|
|
____________________________________________________________
Sanctions:
None applicable
For information on Canadian Economic sanctions currently in
place please visit the following link: -
http://www.international.gc.ca/sanctions/index.aspx?view=d
____________________________________________________
Offshore Jurisdiction Blacklist:
Information unavailable.
____________________________________________________
US State Department Money Laundering Report - 2012:
Money laundering activities in Canada are primarily a product of
illegal narcotics, psychotropic substances, or chemical
precursors. In the UN’s 2009 and 2011 World Drug Reports,
Canada is cited as the leading supplier of ecstasy in North
America as well as a major producer and shipper of
methamphetamine for markets around the world. The criminal
proceeds laundered in Canada derive primarily from domestic
activity which is controlled by drug trafficking organizations and
organized crime.
Canada does not have a significant black market for illicit or
smuggled goods. Cigarettes are the most commonly smuggled
good in the country. There are indications that trade-based
money laundering occurs in the jurisdiction. There is no certainty
that this activity is tied to terrorist financing activity.
For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/
Do Financial Institutions engage in currency transactions related
to international narcotics trafficking that include significant
amounts of US currency; currency derived from illegal sales in the
U.S.; or that otherwise significantly affect the U.S.: NO
Criminalization of Money Laundering:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
Know-your-customer (KYC) rules:
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
KYC covered entities: Banks and credit unions; life insurance
companies, brokers, and agents; securities dealers; casinos; real
estate brokers/agents; agents of the Crown; money services
businesses; accountants and accounting firms; lawyers; dealers in
precious metals and stones; and notaries in Quebec and British
Columbia
Suspicious Transaction Reporting (STR) Requirements:
Number of STRs received and time frame: 1,616 in 2011
Number of CTRs received and time frame: 3,049 in 2011
STR covered entities: Banks and credit unions; life insurance
companies, brokers, and agents; securities dealers; casinos; real
estate brokers/agents; agents of the Crown; foreign exchange
and money services businesses; accountants and accounting
firms; lawyers; dealers in precious metals and stones; and
notaries in Quebec and British Columbia
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: 35 through 2010
Convictions: One
Records exchange mechanism:
With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES
Canada is a member of the Financial Action Task (FATF) and the
Asia/Pacific Group on Money Laundering (APG), a FATF-style
regional body. Its most recent mutual evaluation can be found
here: http://www.fatf-gafi.org/document/58/0,3746,
en_32250379_32236963_40199098_1_1_1_1,00.html
Enforcement and implementation issues and comments:
Reported incidents involving money laundering have increased
substantially in Canada over the last decade. The vast majority of
money laundering cases in Canada, however, have failed to lead
to convictions. Statistics Canada reported in 2011 that out of 29
cases involving money laundering in 2009 and 2010, only 34%
resulted in a conviction. The same report indicated that many
cases of money laundering go unsolved in Canada. Canadian law
enforcement was able to identify a suspect in only 18% of
reported money laundering cases in 2009. Money laundering
offenses have a higher threshold for prosecution and conviction
than the offense of benefiting from the proceeds of crime.
Criminals appear willing to forfeit assets and plead guilty to lesser
charges to avoid prosecution under AML and proceeds of crime
statutes.
The Financial Transactions Reports Analysis Centre of Canada
(FINTRAC) is Canada’s financial intelligence unit. FINTRAC plays
a central role in Canada’s fight against money laundering and
terrorism. The time between FINTRAC’s initial receipt of STRs and
the conclusion of an investigation can be quite lengthy, a noted
criticism (average number of days for a report dropped from 68 to
56 from 2010-2011).
Lawyers in several provinces have successfully challenged the
applicability of the AML law based upon common law attorney-
client privileges; therefore, lawyers are not completely covered by
the AML provisions.
Deficiencies have been identified in Canada’s anti-money
laundering/counter-terrorist financing regime relating to its
customer due diligence obligations. In 2011, the Canadian
government proposed changes to the Proceeds of Crime (Money
Laundering) and Terrorist Financing Regulations in order to
address those deficiencies and to improve Canada’s compliance
with international standards. The proposed changes would
require reporting entities to better identify customers and
understand their business, which will consequently enable them to
identify transactions and activities that are at greater risk for
money laundering or terrorist financing.
While the law provides sufficient powers to Canadian law
enforcement to pursue money launderers, the budget for relevant
law enforcement authorities has not increased; additional
resources could increase the effectiveness of existing laws.
Provincial and federal statistics should be tracked jointly.
Appropriately tracking these cases could reveal a more robust
rate of money laundering related convictions.
Canada should continue its work to strengthen its AML/CFT
measures within the casino industry and reduce the length of time
needed for FINTRAC to prepare reports used by law enforcement
authorities. Canada also should continue to ensure its privacy
laws do not excessively prohibit provision of information to
domestic and foreign law enforcement that might lead to
prosecutions and convictions.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
In 2011, the Canadian government continued its robust efforts to
combat the production, distribution, and consumption of various
illicit drugs. Canada is a substantial producer of ecstasy (MDMA)
for domestic use and is the primary supplier of ecstasy to the
United States. Canada is also a significant producer of marijuana,
most of which is intended for domestic markets. Marijuana and
cocaine are the most widely used illicit drugs in Canada and
Canadians are among the top illicit users of pharmaceutical
opiates worldwide.
Canada is in the fourth year of its five-year National Anti-Drug
Strategy (NADS), which aims to prevent illegal drug use, treat
those with drug dependencies, and combat the production and
distribution of illicit drugs. As part of the NADS, Canada has
recently rolled out new initiatives specifically intended to fight the
trafficking of marijuana and synthetic drugs.
In September, the Supreme Court of Canada held that a
supervised injection site in Vancouver could continue operating,
despite the federal government’s previous refusal to grant it a
permit to operate. The Quebec government has since announced
that it will also allow safe injection sites to open in its major cities.
Canada and the United States cooperate extensively in
counternarcotics efforts by sharing information and conducting
joint operations. Canada, a resolute partner with the United States
in international counternarcotics policy fora, is a member of the
UN Commission on Narcotic Drugs and a party to the 1988 UN
Drug Convention.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Canada is a source, transit, and destination country for men,
women, and children subjected to sex trafficking and forced labor.
Canadian women and girls, particularly from aboriginal
communities, are found in conditions of commercial sexual
exploitation across the country. Foreign women and children,
primarily from Asia and Eastern Europe, are subjected to sex
trafficking; sex trafficking victims have come from China, Hong
Kong, Fiji, Taiwan, South Korea, the Philippines, Romania,
Ukraine, and Moldova, in addition to other countries and
territories. Asian victims tend to be prevalent in Vancouver and
Western Canada, while Eastern European victims are trafficked to
Toronto, Montreal, and Eastern Canada. Law enforcement
officials report the involvement of organized crime in sex
trafficking. Most suspected labor trafficking victims are foreign
workers who enter Canada legally, but then are subjected to
forced labor in agriculture, sweatshops and processing plants, or
as domestic servants. Suspected cases of forced labor continue
to be more prevalent in Ontario and Alberta and have involved
workers from Asia, Eastern Europe, and Latin America. In October
2010, Ontario authorities brought forward the country’s first
charges in a labor trafficking case, involving 10 defendants
accused of subjecting 19 Hungarian Roma victims to forced labor
in their construction business and stealing the victims’ social
assistance money. A considerable number of victims, particularly
South Korean females, transit Canada en route to the United
States. Canada is also a significant source country for child sex
tourists, who travel abroad to engage in sex acts with children.
The Government of Canada fully complies with the minimum
standards for the elimination of trafficking. During the past year,
the Canadian government increased prosecutions of human
trafficking crimes, passed legislation establishing a minimum
sentence for child trafficking, and sustained victim protection and
prevention efforts. However, some judges and prosecutors were
reportedly hesitant to pursue trafficking charges. The government
lacked a national strategy to combat trafficking, and limited
coordination between the federal and provincial governments on
anti-trafficking efforts continued to be a challenge.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2010
Overview: Canada remained one of the United States’ closest
counterterrorism partners. Testifying before a Parliamentary
committee on May 11, Canadian Security Intelligence Service
(CSIS) Director Richard Fadden said, "confronting the threat from
al-Qa'ida, its affiliates, and its adherents" remained the "number
one priority" of his organization. Canada continued to face threats
to both Canadian interests abroad and domestically.
Legislation and Law Enforcement: The Canadian government
introduced several counterterrorism-related bills in 2010, all of
which were still under consideration at year’s end:
* Bill C-17, Combating Terrorism Act, provides for investigative
hearings and bail with conditions.
* Bill C-42, Strengthening Aviation Security Act, provides legal
authority for Canadian officials to share information with the
United States for the purposes of the Secure Flight program.
* Bill C-53, Fair and Efficient Criminal Trials Act, aims to improve
criminal procedure to cut the number of long, drawn-out trials,
according to the government.
* Bill S-7, An Act to deter Terrorism and Amend the State Immunity
Act, will allow terrorism victims to sue terrorists and terrorist
entities for loss or damage suffered as a result of their acts. It will
also allow victims of terrorism, in certain circumstances, to sue
foreign states that have supported terrorist entities, which have
committed such acts.
* On October 26, the government reintroduced legislation (S-13)
to implement the Framework Agreement on Integrated Cross-
Border Maritime Law Enforcement Operations ("Shiprider")
between the Canada and the United States. The agreement will
allow the exchange of cross-designated officers (ship riders) to
create seamless maritime law enforcement operations across the
U.S.-Canadian maritime border.
* On December 15, An Act to Amend the Criminal Code (Suicide
Bombings) (S-215) became law. The bill clarifies that suicide
bombings fall within the definition of "terrorist activity" in the
Criminal Code.
On June 16, Commissioner John Major delivered the final Report
of the Commission of Inquiry into the Investigation of the 1095
Bombing of Air India Flight 182[1]. In its response to the report,
the government said, "The Commission identified numerous
mistakes that were committed around the time of the bombing,
including as regards the treatment of the victims' families." The
government pledged to "recognize these shortcomings and work
consistently to prevent another such tragedy." The government
introduced an action plan for implementing the recommendations
of the Major Commission. The plan builds on legislative initiatives
already in progress in Parliament.
On August 25 and 26, Royal Canadian Mounted Police (RCMP)
officers arrested three individuals in Ottawa in relation to an
alleged terrorist plot. Federal prosecutors charged Misbahuddin
Ahmed, Hiva Alizadeh, and Dr. Khurram Sher with conspiracy to
knowingly facilitate a terrorist activity, probably in Canada. RCMP
seized over 50 circuit boards that could be used for remote-
controlled triggers for improvised explosive devices (IEDs) as well
as schematics, videos, drawings, instructions, books and electrical
components designed specifically for the construction of IEDs.
Prosecutors laid further charges against Ahmed and Alizadeh for
possessing an explosive substance with intent to harm, and
Alizadeh faces a charge of providing property or financial services
for the benefit of a terrorist group. In September, Ahmed was
released pending trial and Alizadeh remained detained.
On August 30, a Federal Court judge granted Abousfian
Abdelrazik, a Montreal man who was stranded in Sudan for six
years, permission to continue his suit against the federal
government and Foreign Affairs Minister Lawrence Cannon. In
2009, a federal court judge ruled the Canadian government
violated Abdelrazik's rights by refusing to allow him to return home
because of travel ban provisions relating to his listing at the UN’s
1267 Committee. The government expressed disagreement with
the ruling but did not appeal, bringing Abdelrazik back to Canada
in June 2009.
Canadian prosecutors secured a number of convictions in
terrorism cases in 2010:
* On May 14, Prapaharan Thambithurai, the first person convicted
under Canada's anti-terrorism law for knowingly raising money to
benefit a terrorist group, pled guilty in a Vancouver, BC court to
raising money for the Liberation Tigers of Tamil Eelam. The judge
imposed a six-month sentence on Thaambithurai, who was
arrested in 2008 and subsequently admitted to raising $600 and
collecting pledges for another $2,000 from local Sri Lankans.
* On December 7, an Ontario provincial judge sentenced Roger
Clement, a retired federal civil servant, to three-and-a-half years
in prison for firebombing an Ottawa bank.
* On December 9, the Federal Court of Canada upheld an
immigration security certificate against alleged al-Qa'ida terrorist
Mohamed Harkat. Justice Simon Noel ruled that the government
had reasonable grounds to believe that Harkat constituted a
threat to national security and deemed him inadmissible under
Canada's immigration law. Pending deportation, authorities may
continue to monitor Harkat, who has claimed that he faces a risk
of torture if deported to his native Algeria.
* In a separate ruling, the federal court upheld the constitutionality
of the revised security certificate process implemented in 2008.
Two other security certificates remained in place against alleged
terrorist suspects Mahmoud Jaballah and Mohamed Zeki Mahjoub.
* In a separate ruling on December 17, the Ontario Court of
Appeal dismissed the appeal of Piratheepan Nadarajah and
Suresh Sriskandarajah regarding their extradition order to the
United States to stand trial on charges of offering to purchase
surface to air missiles and other weaponry in the United States for
the Liberation Tigers of Tamil Eelam.
* During 2010, of the 18 individuals originally charged in the 2006
Toronto 18 case, seven pled guilty, and courts found four others
guilty. In December, the courts increased the severity of the
sentences against two of the convicted adult Toronto 18
individuals to send a strong message about the gravity of the
offences. (The Toronto 18 planned to bomb several Canadian
targets, including Parliament Hill, RCMP headquarters, and
nuclear power plants.)
Countering Terrorist Finance: Canada is a member of the
Financial Action Task Force (FATF) as well as the Asia/Pacific
Group on Money Laundering (APG), and is a supporting nation of
the Caribbean Financial Action Task Force (CFATF); both APG
and CFATF are FATF-style regional bodies. Canada is also an
observer in the Council of Europe’s Select Committee of Experts
on the Evaluation Of Anti-Money Laundering Measures
(MONEYVAL).
The Government of Canada designated suspected terrorists and
terrorist organizations on the UN 1267 Sanctions Committee's
consolidated list. The Anti-Terrorism Act provides measures for
the Government of Canada to create a list of entities. Listed
entity's property can be the subject of seizure, forfeiture, or both.
In addition, financial institutions such as banks and brokerages
are subject to reporting requirements with respect to an entity's
property and must not allow those entities to access the property
nor may these institutions deal or otherwise dispose of the
property. Canada recently completed a two-year review of the 42
entities on its domestic terrorist list and all 42 remained on the list.
In 2010, Canada domestically listed al-Qa'ida in the Arabian
Peninsula and al-Shabaab.
Regional and International Cooperation: Canada has been an
important partner with the United States in the UN and other
multilateral counterterrorism efforts. Canada and the United
States cooperate bilaterally through the Cross Border Crime
Forum sub-group on counterterrorism and the Bilateral
Consultative Group on Counterterrorism.
Countering Radicalization and Violent Extremism: Canadian
officials spoke out frequently on the need for all Canadians to
remain engaged and vigilant in the fight against violent extremism
in Canada. The government worked with non-governmental
partners and concerned Canadian communities to deter violent
extremism through preventative programming and community
outreach. The RCMP's National Security Community Outreach
program promoted interaction and relationship-building with
communities at risk. The Cross-Cultural Roundtable on Security
fostered dialogue on national security issues between the
government and community leaders.
Sanctions:
None applicable
For information on Canadian Economic sanctions currently in
place please visit the following link: -
http://www.international.gc.ca/sanctions/index.aspx?view=d
____________________________________________________
Offshore Jurisdiction Blacklist:
Information unavailable.
____________________________________________________
US State Department Money Laundering Report - 2012:
Money laundering activities in Canada are primarily a product of
illegal narcotics, psychotropic substances, or chemical
precursors. In the UN’s 2009 and 2011 World Drug Reports,
Canada is cited as the leading supplier of ecstasy in North
America as well as a major producer and shipper of
methamphetamine for markets around the world. The criminal
proceeds laundered in Canada derive primarily from domestic
activity which is controlled by drug trafficking organizations and
organized crime.
Canada does not have a significant black market for illicit or
smuggled goods. Cigarettes are the most commonly smuggled
good in the country. There are indications that trade-based
money laundering occurs in the jurisdiction. There is no certainty
that this activity is tied to terrorist financing activity.
For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/
Do Financial Institutions engage in currency transactions related
to international narcotics trafficking that include significant
amounts of US currency; currency derived from illegal sales in the
U.S.; or that otherwise significantly affect the U.S.: NO
Criminalization of Money Laundering:
“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes
Legal persons covered: criminally: YES civilly: YES
Know-your-customer (KYC) rules:
Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES
KYC covered entities: Banks and credit unions; life insurance
companies, brokers, and agents; securities dealers; casinos; real
estate brokers/agents; agents of the Crown; money services
businesses; accountants and accounting firms; lawyers; dealers in
precious metals and stones; and notaries in Quebec and British
Columbia
Suspicious Transaction Reporting (STR) Requirements:
Number of STRs received and time frame: 1,616 in 2011
Number of CTRs received and time frame: 3,049 in 2011
STR covered entities: Banks and credit unions; life insurance
companies, brokers, and agents; securities dealers; casinos; real
estate brokers/agents; agents of the Crown; foreign exchange
and money services businesses; accountants and accounting
firms; lawyers; dealers in precious metals and stones; and
notaries in Quebec and British Columbia
Money Laundering Criminal Prosecutions/Convictions:
Prosecutions: 35 through 2010
Convictions: One
Records exchange mechanism:
With U.S.: MLAT: YES Other mechanism: YES
With other governments/jurisdictions: YES
Canada is a member of the Financial Action Task (FATF) and the
Asia/Pacific Group on Money Laundering (APG), a FATF-style
regional body. Its most recent mutual evaluation can be found
here: http://www.fatf-gafi.org/document/58/0,3746,
en_32250379_32236963_40199098_1_1_1_1,00.html
Enforcement and implementation issues and comments:
Reported incidents involving money laundering have increased
substantially in Canada over the last decade. The vast majority of
money laundering cases in Canada, however, have failed to lead
to convictions. Statistics Canada reported in 2011 that out of 29
cases involving money laundering in 2009 and 2010, only 34%
resulted in a conviction. The same report indicated that many
cases of money laundering go unsolved in Canada. Canadian law
enforcement was able to identify a suspect in only 18% of
reported money laundering cases in 2009. Money laundering
offenses have a higher threshold for prosecution and conviction
than the offense of benefiting from the proceeds of crime.
Criminals appear willing to forfeit assets and plead guilty to lesser
charges to avoid prosecution under AML and proceeds of crime
statutes.
The Financial Transactions Reports Analysis Centre of Canada
(FINTRAC) is Canada’s financial intelligence unit. FINTRAC plays
a central role in Canada’s fight against money laundering and
terrorism. The time between FINTRAC’s initial receipt of STRs and
the conclusion of an investigation can be quite lengthy, a noted
criticism (average number of days for a report dropped from 68 to
56 from 2010-2011).
Lawyers in several provinces have successfully challenged the
applicability of the AML law based upon common law attorney-
client privileges; therefore, lawyers are not completely covered by
the AML provisions.
Deficiencies have been identified in Canada’s anti-money
laundering/counter-terrorist financing regime relating to its
customer due diligence obligations. In 2011, the Canadian
government proposed changes to the Proceeds of Crime (Money
Laundering) and Terrorist Financing Regulations in order to
address those deficiencies and to improve Canada’s compliance
with international standards. The proposed changes would
require reporting entities to better identify customers and
understand their business, which will consequently enable them to
identify transactions and activities that are at greater risk for
money laundering or terrorist financing.
While the law provides sufficient powers to Canadian law
enforcement to pursue money launderers, the budget for relevant
law enforcement authorities has not increased; additional
resources could increase the effectiveness of existing laws.
Provincial and federal statistics should be tracked jointly.
Appropriately tracking these cases could reveal a more robust
rate of money laundering related convictions.
Canada should continue its work to strengthen its AML/CFT
measures within the casino industry and reduce the length of time
needed for FINTRAC to prepare reports used by law enforcement
authorities. Canada also should continue to ensure its privacy
laws do not excessively prohibit provision of information to
domestic and foreign law enforcement that might lead to
prosecutions and convictions.
____________________________________________________
US State Dept Narcotics Report 2012 (introduction):
In 2011, the Canadian government continued its robust efforts to
combat the production, distribution, and consumption of various
illicit drugs. Canada is a substantial producer of ecstasy (MDMA)
for domestic use and is the primary supplier of ecstasy to the
United States. Canada is also a significant producer of marijuana,
most of which is intended for domestic markets. Marijuana and
cocaine are the most widely used illicit drugs in Canada and
Canadians are among the top illicit users of pharmaceutical
opiates worldwide.
Canada is in the fourth year of its five-year National Anti-Drug
Strategy (NADS), which aims to prevent illegal drug use, treat
those with drug dependencies, and combat the production and
distribution of illicit drugs. As part of the NADS, Canada has
recently rolled out new initiatives specifically intended to fight the
trafficking of marijuana and synthetic drugs.
In September, the Supreme Court of Canada held that a
supervised injection site in Vancouver could continue operating,
despite the federal government’s previous refusal to grant it a
permit to operate. The Quebec government has since announced
that it will also allow safe injection sites to open in its major cities.
Canada and the United States cooperate extensively in
counternarcotics efforts by sharing information and conducting
joint operations. Canada, a resolute partner with the United States
in international counternarcotics policy fora, is a member of the
UN Commission on Narcotic Drugs and a party to the 1988 UN
Drug Convention.
For Full report, click here
____________________________________________________
US State Dept Trafficking in Persons Report 2011
(introduction):
(Tier 1)
Canada is a source, transit, and destination country for men,
women, and children subjected to sex trafficking and forced labor.
Canadian women and girls, particularly from aboriginal
communities, are found in conditions of commercial sexual
exploitation across the country. Foreign women and children,
primarily from Asia and Eastern Europe, are subjected to sex
trafficking; sex trafficking victims have come from China, Hong
Kong, Fiji, Taiwan, South Korea, the Philippines, Romania,
Ukraine, and Moldova, in addition to other countries and
territories. Asian victims tend to be prevalent in Vancouver and
Western Canada, while Eastern European victims are trafficked to
Toronto, Montreal, and Eastern Canada. Law enforcement
officials report the involvement of organized crime in sex
trafficking. Most suspected labor trafficking victims are foreign
workers who enter Canada legally, but then are subjected to
forced labor in agriculture, sweatshops and processing plants, or
as domestic servants. Suspected cases of forced labor continue
to be more prevalent in Ontario and Alberta and have involved
workers from Asia, Eastern Europe, and Latin America. In October
2010, Ontario authorities brought forward the country’s first
charges in a labor trafficking case, involving 10 defendants
accused of subjecting 19 Hungarian Roma victims to forced labor
in their construction business and stealing the victims’ social
assistance money. A considerable number of victims, particularly
South Korean females, transit Canada en route to the United
States. Canada is also a significant source country for child sex
tourists, who travel abroad to engage in sex acts with children.
The Government of Canada fully complies with the minimum
standards for the elimination of trafficking. During the past year,
the Canadian government increased prosecutions of human
trafficking crimes, passed legislation establishing a minimum
sentence for child trafficking, and sustained victim protection and
prevention efforts. However, some judges and prosecutors were
reportedly hesitant to pursue trafficking charges. The government
lacked a national strategy to combat trafficking, and limited
coordination between the federal and provincial governments on
anti-trafficking efforts continued to be a challenge.
For full report click here
____________________________________________________
US State Dept Terrorism Report 2010
Overview: Canada remained one of the United States’ closest
counterterrorism partners. Testifying before a Parliamentary
committee on May 11, Canadian Security Intelligence Service
(CSIS) Director Richard Fadden said, "confronting the threat from
al-Qa'ida, its affiliates, and its adherents" remained the "number
one priority" of his organization. Canada continued to face threats
to both Canadian interests abroad and domestically.
Legislation and Law Enforcement: The Canadian government
introduced several counterterrorism-related bills in 2010, all of
which were still under consideration at year’s end:
* Bill C-17, Combating Terrorism Act, provides for investigative
hearings and bail with conditions.
* Bill C-42, Strengthening Aviation Security Act, provides legal
authority for Canadian officials to share information with the
United States for the purposes of the Secure Flight program.
* Bill C-53, Fair and Efficient Criminal Trials Act, aims to improve
criminal procedure to cut the number of long, drawn-out trials,
according to the government.
* Bill S-7, An Act to deter Terrorism and Amend the State Immunity
Act, will allow terrorism victims to sue terrorists and terrorist
entities for loss or damage suffered as a result of their acts. It will
also allow victims of terrorism, in certain circumstances, to sue
foreign states that have supported terrorist entities, which have
committed such acts.
* On October 26, the government reintroduced legislation (S-13)
to implement the Framework Agreement on Integrated Cross-
Border Maritime Law Enforcement Operations ("Shiprider")
between the Canada and the United States. The agreement will
allow the exchange of cross-designated officers (ship riders) to
create seamless maritime law enforcement operations across the
U.S.-Canadian maritime border.
* On December 15, An Act to Amend the Criminal Code (Suicide
Bombings) (S-215) became law. The bill clarifies that suicide
bombings fall within the definition of "terrorist activity" in the
Criminal Code.
On June 16, Commissioner John Major delivered the final Report
of the Commission of Inquiry into the Investigation of the 1095
Bombing of Air India Flight 182[1]. In its response to the report,
the government said, "The Commission identified numerous
mistakes that were committed around the time of the bombing,
including as regards the treatment of the victims' families." The
government pledged to "recognize these shortcomings and work
consistently to prevent another such tragedy." The government
introduced an action plan for implementing the recommendations
of the Major Commission. The plan builds on legislative initiatives
already in progress in Parliament.
On August 25 and 26, Royal Canadian Mounted Police (RCMP)
officers arrested three individuals in Ottawa in relation to an
alleged terrorist plot. Federal prosecutors charged Misbahuddin
Ahmed, Hiva Alizadeh, and Dr. Khurram Sher with conspiracy to
knowingly facilitate a terrorist activity, probably in Canada. RCMP
seized over 50 circuit boards that could be used for remote-
controlled triggers for improvised explosive devices (IEDs) as well
as schematics, videos, drawings, instructions, books and electrical
components designed specifically for the construction of IEDs.
Prosecutors laid further charges against Ahmed and Alizadeh for
possessing an explosive substance with intent to harm, and
Alizadeh faces a charge of providing property or financial services
for the benefit of a terrorist group. In September, Ahmed was
released pending trial and Alizadeh remained detained.
On August 30, a Federal Court judge granted Abousfian
Abdelrazik, a Montreal man who was stranded in Sudan for six
years, permission to continue his suit against the federal
government and Foreign Affairs Minister Lawrence Cannon. In
2009, a federal court judge ruled the Canadian government
violated Abdelrazik's rights by refusing to allow him to return home
because of travel ban provisions relating to his listing at the UN’s
1267 Committee. The government expressed disagreement with
the ruling but did not appeal, bringing Abdelrazik back to Canada
in June 2009.
Canadian prosecutors secured a number of convictions in
terrorism cases in 2010:
* On May 14, Prapaharan Thambithurai, the first person convicted
under Canada's anti-terrorism law for knowingly raising money to
benefit a terrorist group, pled guilty in a Vancouver, BC court to
raising money for the Liberation Tigers of Tamil Eelam. The judge
imposed a six-month sentence on Thaambithurai, who was
arrested in 2008 and subsequently admitted to raising $600 and
collecting pledges for another $2,000 from local Sri Lankans.
* On December 7, an Ontario provincial judge sentenced Roger
Clement, a retired federal civil servant, to three-and-a-half years
in prison for firebombing an Ottawa bank.
* On December 9, the Federal Court of Canada upheld an
immigration security certificate against alleged al-Qa'ida terrorist
Mohamed Harkat. Justice Simon Noel ruled that the government
had reasonable grounds to believe that Harkat constituted a
threat to national security and deemed him inadmissible under
Canada's immigration law. Pending deportation, authorities may
continue to monitor Harkat, who has claimed that he faces a risk
of torture if deported to his native Algeria.
* In a separate ruling, the federal court upheld the constitutionality
of the revised security certificate process implemented in 2008.
Two other security certificates remained in place against alleged
terrorist suspects Mahmoud Jaballah and Mohamed Zeki Mahjoub.
* In a separate ruling on December 17, the Ontario Court of
Appeal dismissed the appeal of Piratheepan Nadarajah and
Suresh Sriskandarajah regarding their extradition order to the
United States to stand trial on charges of offering to purchase
surface to air missiles and other weaponry in the United States for
the Liberation Tigers of Tamil Eelam.
* During 2010, of the 18 individuals originally charged in the 2006
Toronto 18 case, seven pled guilty, and courts found four others
guilty. In December, the courts increased the severity of the
sentences against two of the convicted adult Toronto 18
individuals to send a strong message about the gravity of the
offences. (The Toronto 18 planned to bomb several Canadian
targets, including Parliament Hill, RCMP headquarters, and
nuclear power plants.)
Countering Terrorist Finance: Canada is a member of the
Financial Action Task Force (FATF) as well as the Asia/Pacific
Group on Money Laundering (APG), and is a supporting nation of
the Caribbean Financial Action Task Force (CFATF); both APG
and CFATF are FATF-style regional bodies. Canada is also an
observer in the Council of Europe’s Select Committee of Experts
on the Evaluation Of Anti-Money Laundering Measures
(MONEYVAL).
The Government of Canada designated suspected terrorists and
terrorist organizations on the UN 1267 Sanctions Committee's
consolidated list. The Anti-Terrorism Act provides measures for
the Government of Canada to create a list of entities. Listed
entity's property can be the subject of seizure, forfeiture, or both.
In addition, financial institutions such as banks and brokerages
are subject to reporting requirements with respect to an entity's
property and must not allow those entities to access the property
nor may these institutions deal or otherwise dispose of the
property. Canada recently completed a two-year review of the 42
entities on its domestic terrorist list and all 42 remained on the list.
In 2010, Canada domestically listed al-Qa'ida in the Arabian
Peninsula and al-Shabaab.
Regional and International Cooperation: Canada has been an
important partner with the United States in the UN and other
multilateral counterterrorism efforts. Canada and the United
States cooperate bilaterally through the Cross Border Crime
Forum sub-group on counterterrorism and the Bilateral
Consultative Group on Counterterrorism.
Countering Radicalization and Violent Extremism: Canadian
officials spoke out frequently on the need for all Canadians to
remain engaged and vigilant in the fight against violent extremism
in Canada. The government worked with non-governmental
partners and concerned Canadian communities to deter violent
extremism through preventative programming and community
outreach. The RCMP's National Security Community Outreach
program promoted interaction and relationship-building with
communities at risk. The Cross-Cultural Roundtable on Security
fostered dialogue on national security issues between the
government and community leaders.
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| Further Tables |
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*Please note that FATF deems that a country has significant aml deficiencies if any
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.
For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -
R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV
Please also note that any risk assessment should take into consideration all
follow-up reports.
| CANADA |
| KnowYourCountry |
_________________________________________________________
AML News / Updates
May 24, 2011, the Special Economic Measures (Syria) Regulations
came into force in order to respond to the gravity of the situation in Syria.
Read More
May 1, 2011 - New report by the Global Forum on Transparency and
Exchange of Information to evaluate the country's legal and regulatory
frameworks and implementation for re exchange of information is made
available.
Read Report
March 23, 2011, the Freezing Assets of Corrupt Foreign Officials Act
and the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt)
Regulations entered into force.
Read More
February 27, 2011, the Regulations Implementing the United Nations
Resolution on Libya and Taking Special Economic Measures entered
into force.
Read More
Links:
Worldwide AML Legislation (International Bar Association)
Financial Transactions and Reports Analysis Centre of Canada/ Centre
d'analyse des opérations et déclarations financières du Canada
(FINTRAC/CANAFE)
Egmont Group Secretariat
AML News / Updates
May 24, 2011, the Special Economic Measures (Syria) Regulations
came into force in order to respond to the gravity of the situation in Syria.
Read More
May 1, 2011 - New report by the Global Forum on Transparency and
Exchange of Information to evaluate the country's legal and regulatory
frameworks and implementation for re exchange of information is made
available.
Read Report
March 23, 2011, the Freezing Assets of Corrupt Foreign Officials Act
and the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt)
Regulations entered into force.
Read More
February 27, 2011, the Regulations Implementing the United Nations
Resolution on Libya and Taking Special Economic Measures entered
into force.
Read More
Links:
Worldwide AML Legislation (International Bar Association)
Financial Transactions and Reports Analysis Centre of Canada/ Centre
d'analyse des opérations et déclarations financières du Canada
(FINTRAC/CANAFE)
Egmont Group Secretariat
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| Last Updated: 16 April 2012 |