Parliamentary Committee Notes: Opening Remarks

Good afternoon/evening.

Mr. Chair, honourable members of the committee and colleagues, thank you for the opportunity to speak with you today.

I'd like to begin by acknowledging we're here on the traditional territory of the Algonquin Anishnaabeg People, in Ottawa.

I'm here before you today to discuss Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, which would create an authorization regime to facilitate the delivery of certain types of international assistance in geographic areas controlled by a terrorist group.

These amendments are crucial, Mr. Chair—allow me to explain.

Currently, the Criminal Code contains strong counter-terrorism financing provisions.

Specifically, under paragraph 83.03(b), it is prohibited to directly or indirectly provide or make property available knowing it could be used by or will benefit a terrorist group.

These provisions are having a significant impact on Canada's ability to deliver aid and other forms of international assistance, namely in Afghanistan.

That is because the de facto authority in Afghanistan is currently a terrorist group—the Taliban—and the delivery of such aid would inevitably benefit them, through taxation and other fees.

As a result, Canadian organizations, including departments of the Government of Canada, risk inadvertently breaking the law if they attempt to provide aid within Afghanistan.

As my colleagues know, Mr. Chair, innocent Afghans are suffering while their country is in crisis.

As violence and conflict continue, citizens are in need, and their lives are at risk.

They require help with such basic aspects of life as food, health care, shelter, protection, and education.

It is vital that Canada continue to provide international assistance in Afghanistan.

In order to facilitate this, and ensure the delivery of aid efforts in other geographic areas that may be controlled by terrorist groups, the proposed amendments to the Criminal Code are critical.

They would allow eligible persons and organizations to be granted authorizations that would shield them from criminal liability for specified activities, for select purposes, in a geographic area that is controlled by a terrorist group.

The authorizations would also cover implementing partners or service providers involved in the delivery of the permissible activities.

This includes the delivery of aid, in addition to support services related to immigration, including resettlement efforts and safe passage activities.

Bill C-41 would also make consequential amendments to other acts: for example, the Canada Business Corporations Act, as well as the Income Tax Act and Excise Tax Act, to permit the Canada Revenue Agency to share taxpayer information for security assessments.

Applications for an authorization would be accepted from persons in Canada, Canadians outside Canada, and Canadian organizations.

I would note that the authorization regime would not be restricted to Afghanistan, but would apply to any geographic area controlled by a terrorist group in order to be able to respond to similar situations.

Under this authorization regime, I, as the Minister of Public Safety, would consider applications that have been referred by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship, who would first need to be satisfied that certain conditions were met.

Conditions for referral require that the application meets certain requirements, including that the proposed activities will occur in an area controlled by a terrorist group, that they will be carried out for one or more of the specified purposes, and that they will respond to a real and important need.

Moreover, the referring Minister would also need to be satisfied that the applicant is capable of administering funds in high-risk environments, and effectively reporting on that administration.

Once a referral has been received, the national security community would conduct a security review to assess the impact of granting the authorization on terrorism financing.

Factors to be considered include whether the applicants or those involved in implementing the proposed activities have links to terrorist groups or were investigated for having committed, or charged with, a terrorism offence.

The authorization could be granted once I am satisfied that there is no practical way of undertaking the proposed activity without a risk of terrorist financing, and that the benefits of the proposed activity outweigh the risk of terrorist financing.

The benefit / risk assessment will be determined by considering the referral received from the Minister of Foreign Affairs or the Minister of Immigration, Refugees and Citizenship, the security review findings, measures to mitigate risk, and any other factors considered appropriate.

If an application is refused, those applicants would be able to seek recourse through a judicial review.

Authorizations would be granted for a period of up to five years and would apply to any person or organization involved in carrying out the authorized activity.

Authorizations may also be subject to additional security reviews and would be eligible for renewal.

Granted or renewed authorizations may also be amended, revoked, suspended or restricted in scope if, for example, the applicant fails to comply with the authorization and its requirements or where the Minister of Public Safety is no longer satisfied that the benefit of the activity outweighs the risk.

Mr. Chair, allow me to summarize the process:

Government of Canada departments and agencies would provide assistance to support decision-making regarding the issuance of an authorization.

A number of departments and agencies will be involved in this, as I've mentioned, including the Canadian Security Intelligence Service, the RCMP, the Communications Security Establishment, and the Canada Revenue Agency.

In order to ensure that the authorization regime is held accountable, as Minister of Public Safety, I would provide an annual report on the operation of the regime and conduct a comprehensive review within five years of the Bill's coming into force.

Mr. Chair, I am confident that this Bill is timely, sensible and thorough.

As always, today and throughout our history, Canada is committed to helping our global community.

That includes Afghans in need, and people of any country who are vulnerable to suffering.

Bill C-41 is critical to helping those in crisis, and would help address immediate needs in Afghanistan.

Thank you, Mr. Chair.

I look forward to answering the committee's questions.

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