however, he also played an integral role in the formulation of this doctrine. In 2001, Professor Ignatieff was a member of the International Commission on Intervention and State Sovereignty (ICISS), which released its report on the Responsibility to Protect in 2001. The event will allow attendees to ask Professor Ignatieff questions about R2P and how Canada fits into the global landscape in R2P actions such as crisis in Libya, Syria or other conflict zones, now and into the future.</p>
<p>CLAIHR is proud to present this cocktail reception in conjunction with the newly established University of Toronto student chapter.<br />
<!-- p style="text-align: center;"><a title="Support Us" href="http://claihr.ca/wordpress/support-us/">PURCHASE TICKETS</a></p -->
<p style="text-align: center;">This event is sponsored by Torys.</p>
<p style="text-align: center;"><a href="http://www.torys.com/Pages/default.aspx"><img class="aligncenter size-medium wp-image-762" title="Torys Logo" src="http://claihr.ca/wordpress/wp-content/uploads/2011/09/TORYS-blue-logo-301U-300x77.jpg" alt="Torys Logo" width="300" height="77" /></a></p>
<p><a href="http://www.twitter.com/CLAIHR" target="_blank">Follow CLAIHR on twitter</a> at @CLAIHR for updates on future events in this symposium.</p>
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		<title>CLAIHR&#8217;s 2011 AGM</title>
		<link>http://claihr.ca/wordpress/2011/07/claihrs-2011-agm/</link>
		<comments>http://claihr.ca/wordpress/2011/07/claihrs-2011-agm/#comments</comments>
		<pubDate>Tue, 12 Jul 2011 16:41:08 +0000</pubDate>
		<dc:creator>jillian.siskind</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=553</guid>
		<description><![CDATA[CLAIHR will be holding it&#8217;s Annual General Meeting on July 12 at 6:00 PM for the purpose of reviewing its financial statements for the past fiscal year.  The meeting will be held at 1 Queen Street East, Suite 1620 in Toronto and all current members are invited to attend. &#160;]]></description>
			<content:encoded><![CDATA[<p></p><p>CLAIHR will be holding it&#8217;s Annual General Meeting on July 12 at 6:00 PM for the purpose of reviewing its financial statements for the past fiscal year.  The meeting will be held at 1 Queen Street East, Suite 1620 in Toronto and all current members are invited to attend.</p>
<p>&nbsp;</p>
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		<title>CLAIHR joins International Coalition for R2P</title>
		<link>http://claihr.ca/wordpress/2011/05/claihr-joins-international-coalition-for-r2p/</link>
		<comments>http://claihr.ca/wordpress/2011/05/claihr-joins-international-coalition-for-r2p/#comments</comments>
		<pubDate>Wed, 18 May 2011 18:54:02 +0000</pubDate>
		<dc:creator>jillian.siskind</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Responsibility to Protect]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=541</guid>
		<description><![CDATA[CLAIHR is proud to announce its recent membership in the International Coalition for the Responsibility to Protect. CLAIHR is the first Canadian NGO to join the international coalition and we  look forward to working with this global network to further promote the principles of the Responsibility to Protect.   The Responsibility to Protect provides a [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>CLAIHR is proud to announce its recent membership in the <a title="ICR2P" href="http://www.responsibilitytoprotect.org">International Coalition for the Responsibility to Protect</a>. CLAIHR is the first Canadian NGO to join the international coalition and we  look forward to working with this global network to further promote the principles of the <em>Responsibility to Protect</em>.   The <em>Responsibility to Protect </em>provides a framework to determine when outside intervention is required in domestic crises so that the international community can provide protection to civilians when their government is unable or unwilling to do so.  As part of our commitment to the principles of R2P, CLAIHR will continue its work in education and awareness raising for this important international legal norm in the Canadian context.</p>
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		<title>Responsibility to Protect and the Libyan Crisis</title>
		<link>http://claihr.ca/wordpress/2011/04/responsibility-to-protect-and-the-libyan-crisis/</link>
		<comments>http://claihr.ca/wordpress/2011/04/responsibility-to-protect-and-the-libyan-crisis/#comments</comments>
		<pubDate>Tue, 26 Apr 2011 22:34:20 +0000</pubDate>
		<dc:creator>william.chan</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Responsibility to Protect]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=511</guid>
		<description><![CDATA[On March 26th, 2011, CLAIHR’s President, Jillian Siskind, delivered the keynote address for a two-day symposium at the University of Toronto titled “Deconstructing Humanitarian Aid in the 21st Century”.  The symposium was organized by the International Relations Society at the Munk School of Global Affairs and featured many speakers and panellists in the field of [...]]]></description>
			<content:encoded><![CDATA[<p></p><div id="attachment_515" class="wp-caption alignright" style="width: 320px">
	<img class="size-full wp-image-515  " title="RTP-Munk-JSiskind" src="http://claihr.ca/wordpress/wp-content/uploads/2011/04/RTP-Munk-JSiskind.jpg" alt="CLAIHR President Jillian Siskind" width="320" height="566" />
	<p class="wp-caption-text">CLAIHR President Jillian Siskind speaks about the Responsibility To Protect</p>
</div>
<p>On March 26<sup>th</sup>, 2011, CLAIHR’s President, Jillian Siskind, delivered the keynote address for a two-day symposium at the University of Toronto titled “Deconstructing Humanitarian Aid in the 21<sup>st</sup> Century”.  The symposium was organized by the International Relations Society at the Munk School of Global Affairs and featured many speakers and panellists in the field of human rights.</p>
<p>Delegates were presented with a comprehensive investigation of contemporary issues relating to the politics of humanitarian aid and intervention.  In particular, the symposium offered a well-timed opportunity for students, scholars, practitioners and individuals interested in human rights to gather and discuss relevant human rights issues concerning the recent turmoil in the Middle East.</p>
<p>Jillian provided the delegates with an overview of the legal framework for humanitarian intervention and the responsibility to protect with the corresponding political considerations inherent in such actions.  The focus then turned to the current armed conflict in Libya, with first the background history of the country, followed by a political discussion of the current crisis and the response of the international community.</p>
<p><a href="http://claihr.ca/wordpress/wp-content/uploads/2011/04/RTP-and-Libya-Munk-Keynote.pdf">Click here to read Jillian’s speech.</a></p>
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		<title>Queen’s Law CLAIHR Documentary Film Festival</title>
		<link>http://claihr.ca/wordpress/2011/04/queen%e2%80%99s-law-claihr-documentary-film-festival/</link>
		<comments>http://claihr.ca/wordpress/2011/04/queen%e2%80%99s-law-claihr-documentary-film-festival/#comments</comments>
		<pubDate>Mon, 04 Apr 2011 04:08:37 +0000</pubDate>
		<dc:creator>jana.mareckova</dc:creator>
				<category><![CDATA[Student News]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=467</guid>
		<description><![CDATA[Over March 18 and 19, 2011 the Queen’s University CLAIHR and Canadian Lawyers Abroad Student Chapters hosted CLAIHR&#8217;s 9th Annual International Human Rights Film Festival. The theme of this year’s festival was Children&#8217;s Rights. Students screened three documentaries, on children in India, child soldiers in rural Uganda, and the challenges faced by youth in the Jane &#38; Finch area [...]]]></description>
			<content:encoded><![CDATA[<p></p><div id="attachment_468" class="wp-caption alignleft" style="width: 201px">
	<a href="http://claihr.ca/wordpress/wp-content/uploads/2011/04/Queen-Imgur.jpg"><img class="size-medium wp-image-468    " title="Queen's CLAIHR members 2011" src="http://claihr.ca/wordpress/wp-content/uploads/2011/04/Queen-Imgur-300x211.jpg" alt="" width="201" height="142" /></a>
	<p class="wp-caption-text">Members     of the Queen&#39;s CLAIHR team (from left): Kristen Allen, Chantel Levy,     Allan McGavin, Brittany Sargent, Christine Dowling, Nicole Walton,     Natasha Engineer, Courtenay Simmons</p>
</div>
<p style="text-align: justify;">Over March 18 and 19, 2011 the Queen’s University CLAIHR and Canadian Lawyers Abroad Student Chapters hosted CLAIHR&#8217;s 9th Annual International Human Rights Film Festival. The theme of this year’s festival was Children&#8217;s Rights.</p>
<p style="text-align: justify;">Students screened three documentaries, on children in India, child soldiers in rural Uganda, and the challenges faced by youth in the Jane &amp; Finch area in Toronto.</p>
<div class="mceTemp" style="text-align: justify;">
<dl id="attachment_469" class="wp-caption alignright" style="width: 174px;">
<dt class="wp-caption-dt"><a href="http://claihr.ca/wordpress/wp-content/uploads/2011/04/queens-5.jpg"><img class="size-full wp-image-469 " title="Saturday morning panel" src="http://claihr.ca/wordpress/wp-content/uploads/2011/04/queens-5.jpg" alt="" width="179" height="98" /></a></dt>
<dd class="wp-caption-dd">Saturday  morning panel for &#8220;Uganda&#8217;s Haunted Children&#8221; (from left): Professor Stanley Corbett,  Professor Melanie Adrian, Dr. Walter Dorn, Professor Darryl Robinson</dd>
</dl>
</div>
<p style="text-align: justify;">After each film we hosted speakers.  We welcomed Katherine Fournier from Beyond Borders and Catherine McKenna, Co-founder and Executive Director for Canadian Lawyers Abroad, Dr. Walter Dorn, a professor at Royal Military College in Kingston and at the Canadian Forces College in Toronto, Melanie Adrian, professor at Carleton University, and Queen&#8217;s Law professors Stan Corbett and Darryl Robinson.</p>
<div class="mceTemp" style="text-align: justify;">
<dl id="attachment_470" class="wp-caption alignleft" style="width: 276px;">
<dt class="wp-caption-dt"><a href="http://claihr.ca/wordpress/wp-content/uploads/2011/04/queens11.jpg"><img class="size-full wp-image-470  " title="Saturday afternoon panel" src="http://claihr.ca/wordpress/wp-content/uploads/2011/04/queens11.jpg" alt="" width="266" height="199" /></a></dt>
<dd class="wp-caption-dd">Saturday   afternoon panel for &#8220;Lost in the   Struggle&#8221; (from left): Leanne Wight,   Professor Nicholas Bala, Daren   Dougall, The Honourable Landon Pearson,   Saadya Hamdani</dd>
</dl>
</div>
<p style="text-align: justify;">Our Saturday panel included the Hon. Landon Pearson, a long-time advocate for the rights and well-being of children, Saadya Hamdani, Advocacy Specialist at UNICEF, Daren Dougall, Executive Director of the Youth Diversion Program in Kingston, Queen&#8217;s Law Professor Nicholas Bala, and Leanne Wight, the Supervisory Duty Counsel at the Family Court in Kingston.</p>
<p style="text-align: justify;">Queen&#8217;s CLAIHR hosted almost 140 attendees at the two day festival, raising $230.43 for the World Food Program in North Africa.</p>
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		<title>Van Breda Intervention at the SCC</title>
		<link>http://claihr.ca/wordpress/2011/03/van-breda-intervention-at-the-scc/</link>
		<comments>http://claihr.ca/wordpress/2011/03/van-breda-intervention-at-the-scc/#comments</comments>
		<pubDate>Tue, 22 Mar 2011 02:32:17 +0000</pubDate>
		<dc:creator>jillian.siskind</dc:creator>
				<category><![CDATA[News Releases]]></category>
		<category><![CDATA[Our Work]]></category>

		<guid isPermaLink="false">http://claihr.ca/wordpress/?p=451</guid>
		<description><![CDATA[The Supreme Court of Canada granted leave to appeal in two cases from the Ontario Court of Appeal concerning two Ontario residents who were injured or killed while on vacation in Cuba in the case of Club Resorts v. Van Breda.  The court heard arguments on the ability of a court to hear a case [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>The Supreme Court of Canada granted leave to appeal in two cases from the Ontario Court of Appeal concerning two Ontario residents who were injured or killed while on vacation in Cuba in the case of Club Resorts v. Van Breda.  The court heard arguments on the ability of a court to hear a case in which the defendant and the injuries were located outside of Canada.  CLAIHR, along with <a href="http://www.amnesty.ca/" target="_blank">Amnesty International</a> and the <a href="http://www.ccij.ca/programs/cases/index.php?WEBYEP_DI=15" target="_blank">Canadian Centre for International Justice (CCIJ)</a> were given intervenor status together to make arguments at the Supreme Court.  This case was of interest to CLAIHR, CCIJ and Amnesty as it raised the issue of the forum of necessity jurisdiction, which is vitally important for victims of human rights abuses abroad who wish to commence legal actions in Canada.  This jurisdiction is an emerging concept in private international law where litigants may bring actions in tort proceedings involving foreign defendants and extraterritorial events.  The recognition of this jurisdiction would allow Canadian courts to hear proceedings that could not possibly have been instituted elsewhere.   This jurisdiction provides potential litigants with greater access to justice for crimes where legal recourse has traditionally been virtually impossible such as civil claims relating to egregious human rights violations.  With the recognition of the forum of necessity, Canada would allow plaintiffs who cannot return to the country where the harm occurred, without risking their lives or further injury, to institute civil proceedings against the perpetrators in Canadian courts.</p>
<p>The Ontario Court of Appeal recognized this jurisdiction in limited cases and CLAIHR along with the CCIJ and Amnesty International are seeking confirmation of this approach.  While the Van Breda case does not involve human rights issues, it raises this important issue of jurisdiction that could be a very important tool in assisting victims of human rights violations to find justice in Canada.</p>
<p>CLAIHR, together with the Canadian Centre for International Justice (CCIJ) and Amnesty International, were granted intervenor status by the Supreme Court of Canada in the Van Breda case and made oral arguments at the Supreme Court on March 21, 2011.  CLAIHR urged the Supreme Court to confirm the decision of the Ontario Court of Appeal in recognizing the forum of necessity jurisdiction so that victims of international crimes such as torture, war crimes and other serious international offences can seek justice through the civil courts in Canada so long as the plaintiff has some connection with the Canadian jurisdiction of the court.</p>
<p>CLAIHR is represented pro bono by Dr. François Larocque of the University of Ottawa and Mark Power of <a href="http://www.heenan.ca/" target="_blank">Heenan Blaikie LLP</a>.</p>
<p><a href="http://www.ontariocourts.on.ca/decisions/2010/february/2010ONCA0084.htm" target="_blank">Click here for the decision of the Ontario Court of Appeal</a>.</p>
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		<title>Prosecution of Désiré Munyaneza</title>
		<link>http://claihr.ca/wordpress/2011/01/prosecution-of-desire-munyaneza/</link>
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		<pubDate>Sun, 16 Jan 2011 04:08:28 +0000</pubDate>
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		<description><![CDATA[Trial Update Following his conviction, Mr. Munyaneza appealed both the conviction and his sentence.  CLAIHR, with the Canadian Centre for International Justice (CCIJ), has brought a motion to intervene on appeal.  The hearing of this motion is expected to be held in the Fall of 2011. CLAIHR is represented pro bono by Mr. Fred Headon. [...]]]></description>
			<content:encoded><![CDATA[<p></p><h3>Trial Update</h3>
<p>Following his conviction, Mr. Munyaneza appealed both the conviction and his sentence.  CLAIHR, with the Canadian Centre for International Justice (CCIJ), has brought a motion to intervene on appeal.  The hearing of this motion is expected to be held in the Fall of 2011.</p>
<p>CLAIHR is represented pro bono by Mr. Fred Headon.</p>
<p><a href="http://www.jugements.qc.ca/traductions/index.php" target="_blank">Read the judgment</a></p>
<h3>In the News</h3>
<p><a href="http://www.mcgilltribune.com/2.12363/hutu-refutes-charges-1.1628701" target="_blank">McGill Tribune</a><br />
<a href="#TheAgenda">The Agenda with Steve Paikin</a></p>
<h3>Overview</h3>
<p><strong>Désiré Munyaneza, born in 1966, is a <a href="http://en.wikipedia.org/wiki/Rwanda">Rwandan</a> man being prosecuted in Montreal for crimes committed during the Rwandan genocide in 1994. This case is notable as this is the first person to be arrested in Canada on charges of war crimes and crimes against humanity for his alleged role in the <a href="http://en.wikipedia.org/wiki/Rwandan_genocide">1994 Rwandan Genocide</a>.<span id="more-68"></span> This is the second attempt in Canada to prosecute someone for crimes against humanity for crimes committed abroad in the context of an armed conflict.</strong></p>
<p>In 1994, an estimated 800,000 Tutsis and moderate Hutus were slaughtered by Hutu extremists in the central African country within a deadly 100 days, in one of the century’s worst massacres.</p>
<p>Among other atrocities, Désiré Munyaneza is alleged to have participated in a mass slaughter of as many as 500 terrified Tutsis seeking shelter in a Roman Catholic church during Rwanda’s 1994 genocide. Munyaneza is also accused of having played a very significant role in rape and sexual violence – having personally raped many women and girls and having encouraged the militia under his command to do the same.</p>
<p>In 1997, Munyaneza fled to Canada carrying a fake Cameroon passport. He immediately filed a refugee claim, insisting that because he was a Hutu, he would be killed if he was sent back to Rwanda.</p>
<p>Mr. Munyaneza’s refugee claim was denied largely on the testimony of an RCMP (Royal Canadian Mounted Police) war crimes investigator who linked Mr. Munyaneza to the Rwandan massacre. The Immigration and Refugee Board panel found that there were reasons to believe he had participated in crimes against humanity. According to Art. 1F of the 1951 Convention Relating to the Status of Refugees, a person is excluded from asylum if there are serious reasons to believe that he or she has committed a crime against peace, a war crime, a crime against humanity or has committed an offence against the purposes and the principles of the United Nations.</p>
<p>In October 2005, he was arrested at his Toronto-area home and brought to Montreal to stand trial on charges of rape, murder and looting.</p>
<p>Désiré Munyaneza faces seven charges under the Crimes Against Humanity and War Crimes Act, the first prosecution under this Act, including two counts of genocide, two counts of crimes against humanity and three counts of war crimes. The indictment accuses him of committing murder, psychological terror, physical attacks and sexual violence with intent to wiping out the Tutsi.</p>
<p>The Crimes Against Humanity and War Crimes Act was adopted to implement Canada’s obligations with respect to the International Criminal Court and to provide for the prosecution of international crimes before Canadian courts.</p>
<p>Following the unsuccessful prosecution of Imre Finta in the early 1990s, leading to the 1994 decision of the Supreme Court of Canada, the Canadian Department of Justice has focused on citizenship revocation proceedings rather than criminal prosecutions in dealing with alleged war criminals. The Finta decision, which involved the prosecution of a WWII era Hungarian police officer, was unsuccessful largely due to the difficulty in trying a person alleged to have committed crimes 50 years prior. Mr. Finta was charged with manslaughter, kidnapping, unlawful confinement and robbery. He was accused of committing these acts while forcing the deportation of 8,617 Hungarian Jews.</p>
<p>In Finta, there were great difficulties with the testimony of witnesses, including suggestions of unintentional collaboration through stories told over the years since the war. Significantly, the case also provided an interpretation of the ‘military orders defence’ that since the accused was merely following orders he should not be entirely responsible for his actions. Further, the court found that in order to be convicted of international crimes, the perpetrator must have known and understood the context of the crime, meaning whether they knew or ought to have known that a state of war existed and that their actions, even during a state of war, would “shock the conscience of all right thinking people.”</p>
<p>Due to the failure of Canadian authorities to convict Mr. Finta for the crimes he was charged with, it was decided that it would be more expeditious and realistic to focus on immigration law to remove alleged war criminals from Canada rather than to try them for their crimes. For the most part, this has involved former Nazis. While there have been some successes in establishing that they entered Canada under false pretenses, a decision from the court does not lead to deportation. Once it is found they did enter the country unlawfully, the ultimate decision to revoke their citizenship and deport them rests with Cabinet. In order for these individuals to be removed on this basis, Cabinet needs to pass an Order in Council, which has proven to be extremely difficult to attain. Many of these individuals remain in Canada.</p>
<p>However, since the 1994 Finta decision, international humanitarian law has progressed substantially so that the defence that one was merely following orders can no longer shield an individual from accountability. The ad hoc tribunals established to prosecute the perpetrators of international crimes committed in the former Yugoslavia and Rwanda, and more recently the Special Court in Sierra Leone and the International Criminal Court, clearly set out individual criminal responsibility for one’s actions during armed conflict – whether internal or international in nature. The Munyaneza trial is tremendously important for Canada in terms of its own ability to hold war criminals accountable for their actions, but also as an example among its international colleagues in a world where international accountability has tended to be restricted to international tribunals or military courts. Now that international criminal law has become much more firmly established and understood, this case will provide us with an opportunity to send a message that there will be no impunity for such crimes in Canada.</p>
<p>CLAIHR monitored the trial proceedings and is now moving to intervene on appeal.</p>
<h3>Trial Highlights</h3>
<p>In March 2007, Munyaneza’s trial began with the testimony of a woman, identified only as witness C-15, who stated that she had pretended to be dead for three days and smeared her sister’s blood on her body in order to hide from <a href="http://en.wikipedia.org/wiki/Interahamwe">Interahamwe</a> gangs. <a href="http://en.wikipedia.org/wiki/D%C3%A9sir%C3%A9_Munyaneza/o#_note-2#_note-2">[3]</a> <a href="http://en.wikipedia.org/wiki/D%C3%A9sir%C3%A9_Munyaneza/o#_note-3#_note-3">[4]</a></p>
<p>On April 10, a witness known as C-17 testifed that Munyaneza had raped her four times, and that she had witnessed him personally raping and killing others. <a href="http://en.wikipedia.org/wiki/D%C3%A9sir%C3%A9_Munyaneza/o#_note-4#_note-4">[5]</a></p>
<p><a name="TheAgenda"></a>On April 11, Munyaneza was severely beaten in his cell at the Rivières-des-Prairies prison by a 17-year old who had heard about the details of Munyaneza’s trial in the media. <a href="http://en.wikipedia.org/wiki/D%C3%A9sir%C3%A9_Munyaneza/o#_note-5#_note-5">[6]</a></p>
<h3>Interview on The Agenda</h3>
<p>CLAIHR President, Jillian Siskind, discusses war crimes prosecutions and the Munyaneza case on TV Ontario&#8217;s The Agenda with Steve Paikin on November 3, 2009.</p>
<p>http://youtube.com/watch?v=iIqJn6TFBYw</p>
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		<title>CLAIHR Newsletter First Quarter 2010</title>
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		<pubDate>Fri, 14 Jan 2011 19:39:26 +0000</pubDate>
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				<category><![CDATA[Publications]]></category>

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		<description><![CDATA[<h2>Contents</h2>
<ul>
<li>D&#233;sir&#233; Munyaneza</li>
<li>The Hot Docs Film Festival &#8211; The Canadian International Documentary Festival</li>
<li>The First Nations Truth and Reconciliation Committee</li>
<li>Responsibility to Protect Panel Discussion &#8211; April 2009</li>
<li>Event: Diplomatic Reflections on Afghanistan - March 24</li>
<li>Looking Forward to 2010</li>
<li>CLAIHR&#8217;s Student Chapters</li>
<li>New Board Members</li>
</ul>]]></description>
			<content:encoded><![CDATA[<p></p><h2>Contents</h2>
<ul>
<li><a href="#dm">D&eacute;sir&eacute; Munyaneza</a></li>
<li><a href="#hd">The Hot Docs Film Festival &ndash; The Canadian International Documentary Festival</a></li>
<li><a href="#fn">The First Nations Truth and Reconciliation Committee</a></li>
<li><a href="#rp">Responsibility to Protect Panel Discussion &ndash; April 2009</a></li>
<li><a href="#ls">Event: Diplomatic Reflections on Afghanistan &#8211; March 24</a></li>
<li><a href="#lf">Looking Forward to 2010</a></li>
<li><a href="#sc">CLAIHR&rsquo;s Student Chapters</a></li>
<li><a href="#nb">New Board Members</a></li>
</ul>
<p><span id="more-49"></span></p>
<h2 id="dm">D&eacute;sir&eacute; Munyaneza</h2>
<p><a href="http://claihr.ca/wordpress/wp-content/uploads/2011/01/Witness_X.jpg"><img src="http://claihr.ca/wordpress/wp-content/uploads/2011/01/Witness_X.jpg" alt="Witness X" title="Witness_X" width="303" height="201" class="alignleft size-full wp-image-199" /></a>On 29 October 2009, D&eacute;sir&eacute; Munyaneza, a 42 year old Rwandan businessman, became the first person to be convicted under the <em>Canadian Crimes Against Humanity and War Crimes Act </em>(the &ldquo;Act&rdquo;) which came into force in 2001. He has been sentenced to life imprisonment without parole for 25 years. He now seeks to appeal his conviction and sentence before the Quebec Court of Appeal.</p>
<p>The Munyaneza case thus serves as a ground breaking case in the development of International Criminal Law principles from a Canadian perspective. CLAIHR has closely monitored the trial and now seeks intervener status in the appeal together with the Canadian Centre for International Justice (CCIJ). By seeking intervener status, CLAIHR and the CCIJ hope to further develop and to distil the definition of war crimes, such as genocide and crimes against humanity, set out in the Act, in order to bring them in line with International Criminal Law principles.</p>
<p>Munyaneza was convicted of seven charges under the Act; including genocide, crimes against humanity and war crimes. Munyaneza, A Rwandan Hutu, led a Militia group which systematically targeted Tutsis and committed acts of murder and sexual violence against them in a bid to destroy them. One of Munyaneza&rsquo;s responsibilities was to carry out surveillance of a network of roadblocks in the town of Butare, manned by militiamen wielding machetes, axes, and other instruments. Anyone who was identified as a Tutsi was killed on the spot, or taken away and killed elsewhere.</p>
<p>Munyaneza was also found to have played a significant role in the rape and sexual violence of Tutsis&ndash;having personally raped many women and girls and having encouraged militia under his command to do the same.</p>
<p>Munyaneza fled to Canada with an illegitimate Cameroon passport. His appeal for refugee status had been denied by the Immigration and Refugee Board who found a Munyaneza was involved in the Rwandan massacre.</p>
<p>Although Canada had previously attempted to prosecute Imre Finta, a Hungarian Nazi, who was charged with manslaughter, unlawful confinement and forced deportation of 8617 Hungarian Jews in the early 1990&rsquo;s,Finta was acquitted in 1994 and subsequently deported. Accordingly, the Munyaneza case is the first time anyone has ever been convicted under Canadian law of such crimes.</p>
<p>The Munyaneza proceedings therefore demonstrate and reaffirm Canada&rsquo;s commitment to holding war criminals accountable for their actions, and ensuring that Canada does not become a safe haven for war criminals. It also shows that Canada as a world stage actor has an ability to enforce international human rights norms and is a willing participant in taking a stand against impunity.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h2 id="hd">The Hot Docs Film Festival &ndash; The Canadian International Documentary Festival</h2>
<p>In the Spring of 2009, CLAIHR&#8217;s innovative spirit found new expression in its exciting new alliance with the Hot Docs Film Festival, North America&#8217;s largest documentary film festival which showcases films and filmmakers from over 35 countries around the world.</p>
<p>As a premiere festival sponsor, CLAIHR proudly presented Mugabe and the White African, the true story of white African farmer Michael Campbell&#8217;s desperate struggle to keep his farm in the face of brutal violence by Zimbabwean dictator Robert Mugabe. Boldly charging him with racial discrimination and human rights violations before an international court for his brutal land reclamation policies, Campbell and his family risk their lives in the pursuit of justice. The film was presented to a sold-out audience and was followed by a post-screening CLAIHR reception where guests and members had a opportunity to mingle with the producers and directors of the film.</p>
<p>In its capacity as a recognized leader of human rights in Canada, CLAIHR was also invited by Hot Docs to the Good Pitch Forum, an initiative providing filmmakers with the unique opportunity to pitch social issue documentary projects and their associated campaign strategies to NGOs, charities, foundations, campaigners, advertising agencies, brands and media. The directors and producers of various film proposals were invited by turn to take a seat at one end of an exquisite antique boardroom table in the historic Hart House and to share a synopsis of the film and show a brief trailer. Following each presentation, industry participants seated around the table made comments or suggestions about the film and offered channels of distribution or other forms of assistance including, in some cases, funding. Participants included notable groups such as Amnesty International, Witness, Rights and Democracy, Ford Foundation, American Civil Liberties Organization and the American Bar Association. Set up in the style of a great theatrical production, all around the Good Pitch table in rows of increasingly elevated seating were hundreds of interested observers. This was a novel and laudable approach to uniting filmmakers and organizations fighting for a common purpose.</p>
<p>CLAIHR has continued its exciting association with Hot Docs. In the Fall of 2009, Hot Docs invited CLAIHR to the World Press Photo Exhibit, which featured photos from the winners of the annual worldwide photojournalism contest. As part of the 2010 Hot Docs Film Festival, CLAIHR has once again been invited to participate in the Toronto Documentary Forum.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h2 id="fn">The First Nations Truth and Reconciliation Committee</h2>
<p><a href="http://claihr.ca/wordpress/wp-content/uploads/2011/01/First_Nations_TRC.jpg"><img src="http://claihr.ca/wordpress/wp-content/uploads/2011/01/First_Nations_TRC.jpg" alt="First Nations TRC" title="First_Nations_TRC" width="404" height="272" class="alignleft size-full wp-image-198" /></a>Over the past two years, CLAIHR has closely followed the progress of the First Nations Truth and Reconciliation Commission (TRC) with interest. In 2008 and 2009, CLAIHR was pleased to partner with the Human Rights Clinic at the University of Toronto, Faculty of Law to conduct research regarding not only Canada&rsquo;s First Nations TRC, but TRC&rsquo;s around the world. CLAIHR was also honoured to speak to the students at St. Thomas Acquinas Secondary School in Oakville last May at the request of a student in the human rights class.</p>
<p>The residential schools, which are the subject of the TRC, were notorious for abuse and neglect of First Nations children. The children were forcibly sent to the schools, often hours away from their families, and were punished if they were caught practicing their religion, speaking their native language, among other reasons. An astounding number of children at the schools contracted tuberculosis, resulting in many deaths.</p>
<p>The main purpose of the schools was to assimilate aboriginal children into the dominant Anglo-Saxon culture of the rest of Canada. As Stephen Harper eloquently stated in his apology, &ldquo;these objectives were based on the assumption aboriginal cultures and spiritual beliefs were inferior and unequal. Indeed, some sought, as it was infamously said, &lsquo;to kill the Indian in the child.&rsquo; Today, we recognize that this policy of assimilation was wrong, has caused great harm, and has no place in our country.&rdquo;</p>
<p>The First Nations Truth and Reconciliation Project officially began in June of 2008, a year prior to Stephen Harper&rsquo;s apology. The purpose of the Truth and Reconciliation Commission (TRC) in Canada is to rectify knowledge and experiences from the IRS. Ultimately, the First Nations are searching for a truth to continue the healing process for those who may have been former students of the IRS and for all aboriginals that have experienced injustice. The TRC also hopes to offer recommendations to the government of Canada.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h2 id="rp">Responsibility to Protect Panel Discussion &ndash; April 2009</h2>
<p>Early last year, CLAIHR was approached by the Law Society of Upper Canada to partner an event on the &ldquo;Reconciling State Sovereignty with the Global Responsibility to Protect&rdquo;. In approaching CLAIHR, the Law Society recognized the legitimacy of the organization&rsquo;s role in the international human rights discourse. On April 6, 2009, the panel discussion took place, featuring prominent Canadian figures including the following: the Hon. Bob Rae, former Premier of Ontario, current Member of Parliament and fervent Human Rights defender and foreign affairs critic &ndash; in 2005 he oversaw discussions between the Sri Lankan government and the Tamil Tigers &ndash; Steve Crawshaw, UN advocacy director of Human Rights Watch, Professor Pacifique Manirakiza, assistant professor at the University of Ottawa&rsquo;s Faculty of Law and the Hon. Harry F. LaForme, Ontario Court of Appeals judge. The panel proved to be an informative and educational discussion centered on the origins and applications of the responsibility to protect and specifically on Sri Lankan issues. This occurred for numerous reasons: the very presence of Bob Rae bringing his knowledge and direct experience in the region, the currency of the issues at the time of the event, and the makeup of the audience. While expectedly, the event was attended by lawyers, legal scholars and academics, there were a considerable number of members of the general public interested in the current topic and many were of Sri Lankan descent.</p>
<p>Following the hour and a half long panel discussion, Anne Marie Tremonti served as the keynote speaker at the reception. Tremonti, as an internationally experienced and award-winning journalist and host of &ldquo;The Current&rdquo; on CBC Radio, discussed the coverage of international human rights in the media. Bringing a media perspective to a law-emphasized event, she explained the way in which overseas assignments for journalists are the first to be cut in an economic recession, consequently reducing direct experiences and points of view from journalists and the entire public.</p>
<p>Serving as an event partner, CLAIHR also had the opportunity to set up an information booth at the reception following the panel discussion. There, representatives from CLAIHR promoted another event they were sponsoring: the Hotdocs film festival. There was significant interest in the film and subsequently, the film&rsquo;s showing was sold out.</p>
<p>CLAIHR looks forward to partnering with and fostering an ongoing affiliation with the Law Society in promoting and educating on international human rights.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h3 id="ls">Event: Diplomatic Reflections on Afghanistan &#8211; March 24</h3>
<p>On March 24, 2010, CLAIHR is proud to co-sponsor with the Law Society of Upper Canada an event entitled <i>Peace, Reconciliation and Justice: The Afghanistan Experience Reflections of a Canadian Diplomat</i>. The press release follows.</p>
<p>After three decades of social and political unrest, Afghanistan has an historic opportunity to break with the past and set the direction of its future. One of Canada&rsquo;s esteemed former diplomats and the first-ever ambassador to Afghanistan will deliver a keynote address at the Law Society on March 24, 2010 to reflect on his mission to Afghanistan and the prospects of achieving peace in that country.</p>
<p>Christopher Alexander, Canada&rsquo;s former Ambassador to Afghanistan (2003 &ndash; 2005) and former United Nations Deputy Special Representative of the Secretary-General for Afghanistan (2005 &ndash; 2009), will share his first-hand experiences of promoting peace, human rights, justice and the rule of law while posted in Kabul.</p>
<p>He will also offer his perspectives on the UN Assistance Mission in Afghanistan, including his role in organizing the country&rsquo;s historic elections, the progress that has been made in rebuilding Afghanistan, and the country&rsquo;s pursuit of peace, democracy and justice.</p>
<p>Alexander joined the Canadian Foreign Service of the Department of External Affairs and International Trade in 1991 and held a number of positions, including serving abroad twice in the Canadian Embassy in Moscow. He has been named one of the &ldquo;Top 40 under 40&rdquo; by the Globe and Mail.</p>
<p>This special event is being presented by the Law Society, in partnership with the Canadian Lawyers for International Human Rights, Amnesty International and Canadian Lawyers Abroad. It is part of the Law Society&rsquo;s Rule of Law Education Series.</p>
<p>Members of the legal profession and the public are invited to attend this free event. Advance registration is required. To attend, please register by March 22, 2010 by calling 416-947-3413 or 1-800-668-7380, ext. 3413, or by email atrticzon@lsuc.on.ca.</p>
<p>Members of the media interested in attending are required to confirm their attendance in advance, to help ensure adequate space and audio requirements. Contact Susan Tonkin at 416-947-7605 or mailto:stonkin@lsuc.on.ca.</p>
<p><strong>Event details</strong><br />
Date: March 24, 2010<br />
Presentation: 6 to 8 p.m.<br />
Location: Convocation Hall</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h3 id="lf">Looking Forward to 2010</h3>
<p>With the success of CLAIHR&rsquo;s events and undertakings in 2009, 2010 looks to be an exciting year. In addition to CLAIHR&rsquo;s continued observation of the Munyaneza case, there are plans to submit a motion to intervene in the case. A variety of CLAIHR&rsquo;s Student Chapters plan on showing films on relevant human rights topics &ndash; either through organizing a film festival or with individual viewings. These films have proven popular in the past and hopefully will continue to educate others interested in the promotion of human rights. The University of New Brunswick&rsquo;s chapter is planning on tailoring a research project to coincide with the ongoing the Indian Residential Schools Truth and Reconciliation Committee. As CLAIHR continues to be a non-profit organization, there are plans underway for a late spring fundraiser to support activities undertaken by CLAIHR.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h3 id="sc">CLAIHR&rsquo;s Student Chapters</h3>
<p>CLAIHR has one of the largest networks of law student chapters among Canadian NGOs. Over the years, we have had presence in 12 law schools around the country. Currently, the most active Chapters are located at the Universities of British Columbia, Manitoba, New Brunswick, Western Ontario, Windsor as well as Queen&rsquo;s University Faculty of Law.</p>
<p>CLAIHR&rsquo;s philosophy is to allow its Student Chapters to retain significant autonomy. This stimulates the diversity of projects, that range from poker tournaments to film festivals to research projects.</p>
<p>Ottawa Chapter is famous for organizing its Annual Global Generations Conference. The Conference has been providing opportunities to students to present their paper to a large likeminded audience since 2003.</p>
<p>Queen&rsquo;s and Western Chapters bring together students and professors from all levels and departments of their respective universities to their Human Rights film festivals. The film viewings focus on specific issues related to human rights violations around the world. They are accompanied by presentations from famous speakers and roundtable discussions where everyone can share their thoughts on the issues raised in the films.</p>
<p>This year, our new UBC Chapter will be holding a Poker Tournament to raise funds for its First Human Rights Film Festival. The Festival is expected to be held at the end of the academic year. Other Chapters also hold various fundraising events, such as extremely popular Quiz Nights, and Speaker Series that focus on international human rights and politics.</p>
<p>This year, the University of New Brunswick Chapter is successfully continuing the research project initiated at the University of Toronto Chapter two years ago. The Project provides students with an opportunity to be involved in historical, policy and legal research related to the Indian Residential Schools Truth and Reconciliation Commission. Students in these chapters collect and analyze data on international experience in creating and operating similar Commissions.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
<h3 id="nb">New Board Members</h3>
<h4>Anatoly Vlasov</h4>
<p>Anatoly Vlasov joined CLAIHR&rsquo;s board in July 2009. He is in private practice in Toronto and has experience working for the defence at the International Criminal Tribunal for the former Yugoslavia in The Hague. With CLAIHR, Anatoly has taken over responsibility for CLAIHR&rsquo;s Student Chapters.</p>
<h4>Antoinette Issa</h4>
<p>Antoinette Issa joined CLAIHR’s board in September 2009. She has worked as both a trial and appeals counsel for the office of the prosecutor at the International Criminal Tribunal for the former Yugoslavia (“ICTY”). Notably, she worked extensively on the notorious Srebrenica case, which was found to be the only genocide committed in the Former Yugoslavia and in Europe since World War II. She presently works for the Public Prosecution Service of Canada as a federal crown. Her interest lies in the International Criminal Law and International Humanitarian Law fields.</p>
<h4>David Andrews</h4>
<p>David Andrews joined CLAIHR’s board in December 2009. David is a technology and marketing consultant who runs Ryatta Group, a company specializing in the online marketing of luxury goods. He holds an MBA from the Rotman School of Management at the University of Toronto. David will assume responsibility for improving CLAIHR’s marketing, website and social media offerings.</p>
<p><a href="#top">[TOP]</a><br />
<hr />
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