Will the Attorney General Provide a Guarantee of Non-Prosecutions for Aid Organizations in Afghanistan?

On December 13, 2022, Senator Omidvar asked Senator Gold, the Government Representative in the Senate, if the Attorney General will provide an interim guarantee of non-prosecutions for Canadian aid organizations working in Afghanistan.

Hon. Ratna Omidvar: My question is for the Leader of the Government in the Senate, Senator Gold.

Senator Gold, let me first start with the good news before I get to my question. Yesterday, The Globe and Mail reported that Minister Sajjan and the government will table amendments to the Criminal Code so that international aid organizations operating in Afghanistan will be exempt from criminal charges under the code. However, as much as I am relieved that the government is listening to all the voices that have been raised on this issue, it concerns me that such an amendment will likely take a few months, at least, before it is passed into Royal Assent. We know that in this chamber. We could be looking at April or May.

Senator Gold, it is winter in Afghanistan now. The people in Afghanistan are freezing now, they are hungry now, they are sick now, and they need our help now. They cannot wait for Canadian due process to receive urgent aid to save their lives. Will the Attorney General then undertake an interim measure to guarantee the non-prosecution of Canadian international aid organizations providing humanitarian aid in good faith until the amendment is given Royal Assent?

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question, and to you and other colleagues for highlighting and underlining this important issue and the challenge that we’re facing as a country to do the right thing by way of the aid workers in Afghanistan.

I’m not in a position to answer your question about the specific measures that the Attorney General may or may not be able or willing to take. That the government is seized with this issue and working hard, as you properly underlined, is a matter now of public record. Yes, legislation takes time. The Criminal Code is a blunt instrument. I will certainly make inquiries with the government and try to get an answer. Even if we’ve risen, I will try to get an answer back to you personally as soon as I can.

Senator Omidvar: Thank you, Senator Gold. I feel that the next time I hear the words, “The government is seized with this issue,” I will likely have a seizure.

I understand that it is within the authority of the Attorney General to introduce an interim protective measure. Could you kindly convey this proposal to him on an urgent basis and ask him to consider it? Thank you.

Senator Gold: Well, the answer is, of course, yes. That’s what I undertook to do in response to your question.