The Expedience and Usefulness of Sanctions

"The sanctions applied to date in response to the situation in Ukraine do not presently trigger inadmissibility [under the Immigration and Refugee Protection Act]."

Most individuals have been] sanctioned under the Special Economic Measures Act due to the ongoing situation in Ukraine."

Canada Border Services Agency

"[Once Bill S-8 currently before the House of Commons becomes law], the IRPA [Immigration and Refugee Protection Act] inadmissibility grounds will align with the SEMA [Special Economic Measures Act] sanction grounds, and all individuals sanctioned pursuant to that Act will be inadmissible to Canada."

Karine Martel, CBSA spokesperson

"Although it does not trigger immediate inadmissibility the fact that someone is sanctioned is of course taken into consideration [in deciding whether to allow the individual into Canada]."

"We call on all parties to support the bill that would allow us to make this clear once [and] for all."

Maeva Proteau, director of communications for Minister of Foreign Affairs

"[It's surprising those sanctioned individuals are admissible] because it's hard to see a circumstance where it would be in the national interest to let them in."

"Many countries choose to apply these sorts of asset freezes and the like in tandem."

Rachel Ziemba, adjunct senior fellow, Center for a New American Security, Washington, D.C.

 

So, then, how effective are Canada's much-ballyhooed sanctions imposed against Russia beginning in 2014 when Moscow annexed the Crimean Peninsula and increasing incrementally since its February 2022 invasion of Ukraine, as a symbol of severe displeasure in concert with the rest of the global community, unified in its condemnation of Russia's violence against a neighbouring state. When unsavoury foreigners come under sanction it is usually meant to imply they are also persona non grata.

Not so, evidently in Canada. When the Liberal government is asked for an explanation, none is forthcoming. No details, no explanations other than vague and opaque anodyne responses. A government that trumpeted its intention before coming to power that it would dedicate itself to transparency and accountability has become anything but reliable in those areas. 

The number of Russians, Ukrainians and Belorusians sanctioned by Canada total 1,533 since 2014. Most -- 1,232 individuals -- are sanctioned under the Special Economic Measures Act, according to the CBSA Of that number 912 are from Russia and 53 from Belarus while 257 are Ukrainian. Their Canadian assets are frozen under the sanctions, yet they are not automatically inadmissible under the Immigration and Refugee Protection Act. Those listed under Section 1.1 of SEMA for gross human rights violations only become inadmissible automatically. 

"Since February 2022, there have been no additions to this part of the schedule to the Russia Regulations", explained Jason Kung speaking for Foreign Affairs Canada. Questions relating to the number  of individuals sanctioned in response to the war in Ukraine that are currently barred from entry to Canada remain unanswered. "And also of these 1,500 people, how many of them have made an attempt to enter Canada, is another important question", added immigration lawyer Mario Bellissimo.

Somewhat reminiscent of the fact that Canada has also sanctioned Iranian citizens linked to the current Islamic Republic government, yet they seem to enter Canada at will, stay as long as they wish, conduct business, as well as intimidating Iranian-Canadians and without doubt engage in spying for Iran's intelligence services. The government of Canada's ineptness and casual attitude toward how to protect Canadians, the country's interests and conducting itself in concert with its G7 partners is missing the link of commitment.

And nor would the CBSA respond when it was asked whether any individuals have been refused entry at the border or whether any of the sanctioned individuals are currently in Canada. No response. Inaction, just the way the government has not bothered to stir itself over the presence of Chinese police investigators setting up shop in police stations in Canada to harass and intimidate Chinese Canadians and try to force them to return to China to stand trial for fulminating against Beijing, by threatening harm to their families in China.

The Putin regime’s attack on Ukraine is a war on democracy, human rights and the right of Ukrainians to choose their own future. Be it military, political or economic support, Canada will continue to be there for Ukraine in its time of need and hold Russia accountable. A central part of our response has been economic sanctions, to hold accountable those responsible for Russia’s aggression.

The Honourable Marco Mendicino, Minister of Public Safety, today announced that the Government will strengthen these measures by banning sanctioned Russians from entering Canada. The Minister will introduce legislative changes to the Immigration and Refugee Protection Act (IRPA) to ensure foreign nationals subject to sanctions under the Special Economic Measures Act (SEMA) are inadmissible to Canada.

These changes will allow the Canada Border Services Agency (CBSA) to deny entry to, and remove, individuals subjected to sanctions, and will allow Immigration, Refugees and Citizenship Canada (IRCC) officials to deny visas.

Once in force, these amendments to IRPA will apply to all foreign nationals subject to sanctions by Canada, and any accompanying family members. The IRPA establishes the applicable criteria for all foreign nationals and permanent residents who seek to enter the country, and defines the factors that render a person inadmissible.

Canada has sanctioned roughly 1,000 individuals from Russia, Ukraine and Belarus, including Vladimir Vladimirovich Putin, Sergei Kuzhugetovich Shoigu, Sergei Viktorovich Lavrov, and Konstantin Anatolyevich Chuychenko. For more information and the full list of individuals visit Sanctions – Russian invasion of Ukraine.

May 17, 2022 statement, Government of Canada