Will Canada Exempt NGOs That Want to Provide Humanitarian Aid to Afghans From Anti-Terrorism Laws?

On September 21, 2022 Senator Omidvar asked Senator Gold, the Government Representative in the Senate, if the government will exempt Canadian NGOs from our strict anti-terrorism laws, so that they can provide humanitarian aid in Afghanistan.

Senator Omidvar: My question is about Afghanistan. I think we all appreciate the people of Afghanistan are suffering under brutal persecution by the Taliban. Added to that, there are food and medicine shortages, an earthquake that left 1,000 people dead, as well as other humanitarian issues. Canadian charities and NGOs on the ground in Afghanistan are ready and willing to help, but their hands are tied behind their backs and they are unable to do any work in Afghanistan because of a strict interpretation of Canada’s anti-terrorism law. That law effectively bans them from working on anything in Afghanistan because it is governed by the Taliban, which is listed by Canada as a terrorist entity. Therefore, anything they do runs the risk of being charged under the anti-terrorism law.

Other countries such as the U.S. and the U.K. have exempted charities and NGOs from similar laws so as to at least provide assurance that their work will not result in prosecution. Will the Canadian government do the same?

Senator Gold: Thank you, senator, for the question. As you properly mentioned, the Taliban has been identified and listed as a terrorist entity under the Canadian Criminal Code. I’m advised that departments from across the Government of Canada are seized with this issue and are working to identify a solution that upholds Canada’s national security interests while facilitating the effective delivery of assistance to the Afghan people in this horrible and unprecedented situation. I’m further advised that the government is working with Public Safety and the Department of Justice to look at necessary changes to support the needs of the Afghan people.

Senator Omidvar: Senator Gold, I’m happy to know that they are seized with the question. I understand they have been seized with the question for three or four months since this was identified. Minister Lametti understands that the legislation must be amended.

Can you kindly reach out to him and let us know when the amendment is to be tabled in the House of Commons or here in the Senate?

Senator Gold: I’ll certainly speak to the minister, whom I will be seeing later today in committee, and I will pass on that message.