e-4631 (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.

Since Russia’s full-scale invasion of Ukraine February 24, 2022, Canada has used a broad range of tools to respond to Russia’s illegitimate and illegal actions. In coordination with international partners to ensure consistency and effectiveness, Canada has imposed an unprecedented number of severe and hard-hitting sanctions in response to Russia’s invasion of Ukraine. Under the Special Economic Measures Act, and since 2014, Canada has sanctioned over 2,900 individuals and entities in Russia, Belarus, Ukraine and Moldova. In addition, numerous measures have been imposed to increase economic pressure on the Putin regime and its allies. These measures include import and export prohibitions on a variety of goods and services, denying Russian ships access to Canadian waters and ports, removing Most Favoured Nation Status, and denying access to Canadian airspace to aircraft operated by or for the benefit of persons connected with the Russian Federation or Belarus.

Canada has advocated to hold Russia accountable for its atrocities and crimes, both internationally and domestically.  Canada is supporting the investigation by the International Criminal Court (ICC), the Commission of Inquiry established by the UN 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.

On July 4, 2023, Canada and the Netherlands filed joint written observations on the jurisdiction of the International Court of Justice in Ukraine’s case against Russia, in which Ukraine seeks to establish that Russia has no lawful basis to take military action in Ukraine on the basis of unsubstantiated allegations of genocide. This filing follows the joint declaration of intervention put forth by Canada and the Netherlands in December 2022, which the Court ruled on February 2, 2024, to be able to move forwards. In addition, in February 2023, Canada joined the Atrocity Crimes Advisory Group for Ukraine (ACA) alongside the United States, United Kingdom, and European Union. The ACA will directly support the efforts of the War Crimes Units of the Office of the Prosecutor General of Ukraine to document, preserve, and analyze evidence of war crimes and other atrocities committed in Ukraine.

On February 24, 2024, during a visit to Kyiv, the Prime Minister of Canada and President 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.

The State Immunity Act (SIA) is a narrowly defined legal instrument. A state may be considered for listing if there are reasonable grounds to believe the state has provided “support” to a terrorist entity listed under the Criminal Code. “Support” is 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. This legislation, together with the Justice of Victims of Terrorism Act, lifts state immunity to allow victims of terrorism, who have substantial connection to Canada, to sue for loss or damages resulting from an act of terrorism by the listed state. 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.

Canada was also the first G7 country to adopt new authorities that enable the government to seize and forfeit 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 new authorities with a view to support the victims of Russia’s unprovoked aggression.

The Minister of Foreign Affairs has stated that events in Ukraine constitute war crimes and possible crimes against humanity - in line with UN Commission of Inquiry on Ukraine findings – and Canada continues to use measures under Canadian and international law to bring appropriate consequence to Russia. The Minister has regularly, and will continue to, 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 hold Russia accountable, in accordance with international law and our respective domestic frameworks.