Public Safety Canada shares publication discussing humanitarian exception added by Bill C-41
Canada’s Department of Public Safety and Emergency Preparedness has released a 2024 annual report addressing the procedures provided by the anti-terrorist financing provisions in the Criminal Code, 1985, and the recent operations of the authorization regime established under Bill C-41.
In its report, Public Safety Canada said the anti-terrorism financing provisions help support Canada’s work to combat the evolving threat of terrorism, tackle domestic security considerations, and comply with its international obligations to prevent and suppress terrorist financing.
However, the department noted that the Taliban takeover of Afghanistan in 2021 showed how these provisions can restrict the efforts of the federal government, Canada’s charities, not-for-profit organizations, banks, and civil society to extend international assistance in areas controlled by terrorist groups.
The department said this incident sparked legislative change through Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts.
According to Public Safety Canada, Bill C-41 established an authorization regime, which aimed to:
The department, alongside its partners and agencies, commenced the authorization regime on June 19, 2024. To promote accountability, the legislation requires Canada’s public safety minister to publish an annual report on the regime’s operations for the preceding year.
The 2024 annual report – which covers the period from Jan. 1, 2024, to Dec. 31, 2024 – addressed:
The report shared that the federal government has accepted 14 applications for authorizations thus far, 12 of which were received last year. Four came from external applicants, while 10 were government-sponsored.
“The proposed activities fell primarily under health and education services, followed by livelihood supports and human rights programming, and other Government operations,” the report said. “Overall, applications involved activities to be conducted in the geographic areas of Afghanistan, Gaza, and Syria.”
The department noted that the authorization regime can apply to and potentially benefit other areas around the globe controlled by terrorist groups, rather than being restricted to Canada. The department acknowledged that the current global environment includes geopolitical developments, heightened volatility, and a rising number of terrorist groups.
In June 2023, Bill C-41 amended the Criminal Code to add an exception for humanitarian assistance activities, which took effect when the legislation received royal assent.
According to the department, the humanitarian exception seeks to support humanitarian assistance activities delivered by humanitarian organizations under international law, with organizations needing to expend reasonable efforts to minimize any benefit to terrorist groups in the area.
Public Safety Canada explained that someone charged or prosecuted for committing certain terrorist financing offences regarding their delivery of urgent, life-saving assistance activities can invoke the humanitarian exception as a defence.
In its report, the department noted the lack of a mechanism for tracking the total funding devoted to Canadians or Canadian organizations benefited by the humanitarian exception, given that the exception automatically applies to activities falling under the criteria and lacks an application process.
