Parliamentary Committee Notes: Opening Remarks
Good afternoon/evening.
Mr. Chair, honourable members of the committee and Senators, 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.
This bill would create an exemption for the delivery of life-saving humanitarian assistance activities, and would facilitate the delivery of certain other types of international assistance in geographic areas controlled by a terrorist group.
These amendments are desperately needed in countries like Afghanistan, where millions need help following the Taliban’s recent return to power.
Senators, I know we are all aware of the challenges that Afghan citizens are facing, and have faced some 40 years of conflict.
We all see the headlines on any given day:
“Afghan women in mental health crisis over bleak future.”
“Afghanistan’s food crisis could have been avoided.”
“Taliban continue their war on education.”
As Canadians, and as Parliamentarians, our instinct is to help.
Frustratingly, this is not always straightforward.
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.
In other words, because the de facto authority in Afghanistan— the Taliban—are a terrorist group, the delivery of aid would inevitably benefit them, through taxation and other fees…
…Meaning any Canadian organization, including a department of the Government of Canada, that attempts to provide aid within Afghanistan risks breaking the law.
Mr. Chair, innocent Afghans are suffering.
Their lives are at risk.
As the headlines I just mentioned would indicate, they require help with such basic aspects of life as food, health care, shelter, protection, and education.
And disturbingly, situations like these exist in many other regions, too.
It is therefore vital that Canada continue to provide international assistance and immigration services such as safe passage not just in Afghanistan, but in any geographic area that may be controlled by terrorist groups.
In order to facilitate this, the proposed amendments to the Criminal Code are critical.
As I mentioned, the House of Commons amended Bill C-41 to create a humanitarian assistance exemption from the terrorist financing offences in section 83.03 for the sole purpose of carrying out humanitarian assistance activities conducted by impartial humanitarian organizations in accordance with international law.
In addition to this exemption, Bill C-41 would allow eligible persons and organizations to be granted authorizations that would shield them from criminal liability for certain other specified development assistance 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 certain types of aid such as health and educational services and human rights programming, 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 humanitarian assistance exemption and the authorization regime would not be restricted to Afghanistan.
It would apply to any geographic area controlled by a terrorist group in order to be able to respond to similar situations.
Mr. Chair, in order to reduce the burden on humanitarian actors, Bill C-41 was amended in the House to create an exemption from the terrorist financing offence in section 83.03 for humanitarian assistance activities being delivered by impartial humanitarian organizations.
This exemption removes the burden of applying for an authorization for those organizations and removes the associated wait time during processing.
If the impartial humanitarian organizations’ activities fall solely under humanitarian assistance, this carve-out would apply to them.
This is intended to address the urgency of humanitarian crises in Afghanistan and elsewhere.
Bill C-41 was further amended in the House to assist organizations who are looking to apply for an authorization to carry out the other forms of international assistance covered in the authorization regime.
Now, they will not have to determine themselves which geographic areas are controlled by a terrorist group.
The amended bill would instead put this requirement on the Government and would that require that I, as the Public Safety Minister, provide written information as to whether an authorization is required, at the request of an applicant.
This amendment considers the dynamic nature of terrorism and allows for the most up-to-date assessment of terrorist groups and their control of geographic areas.
In addition to the humanitarian assistance exemption, Bill C-41 provides for the implementation of a regime that would authorize a range of other permissible activities.
Those would include activities intended to support the longer-term sustainability of vulnerable populations, including the need to support women and girls and their safe and meaningful participation in society.
It also enables activities to support immigration processing for Afghans seeking to leave dangerous situations.
Under this authorization regime, as the Minister of Public Safety, I 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.
Once a referral has been received, the national security community would conduct a security review to assess the impact of granting the authorization on terrorist 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 the Minister of Public Safety is 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.
Bill C-41 was amended by the House to explicitly allow for an amicus curiae to participate in private proceedings and to review evidence.
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.
And if an application is refused, those applicants would be able to reapply after 30 days.
This was amended by the House to shorten the original 180-day re-application waiting period.
Amendments to the original Bill after the Justice Committee review explicitly restricted the use of applicant information for the purposes of the authorization request or its renewal, or the administration and enforcement of the regime.
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 the first year of the Bill’s coming into force.
This provision was amended by the House to require that it occur within the first year (from the fifth year) of this section’s coming into force, and every five years thereafter.
The amendment also requires that the comprehensive review of the operations of the authorization regime identify deficiencies, a plan to rectify them and a timeframe.
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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