e-4145 (Foreign affairs)

1. Immediately list Iran's Islamic Revolutionary Guard Corps (IRGC) as a terrorist entity

The Government of Canada remains deeply concerned by the developments in Iran. The Iranian regime’s lethal response to the women, girls and other nonviolent demonstrators once again shows Iran’s systematic disregard for human rights. Canada is committed to holding Iran accountable for its actions and has multiple measures in place against the Iranian state and the Islamic Revolutionary Guards Corps (IRGC).

On November 14, 2022, Canada designated the Islamic Republic of Iran as a regime that has engaged in terrorism and in systematic breaches of human rights under the Immigration and Refugee Protection Act (IRPA). Senior Iranian officials, including the IRGC leadership and its top leaders—estimated to be more than 10,000 officers and senior members—will be forever rendered inadmissible to Canada for their engagement in terrorism and systemic and gross human rights violations. This measure has only been used in the most serious circumstances against regimes conducting war crimes or genocide. In addition to being banned from entering Canada, current and former senior officials who are currently in the country may be investigated and deported.

Furthermore, Canada already has in place some of the toughest and most extensive sanctions on Iran in the world. These sanctions target IRGC branches as well as its senior leadership under the Special Economics Measures Act (SEMA)and include a dealings ban on designated individuals and entities. The Government took further steps against Iran and since October 2022 imposed sanctions on additional 86 individuals and 28 entities, bringing the total to 125 individuals and 186 entities listed under SEMA. As a result, all listed individuals’ and entities’ assets in Canada are effectively frozen.

Canada also continues to list Iran as a State Supporter of Terrorism under the State Immunity Act. This designation, together with the Justice for Victims of Terrorism Act, allows victims to bring civil actions against Iran for losses or damages relating to terrorism.

With respect to adding the IRGC as a terrorist entity under the Criminal Code, it is worth mentioning that listing is just one of the tools at the Government’s disposal. Canada has listed the IRGC-Qods Force and other Iranian proxies that have benefited from the Qods Force’s and the Iranian state’s patronage, including Hizballah, Hamas, the Palestinian Islamic Jihad, the Taliban, and three Iran-backed regional militias.

2. Deport from Canada any individual connected with the Iranian Government or the IRGC

The Canada Border Services Agency (CBSA) has a legal obligation to remove all foreign nationals that are inadmissible to Canada under the Immigration and Refugee Protection Act. The CBSA places the highest priority on the removal of individuals found inadmissible on the grounds of criminality, international or human rights violations, organized crime, or security.

Individuals ordered removed from Canada are entitled to due process before the law and all removal orders are subject to various levels of appeal, including judicial review at the Federal Court of Canada. Once all legal avenues have been exhausted, the CBSA has an obligation to remove those individuals under removal orders as soon as possible in order to ensure the protection and safety of Canada and the Canadian public.

The Minister of Public Safety may impose an Administrative Deferral of Removal (ADR) as a temporary measure to be used in situations of humanitarian crisis. The CBSA is actively monitoring the situation in Iran and has imposed an ADR on November 14, 2022. Individuals ordered removed on the basis of the aforementioned serious inadmissibilities do not benefit from the ADR and are expected to respect our laws and leave Canada or be removed. 

CBSA is committed to the fair and equitable application of Canada’s immigration laws.

3. Seize the Canadian assets of these individuals for sale and redistribution to the Canadian families of victims of the IRGC

All assets belonging to Iran of which the Government of Canada had knowledge were seized and sold in the previous Justice for Victims of Terrorism Act proceedings, from 2013 to 2017.

Canada continues to respect the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. The diplomatic and consular property of a listed state remains inviolable and protected under the relevant, aforementioned conventions and pursuant to Canada’s Foreign Missions and International Organizations Act. Embassies, consulates and diplomatic staff quarters continue to enjoy immunity, as do the bank accounts of embassies and consulates, even where diplomatic relations between the countries have been suspended.

Canada amended its sanctions legislation under the Special Economic Measures Act (SEMA) in October 2022. It has since implemented six rounds of sanctions targeting 86 individuals and 28 entities in the regime’s domestic repression, weapons proliferation, and propaganda apparatus. Since July 2010, under SEMA, Canada has sanctioned 127 Iranian individuals and 189 entities in Iran.