CIMM – Criminal Code Limitations – February 8, 2023

Implicated Recommendations:

Recommendations #9,10,11 – Criminal Code limitations (PS lead)

Key Messages

• The Government of Canada recognizes the challenges facing Canadian organizations and the need to provide clarity and assurances in relation to Canada’s anti-terrorism financing law and regulations.
• Immigration, Refugees and Citizenship Canada is supportive of the Government’s ongoing work to consider measures, including legislative options, to address the need for exemptions for some Canadian officials and organizations seeking to conduct humanitarian and other essential activities in regions controlled by a terrorist group while avoiding the legal risk of committing a terrorist financing offence.

Background

• Minister Lametti was quoted in an October 5, 2022 CTV article saying that the government is "sensitive" to the issue and that it's a complex matter, which requires the work of different federal departments.
  • “There are a number of different options on the table,” he said, without offering timelines.
  • “Criminal Code amendments are one option on the table – they’re not the only option on the table, and we'll do our best to find the right solution.”
• Minister Sajjan was quoted in a December 12, 2022 Globe and Mail article saying that he expects Parliament to approve the change to the Criminal Code that outlaws financial dealings with the Taliban by late spring.
  • He said his Department has been working “aggressively” behind the scenes on altering the Criminal Code in tandem with the departments of Justice and Public Safety so humanitarian organizations can continue their work.
  • He said “there’s a very good chance of things moving very quickly” through Parliament, adding that it would happen more quickly if opposition parties support the government move.