e-4820 (Foreign affairs)

Canada remains unwavering in its commitment to employ all appropriate means to hold Russia to account for its actions, including war crimes committed in Ukraine.

Following Russia’s illegal occupation and attempted annexation of Crimea in March 2014, in tandem with partners and allies, the Government of Canada enacted a series of sanctions under the Special Economic Measures Act (SEMA). through which Canada has sanctioned over 3,000 individuals and entities complicit in the violation of Ukraine’s sovereignty and territorial integrity. This includes senior Russian officials, including Vladimir Putin, all parliamentarians who voted for annexation of Ukrainian territory, financial elites, oligarchs and their family members and associates, and entities in the energy, defence and financial sectors. 

Canada has also imposed numerous economic measures to increase economic pressure on the Putin regime and its allies. Canada has imposed import prohibitions on luxury goods like diamonds, caviar, gold, as well as Russian oil and gas, aluminum and steel products and firearms. Export prohibitions include specific goods that can be used to manufacture weapons, advanced technologies, luxury goods like diamonds, and goods that can be used in mining and oil drilling. Canada has imposed a full trade embargo on the Russian-occupied territory of Ukraine and limited Russia’s ability to access the global financial system and Canada’s capital and financial markets. Canada prohibited all entrance/docking of Russian marine vehicles, imposed an Oil Price Cap on maritime-transported Russian oil and petroleum products and banned Russia Today and Russia Today France, known Russian disinformation agents, from broadcasting in Canada. Canada prohibited the direct import of diamond and diamond-related products originating from Russia, in-line with G7 commitments.  The Government has used other economic tools at its disposal, closing Canada’s airspace to Russian aircraft and revoking Russia’s and Belarus’ Most Favoured Nation status, applying a 35% tariff on virtually all imports. 

Canada has advocated to hold Russia accountable for its atrocities and crimes, both internationally and domestically.  Canada is supporting international accountability efforts, including the investigation by the International Criminal Court (ICC), the Independent International Commission of Inquiry established by the United Nations Human Rights Council, and expert investigations under the Organization for Security and Cooperation (OSCE) Moscow Mechanism. Canada increased the number of Royal Canada Mounted Police (RCMP) deployments to 10 officers to support the ICC’s investigations and is providing $2 million to an ICC Trust Fund to increase the Court’s capacity to investigate sexual and gender-based crimes and crimes against children. Canada has also allocated $9.7 million to support accountability for human rights violations in Ukraine, with a particular emphasis on cases of conflict-related sexual and gender-based violence.

Alongside the Netherlands, Canada has intervened in support of Ukraine’s case against Russia at the International Court of Justice under the Genocide Convention. The Court will now adjudicate whether Russia has wrongly accused Ukraine of genocide.

Furthermore, during his February 2024 visit to Kyiv, the Prime Minister of Canada and Ukrainian President Volodymyr Zelenskyy signed an Agreement on Security Cooperation between Canada and Ukraine. This politically binding bilateral strategic security partnership fulfills the 2023 G7 Joint Declaration of Support for Ukraine and is valid for 10 years. The Agreement serves to match Canadian capabilities with Ukrainian needs, including ensuring a sustainable Ukrainian force to defend against current and future Russian aggression, as well as strengthening Ukraine's economic stability and resilience. The Agreement outlines that Canada will provide $3.02 billion in macroeconomic and military assistance to Ukraine in 2024. Further, the Agreement focuses on Canada’s own strengths and areas of interest, with a notable emphasis on demining, disinformation cooperation, and Women, Peace and Security.

Canada was also the first, and remains the only, G7 country to adopt authorities that enable the government to seize and forfeit private property in Canada that is owned, held or controlled by individuals or entities which are sanctioned by Canada. Proceeds of forfeiture may be used to restore international peace and security, to compensate victims of human rights abuses, or to reconstruct states that have been adversely impacted by a grave breach of international peace and security. Canada will make full use of these authorities with a view to support the victims of Russia’s unprovoked aggression against Ukraine.

With respect to the State Immunity Act (SIA), it only allows listing in very specific circumstances. The legal criteria for listing do not cover acts of human rights abuses by a military or atrocity crimes, which are covered by other Canadian legislation, such as the Crimes against Humanity and War Crimes Act.  A state may only be considered for listing under the SIA if there are reasonable grounds to believe the state has provided support to a terrorist entity listed under the Criminal Code. In the SIA, “support” is specifically defined as an act or omission committed in relation to a listed terrorist entity that, had it been committed in Canada, would be punishable under specific counterterrorism provisions of the Criminal Code. The SIA provisions work together with the Justice of Victims of Terrorism Act to lift state immunity to enable victims of terrorism, who have substantial connection to Canada, to sue for loss or damages resulting from an act of terrorism by a listed state.

The Minister of Foreign Affairs has condemned war crimes committed by Russian forces in Ukraine.  Both the Independent International Commission of Inquiry on Ukraine, which was established by the UN Human Rights Council, and the expert investigations under the OSCE Moscow Mechanism have found that some of Russia’s actions in Ukraine may amount to crimes against humanity. Canada continues to use measures under Canadian and international law to bring appropriate consequences to Russia. The Minister will continue to regularly rebut Russian false claims surrounding the invasion and active conflict. Russia’s blatant disregard for the territorial integrity of a sovereign nation is a threat to regional and global security and cooperation. Canada will continue to work with its international partners to ensure that violations of international law in Ukraine are investigated, that evidence is gathered, and that perpetrators are held accountable.