Rachidi Ekanza Ezokola v. Minister of Citizenship and Immigration (January 17, 2013)
Case # 34470
The appellant was economic adviser and second counsellor of embassy to the Permanent Mission of the Democratic Republic of Congo to the UN.
The appellant held this position from 2004 to 2008 when he arrived in Canada to claim refugee protection with his wife and eight children.
Prior to serving as a diplomat, he had been a public servant in the DRC since January 1999, acting principally as an economic advisor.
The Refugee Protection Division of the Immigration and Refugee Board denied his application for refugee protection.
The Board claimed that the appellant was complicit by association in war crimes and crimes against humanity that were committed by the DRC.
The Federal Court allowed Ezokola’s application for judicial review and the Federal Court of Appeal allowed the appeal.
The main question in this case is what is the correct legal standard for culpable complicity in international crimes?