Criminal Code Terrorist Listings Regime
Classification: Unclassified
Branch/Agency: NCSB
Proposed Response:
- The listing of terrorist entities under the Criminal Code is one of many tools that Canada uses to combat terrorist operations and support to terrorist activities. A listing imposes significant consequences and can render certain terrorism offences applicable.
- In June 2019, Canada added three new Iran-backed groups to the Criminal Code list: al-Ashtar Brigades, Harakat al-Sabireen and the Fatemiyoun Division. Iran provides them with substantial resources, including training and weapons to carry out terrorist acts that advance its goals in the region.
- In addition, Canada continues to list the IRGC’s Qods Force, which is Iran’s mechanism for supporting terrorist groups abroad.
- To further Canada’s efforts to combat terrorism internationally, a number of terrorist entities who have benefited from the Qods Force’s patronage and who help advance Iran’s interests and foreign policy are also listed. These include Hizballah, Hamas, the Palestinian Islamic Jihad, and the Taliban.
- While I can’t say what entities are being considered for listing, I can tell you that the assessment process is continuous and action will be taken should a need be identified.
Background:
The Criminal Code sets out a terrorist listing regime to help prevent the use of Canada’s financial system to further terrorist activity, and to assist in the investigation and prosecution of terrorist offences. Listing an entity, be it an individual or a group, carries significant consequences. Banks and financial institutions must freeze the assets of a listed entity; all persons in Canada, as well as Canadians abroad, are prohibited from knowingly dealing with such assets. Additionally, a listing can also lead to the de-registration of a charity or the refusal to register an organization as a charity, if there is an affiliation with a listed entity. Finally, once listed, certain offences related to terrorist financing, terrorist related travel and terrorist recruitment may apply. This strengthens law enforcement’s ability to take action against domestic members and supporters of terrorist entities.
The Minister of Public Safety and Emergency Preparedness may recommend to the Governor in Council (GiC) that individuals or groups be officially designated as ‘terrorist entities’ pursuant to s. 83.05 (1) of the Criminal Code (Establishment of list) if there are reasonable grounds to believe that an entity:
- has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or
- has knowingly acted on behalf of, at the direction of, or in association with, an entity referred to in paragraph (a).
There are currently 60 terrorist entities listed pursuant to the Criminal Code. The last addition to the list occurred in June 2019, when the Government listed, for the first time, two right-wing extremist groups: Blood & Honour and Combat 18.
On June 13, 2018, the House of Commons adopted an Opposition motion which called on the Government to do three things: (i) immediately cease any and all negotiations or discussions with Iran to restore diplomatic relations; (ii) demand that Iran immediately release all Canadians and Canadian permanent residents who are currently detained in Iran; (iii) immediately designate the Islamic Revolutionary Guard Corps (IRGC) as a listed entity under the Criminal Code.
Canada has several punitive measures already in place in response to Iran’s support of terrorism, and against the IRGC. These include the listing of the IRGC’s Qods Force as a terrorist entity under the Criminal Code, which occurred on December 17, 2012. The Qods Force is the branch of the IRGC responsible for extraterritorial operations, and for exporting the Iranian Revolution through activities such as facilitating terrorist operations. They provide arms, funding and paramilitary training to other listed groups, including the Taliban, Hizballah and Hamas.
Canada also added three groups supported by Iran to the list. Al-Ashtar Brigades is a Shia militant group supported by Iran which aims to overthrow Bahrain’s Sunni monarchy. The Fatemiyoun Division is a Qods Force led Militia fighting in Syria comprised mainly of Afghan refugees recruited from Iran and Afghanistan.Harakat al-Sabireen is an Iranian-backed Shia group which operates in the Gaza Strip and has fired rockets into Israel.
Other existing measures against the IRGC include sanctions imposed under the Special Economic Measures Act in response to Iran's nuclear and weapons of mass destruction programs. These actions were partly coordinated with like-minded countries to explicitly target the IRGC, its branches, and its leadership by prohibiting any dealings between Canadians and these entities. These measures are also intended to restrict Iran’s access to sensitive goods from Canada, especially with respect to nuclear proliferation and the development of ballistic missiles.
Moreover, on September 7, 2012, Canada listed Iran as a state supporter of terrorism under the State Immunity Act. Once Iran was listed, its immunity from civil proceedings was lifted in relation to its terrorist activity or support for terrorism. All assets in Canada belonging to Iran, except its diplomatic properties, was seized to satisfy civil proceedings under the Justice For Victims of Terrorism Act (JVTA). The JVTA allows victims of terrorism to launch civil actions against perpetrators of terrorism and those that support them for loss or damage that occurred as a result of an act of terrorism committed anywhere in the world. In order to bring a claim under the JVTA, a person must have suffered loss or damage in or outside Canada on or after January 1, 1985 as a result of an act or omission that is, or had it been committed in Canada would be, punishable under Part II.1 of the Criminal Code (terrorism offences).
Contacts:
Prepared by: NCSB / NSOD
Approved by: Dominic Rochon, Senior Assistant Deputy Minister, NCSB (613-990-4976)
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