Parliamentary Committee Notes: Measures to Hold the Iranian Regime Accountable
Issue:
Listing Iran’s Islamic Revolutionary Guard Corps as a terrorist entity.
Proposed Response:
- Canada is committed to holding the Iranian regime accountable for its actions that support terrorism and for its gross and systematic violations of human rights.
- Canada takes the threat of terrorism very seriously and continues to explore all possible measures to constrain the activities of the Iranian Regime. Canada also continues to use of a combination of terrorist listings and sanctioning authorities to target a network of non-state actors serving as proxies for Iran.
- On November 14, 2022, Canada designated the Islamic Republic of Iran as a regime that has engaged in terrorism and systematic and gross human rights violations. As a result, under the Immigration and Refugee Protection Act, or IRPA, tens of thousands of prominent Iranian government officials, including top IRGC members, are now permanently inadmissible to Canada. In addition to being banned from entering Canada, current and former senior officials present here may be investigated and removed from the country.
- Moreover, to date, Canada has sanctioned 442 Iranian individuals and entities under the Special Economic Measures (Iran) Regulations (SEMA). Since October 2022, Canada has imposed 16 rounds of SEMA sanctions targeting 153 individuals and 87 entities at all levels of Iran’s security, intelligence, and economic apparatus. These measures effectively freeze any assets the listed individuals and entities may hold in Canada.
- Additionally, Iran continues to be designated as a state supporter of terrorism under the State Immunity Act. This listing, together with the Justice for Victims of Terrorism Act, permits victims to bring civil actions against Iran for losses or damages relating to terrorism.
- With respect to listing the Iranian Islamic Revolutionary Guard Corps, or IRGC, as a terrorist entity, determining whether to designate an entity is the result of a rigorous, cross-government process based on evidence, intelligence, and the law. While I cannot disclose which entities are being considered for listing, I want to emphasize that the Criminal Code terrorist listing regime is just one of the mechanisms available to the Government of Canada for responding to Iran’s egregious behaviour.
- It is worth noting that Canada has taken a number of actions, including listing the IRGC’s Qods Force, who is responsible for providing arms, funding and training to other terrorist groups. The Government continues to list a number of these terrorist entities including Hizballah, Hamas, the Palestinian Islamic Jihad, the Taliban, Al-Ashtar Brigades, the Fatemiyoun Division, and Harakat al-Sabireen.
- And let me assure you, colleagues, that the listing of entities is an ongoing process and that Government officials continue to assess all groups, including the IRGC, and monitor any new developments.
Background:
On June 13, 2018, the House of Commons adopted an Opposition motion which called on the Government to, among other things, immediately designate the Islamic Revolutionary Guard Corps (IRGC) as a terrorist entity under the Criminal Code. The downing of Ukraine International Airlines Flight PS752 by an Iranian missile in January 2020 refocused calls for the IRGC to be listed under the Criminal Code. In January 2024, during a ceremony commemorating the victims of Flight PS752, Prime Minister Justin Trudeau confirmed that the Government is looking at ways to hold the Iranian Regime accountable and will continue to look for ways to responsibly list the IRGC as a terrorist entity.
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.
The Minister of Public Safety may recommend to the Governor in Council that individuals or groups be 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).
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 (QF) and other Iranian proxies (the Taliban, Hizballah, Hamas, Al-Ashtar Brigades, The Fatemiyoun Division, and Harakat al-Sabireen) as terrorist entities under the Criminal Code.
Moreover, Canada imposes vigorous sanctions against the Iranian regime and its leadership under the Special Economic Measures Act (SEMA). To date, Canada has sanctioned 442 Iranian individuals and entities under SEMA. Since October 2022, Canada has imposed 16 rounds of SEMA sanctions targeting 153 individuals and 87 entities at all levels of Iran’s security, intelligence, and economic apparatus. Sanctions explicitly target the IRGC, its branches, and its leadership, by prohibiting certain dealings with these individuals and entities.
On June 23, 2022, new amendments came into force providing the authorities for the seizure, forfeiture, disposal and redistribution of assets that have already been effectively frozen under the SEMA and the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA). Under Canada’s legislation, proceeds from sold forfeited assets may be used for: the reconstruction of a state adversely affected by a grave breach of international peace and security; the restoration of international peace and security; and the compensation of victims.
On November 14, 2022, Canada designated the Islamic Republic of Iran as a regime that has participated in systematic and severe breaches of human rights. As a result, under the Immigration and Refugee Protection Act (IRPA), tens of thousands of prominent Iranian government officials are now permanently inadmissible to Canada, including heads of state, top IRGC members, intelligence operatives, senior government officials, diplomats, and judges.
Should Bill S-8, an Act to amend the Immigration and Refugee Protection Act, becomes law, it will align the IRPA with SEMA to ensure all foreign nationals subject to sanctions under SEMA will also be inadmissible to Canada.
Since September 7, 2012, Iran is listed in Canada as a state supporter of terrorism under the State Immunity Act. As a result, Iran’s immunity from civil proceedings was lifted in relation to its terrorist activity or support for terrorism. Known Iranian assets in Canada, with the exception of diplomatic properties, were 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).
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