A review of Canada’s use of autonomous sanctions under the Special Economic Measures Act (SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA) between 2017-2021
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Date
2022-03-18
Authors
Cherpako, Danielle
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Abstract
The use of autonomous sanctions by Canada and its allies has increased significantly over the last 30 years, yet there is little research that examines how Canada uses these measures and in what circumstances. This thesis asks in what circumstances does Canada resort to using autonomous sanctions measures, and documents how Canada has used the Special Economic Measures Act (SEMA) and the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA)— Canada’s Magnitsky legislation— between 2017-2021. This time scale was chosen because the JVCFOA was adopted in 2017, and at the same time, the SEMA legislation was updated to expand the circumstances in which it can be invoked. Notably, there is a legislated requirement for the committees of the Senate and of the House of Commons that are designated or established by each House to review both pieces of legislation before October of 2022, and the JVCFOA has remained unused in over three years (since November 2018). This research finds that Canada is not using its legislation in a coherent manner, which is exacerbated by a lack of transparency by the Government of Canada in terms of how decisions are made regarding who it targets with sanctions and why. This thesis concludes with policy-relevant recommendations made in three categories: changes to the SEMA and JVCFOA legislation, administrative and legal, and outreach, education, and communication.
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Keywords
sanctions, SEMA, Magnitsky, autonomous sanctions, Canada, human rights, corruption