Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness that Each Listed Entity Remain a Listed Entity: SI/2021-38

Canada Gazette, Part II, Volume 155, Number 14

Registration
SI/2021-38 July 7, 2021

CRIMINAL CODE

Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness that Each Listed Entity Remain a Listed Entity

P.C. 2021-631 June 24, 2021

Whereas, pursuant to subsection 83.05(8.1) footnote a of the Criminal Code footnote b, the Minister of Public Safety and Emergency Preparedness has completed a review of each entity set out in the annexed schedule and listed in the Regulations Establishing a List of Entities footnote c, made pursuant to subsection 83.05(1) footnote d of that Act, and has determined that there are still reasonable grounds, as set out in subsection 83.05(1)d of that Act, for each entity to remain a listed entity;

And whereas, pursuant to subsection 83.05(1)footnote d of that Act, the Administrator in Council is satisfied, on the recommendation of that Minister, that there are reasonable grounds to believe that each listed entity set out in the annexed schedule is an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or that has knowingly acted on behalf of, at the direction of or in association with such an entity;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness made pursuant to subsection 83.05(8.1)footnote a of the Criminal Code footnote b, accepts the recommendation that each listed entity set out in the annexed schedule remain a listed entity.

SCHEDULE

Listed Entities Reviewed by the Minister

Al Qaida (also known among other names as Al Jihad (AJ), Egyptian Islamic Jihad (EIJ), Vanguards of Conquest (VOC), Islamic Army, Islamic Salvation Foundation, The Base, Group for the Preservation of the Holy Sites, Islamic Army for the Liberation of the Holy Places, World Islamic Front for Jihad Against Jews and Crusaders, Usama Bin Ladin Network, Usama Bin Ladin Organization and Qa’idat al-Jihad)

Asbat Al-Ansar (AAA) (“The League of Partisans”) (also known among other names as God’s Partisans, Gathering of Supporters, Partisan’s League, Osbat Al Ansar, Usbat Al Ansar, Esbat Al-Ansar, Isbat Al Ansar, Usbat-ul-Ansar, Band of Helpers, Band of Partisans and League of the Followers)

Euskadi Ta Askatasuna (ETA) (also known among other names as Basque Homeland and Liberty, Euzkadi Ta Azkatasuna, Euzkadi Ta Askatasuna, Basque Nation and Liberty, Basque Fatherland and Liberty and Basque Homeland and Freedom)

Hamas (Harakat Al-Muqawama Al-Islamiya) (“Islamic Resistance Movement”)

Hizballah (also known among other names as Hizbullah, Hizbollah, Hezbollah, Hezballah, Hizbu’llah, The Party of God, Islamic Jihad (Islamic Holy War), Islamic Jihad Organization, Islamic Resistance, Islamic Jihad for the Liberation of Palestine, Ansar al-Allah (Followers of God/Partisans of God/God’s Helpers), Ansarollah (Followers of God/Partisans of God/God’s Helpers), Ansar Allah (Followers of God/Partisans of God/God’s Helpers), Al-Muqawamah al-Islamiyyah (Islamic Resistance), Organization of the Oppressed, Organization of the Oppressed on Earth, Revolutionary Justice Organization, Organization of Right Against Wrong and Followers of the Prophet Muhammed)

Jaish-e-Mohammed (JeM) (also known among other names as Jaish-i-Mohammed (Mohammad, Muhammad, Muhammed), Jaish-e-Mohammad (Muhammed), Jaish-e-Mohammad Mujahideen E-Tanzeem, Jeish-e-Mahammed, Army of Mohammed, Mohammed’s Army, Tehrik Ul-Furqaan, National Movement for the Restoration of Pakistani Sovereignty and Army of the Prophet)

Palestinian Islamic Jihad (PIJ) (also known among other names as Harakat al-Jihad al-Islami fi Filistin, Saraya Al-Quds (The Jerusalem Brigades), Al-Quds Brigades, Islamic Jihad, Palestine Islamic Jihad – Shaqaqi Faction, Palestinian Islamic Jihad – Shaqaqi, PIJ – Shaqaqi Faction, PIJ – Shallah Faction, Islamic Jihad of Palestine, Islamic Jihad in Palestine, Abu Ghunaym Squad of the Hizballah Bayt Al-Maqdis, Al-Quds Squads, Al-Awdah Brigades, Islamic Jihad Palestine (IJP), Islamic Jihad — Palestine Faction and Islamic Holy War)

Popular Front for the Liberation of Palestine (PFLP) (Al-Jibha al-Sha’biya lil-Tahrir Filistin) (also known among other names as Halhul Gang, Halhul Squad, Palestinian Popular Resistance Forces, PPRF, Red Eagle Gang, Red Eagle Group, Red Eagles and Abu Ali Mustafa Brigades)

Popular Front for the Liberation of Palestine — General Command (PFLP-GC) (Al-Jibha Sha’biya lil-Tahrir Filistin-al-Qadiya al-Ama)

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

In order to fulfill their statutory duties under the Criminal Code, periodically, the Minister of Public Safety and Emergency Preparedness (the “Minister”) must review, pursuant to the Criminal Code, the entities listed in the Regulations Establishing a List of Entities and make a recommendation to the Governor in Council as to whether there are still reasonable grounds for an entity to be a listed entity.

This Order accepting the Minister’s recommendation pursuant to subsection 83.05(8.1) of the Criminal Code is required for the Governor in Council to accept the Minister’s recommendation that the reviewed entities should remain listed.

Objective

The National Security Act, 2017 amended the Criminal Code terrorist listings provisions to oblige the Minister to review whether there are still reasonable grounds, as set out in subsection 83.05(1) of the Criminal Code, for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity

The Minister has reviewed nine entities and determined that there are still reasonable grounds for each to remain listed.

Following the Minister’s statutory review on whether there are still reasonable grounds for an entity to be listed, the Governor in Council must decide whether to accept the Minister’s recommendation as to whether the entity should remain on the list.

Background

On December 18, 2001, the Anti-terrorism Act received royal assent, amending the Criminal Code to allow the Government of Canada to create a list of terrorist entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Minister, establish a list of entities if the Governor in Council is satisfied that there are reasonable grounds to believe that the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or has knowingly acted on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity.

An entity is defined in the Criminal Code as a person, group, trust, partnership or fund or an unincorporated association or organization. A listed entity is included in the definition of “terrorist group” in the Criminal Code; therefore, offences applicable to terrorist groups apply to these entities. However, unlike terrorist groups that are not listed, a prosecution related to a listed entity does not require the Crown to demonstrate that the entity meets the definition of “terrorist group” as set out in paragraph (a) of that definition, namely that the entity has as one of its purposes or activities facilitating or carrying out any terrorist activity.

The Criminal Code provides for a thorough and fair mechanism for reviewing the listing of an entity. A listed entity may apply to the Minister requesting that it no longer be a listed entity. In such cases, the Minister would determine whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. The entity may have the decision reviewed by the Federal Court.

Implications

Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the Royal Canadian Mounted Police and the Canadian Security Intelligence Service the existence of any property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group.

In addition, bodies that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must also report the information to the Financial Transactions and Reports Analysis Centre of Canada. The costs to banks, financial institutions, and individuals in meeting these requirements are not significant, due in large part to the existence of electronic banking systems; however, there are significant benefits for the security of Canada and Canadians.

Consultation

No public consultation was undertaken.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613‑944‑4875 or 1‑800‑830‑3118