Ottawa – Canada has a deep and longstanding commitment to the people of Afghanistan. In the face of a unique and dire situation, Canada’s Criminal Code needed changes to allow international assistance, most importantly humanitarian aid, to reach vulnerable Afghans. Newly passed legislation will enable Canadian organizations to deliver this assistance, while maintaining our strong anti-terrorism laws and protections.
Marco Mendicino, Minister of Public Safety, today announced that legislation to facilitate humanitarian aid to Afghanistan – as well as immigration activities and other government operations – has received Royal Assent and is now in effect. Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, makes important changes to the Criminal Code to allow desperately needed aid to be delivered by Canadian organizations in Afghanistan, as well as and other geographic areas controlled by a terrorist group.
At present, the Criminal Code’s anti-terrorist financing provisions inadvertently place significant constraints on the delivery of assistance. The new legislation addresses this by providing an exception for the delivery of humanitarian assistance by impartial humanitarian organizations operating under international law in geographic areas controlled by terrorist groups, including Afghanistan. Those who receive an authorization (and respect its terms) are shielded from the risk of criminal liability when carrying out authorized activities. Stringent measures to prevent any financing from reaching terrorist groups remain in place.
The authorization regime provides for a wider range of activities, including health services, education, assisting individuals in earning a livelihood, promoting human rights, and conducting immigration activities like the resettlement and the safe passage of refugees. Stakeholder briefings to provide details on implementation of the authorization regime will follow in the coming weeks.
These changes to the Criminal Code support Canada’s deep commitment to the people of Afghanistan, while upholding our domestic and international obligations to combat terrorism. We are joining our allies in fulfilling obligations contained in United Nations Security Council Resolution 2615 by facilitating the delivery of humanitarian assistance to vulnerable people in Afghanistan while ensuring that authorized activities are not under risk of criminal liability.
“Canada’s commitment to the people of Afghanistan did not end with the fall of Kabul. Whether providing aid or welcoming refugees, we are there for vulnerable Afghans – while always strongly condemning the Taliban’s violence, misogyny and disregard for human rights. This legislation ensures we can keep making good on our commitment, while respecting Canadian law and standing strong against terrorism.” – Marco Mendicino, Minister of Public Safety
“Millions of people in Afghanistan are facing a terrible humanitarian disaster. We have also witnessed the steady deterioration of democracy, human rights, education and health in the country. The Royal Assent of C-41 means that urgent help will continue to reach those who need it most and that Afghans can restart to build a better future for themselves.” – Harjit S. Sajjan, Minister of International Development and Minister responsible for the Pacific Economic Development Agency of Canada
“New measures remove a key barrier to supporting the safe passage of Afghans who are seeking to escape war and start anew in Canada. By easing the constraints on organizations that provide vital support, we are able to substantially increase our efforts in ensuring safety and humanitarian aid for thousands of individuals. We look forward to having more Afghans join the more than 33,000 vulnerable Afghans who have already made Canada their new home as we work towards welcoming at least 40,000 by the end of this year.” – Sean Fraser, Minister of Immigration, Refugees and Citizenship