441-01582 (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 the full-scale invasion of Ukraine last year, Canada has used a broad range of tools to respond to Russia’s illegitimate and illegal actions. Canada has imposed an unprecedented number of severe and hard-hitting sanctions against Russia in response to its invasion of Ukraine. Under the Special Economic Measures Act, and since 2014, Canada has sanctioned over 2,600 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.

As part of a wider effort to hold Russia accountable for its atrocities and crimes Canada has advocated for international and domestic Ukraine accountability efforts and provided tangible support to the latter. This includes the investigation by the International Criminal Court (ICC), the Commission of Inquiry established by the UN Human Rights Council, and expert investigations under the OSCE Moscow Mechanism. Canada increased the number of 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 improve accountability for human rights violations in Ukraine, with a particular emphasis on cases of 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 this case in December 2022, which the Court decided was admissible in its order dated June 5, 2023.

In addition, Canada recently 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.

Regarding state supporters of terrorism, the State Immunity Act, 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. Atrocity crimes are covered by other Canadian legislation, such as the Crimes against Humanity and War Crimes Act.

Canada was the first G7 country to adopt new authorities to allow the government to seize and forfeit the assets of sanctioned individuals or entities in 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, and has regularly rebutted Russia’s false claims.

Canada will continue to work with its allies to hold Russia accountable for its actions and to support the people of Ukraine.