WHEREAS the Canadian Bar Association (CBA) has engaged with Global Affairs Canada (GAC) to advocate for greater predictability and transparency in the application of sanctions, including requests for public guidance on Canadian sanctions;

WHEREAS limited public guidance provided by GAC- on sanctions risks undermining the sanctions regime, which imposes significant consequences such as entry restrictions, financial barriers, and property seizure for listed individuals and entities;

WHEREAS public guidance allows Canadian individuals and entities to effectively set up compliance plans and procedures, and enhances the integrity and effectiveness of the sanctions regime;

WHEREAS Canada’s allies provide detailed policy guidance to ensure sanctions are effective, and principles of justice and procedural fairness require timely and transparent explanations for listing individuals or entities under Canada’s economic sanctions regime;

BE IT RESOLVED THAT the CBA urge GAC and the Minister of Foreign Affairs to:

• Provide comprehensive guidance on the interpretation and application of economic sanctions, addressing the issues identified by the CBA Section of International Law's (as appended herein);
• Provide timely responses to sanctions permit applications, and institute service standards for responding to complete permit applications;
• Provide publicly available reasons for listing individuals or entities under Canadian sanctions, including references to any open-source information relied upon and sufficient details to enable the effective use of review mechanisms available under Canadian sanctions law;
• Respond to delisting applications within the statutory timeframe, and where there is no statutory timeframe, within a reasonable administrative timeframe; and
• Provide transparent public reporting on sanctions activities, including i) the number of permit applications received, granted and denied, ii) the number of delisting requests received, granted and denied and iii) Court proceedings relating to sanctions.

Moved by International Law, Business Law, Commodity Tax, Customs and Trade and the Competition Law and Foreign Investment Review Sections

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