Canada’s response to the Islamic Republic of Iran

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Political situation

The Islamic Republic of Iran has a long-standing history of abhorrent conduct, both domestically and internationally. For years, the Iranian government has denied its citizens their human rights and fundamental freedoms, and it has undertaken actions that seriously threaten global peace and security.

Within Iran, the human rights situation remains dire. The Iranian government has imposed a system of extensive and systematic repression aimed at containing the legitimate aspirations of the Iranian people, including women and girls, ethnic and religious minorities, human rights defenders, and journalists.

Iran’s violent enforcement of its mandatory veiling laws led to the tragic death of Jina Mahsa Amini, a young Kurdish-Iranian woman, on September 16, 2022, which sparked global protests under the banner “Women, Life, Freedom.” In response to mass-protests, Iran engaged in a violent crackdown with brutal force, arrests, and in some cases, executions. In addition, the Islamic Republic of Iran has increased its imposition and carrying out of the death penalty in recent years. The Iranian government shows no signs of easing these repressive and deeply concerning practices or undertaking credible investigations into allegations of human rights violations.

Canada is also concerned by Iran’s actions threatening international peace and security. Iran contributes to regional destabilization through the so-called “Axis of Resistance,” a network of aligned armed groups including Hamas, Palestinian Islamic Jihad, the Houthis, Hizballah, and Iran-aligned militias in Iraq and Syria. Iran’s support for these groups includes funding, arms provision, and training. This network of armed groups is a core part of Iran’s forward defence strategy, as it provides a security buffer between Iran and its adversary states, especially Israel. Iran’s development of missile capabilities and unmanned aerial vehicles (UAVs) has also contributed to global destabilization; Iran is a significant supplier of UAVs to Russia in support of its unlawful war on Ukraine. Iran’s support for the Houthis has enabled them to target international shipping, causing major trade disruptions worldwide.

Human rights violations

Canada is deeply concerned by the Iranian government’s repressive policies, human rights violations and escalatory behavior, both domestically and abroad. Recent reporting by United Nations (UN) experts, including the UN Secretary-General and the UN Special Rapporteur on Iran, detail worsening trends for the human rights of women and girls, ethnic and religious minorities, freedoms of expression, religion, and peaceful assembly, as well as concern for the government’s use of the death penalty, arbitrary arrest and detention, and torture, among other issues. The Iranian government’s violent enforcement of discriminatory veiling laws aimed at further subjugating Iranian women and girls led to largescale protests that began on September 16, 2022.

The Independent International Fact-Finding Mission on Iran released its report in March 2024, affirming that Iranian authorities had committed egregious human rights violations, including unlawful deaths, extra-judicial executions, disproportionate force, arbitrary arrests and detention, torture and ill-treatment, rape and sexual violence, enforced disappearances and gender persecution.

Canada is an unwavering advocate for human rights in Iran and has led the UN General Assembly resolution on the situation of human rights in the Islamic Republic of Iran since 2002. This resolution was most recently adopted in December 2023 with 50 cosponsors. This resolution is a key component of international efforts to maintain pressure on the Government of Iran and underscore solidarity with the Iranian people as they demand gender equality, truth, justice, and full respect for their human rights. Canada also supports human rights initiatives related to Iran at the UN Human Rights Council (HRC), such as the work of the UN Special Rapporteur on Iran to monitor and document the situation of human rights in Iran, and the mandate of the Independent International Fact-Finding Mission on Iran. In March 2024 at the 55th session, Canada worked with member states of the HRC to extend the mandates of both of these human rights mechanisms for another year.

In response to the global call to action by Iranian women and girls, Canada also voted with members of the UN Economic and Social Council in December 2022 to successfully remove Iran from the UN Commission on the Status of Women for the remainder of its 2024-2026 term.

Canada will continue to explore opportunities to hold the Government of Iran accountable for its human rights violations. We stand with the people of Iran as they demand full respect for their human rights.

What Canada is doing

Canada has undertaken extensive measures to hold the government of Iran to account for its abhorrent conduct.

Measures in response to Iran’s support of terrorism

In 2012, Canada designated the Islamic Republic of Iran as a State Supporter of Terrorism under the State Immunity Act, and has maintained the Islamic Republic of Iran on the list through every biannual review cycle since 2012. In concert with the Justice for Victims of Terrorism Act, this listing allows victims to bring a cause of action (e.g. civil litigation) against perpetrators of terrorism and their supporters for loss or damage from an act of terrorism committed anywhere in the world.

In 2022, Canada designated the leadership of the Iranian government, including senior officials of the government, security and intelligence agencies as inadmissible to Canada for their engagement in terrorism and systemic and gross human rights violations. This designation is pursued under the Immigration and Refugee Protection Act (IRPA). It is a broadly applied mechanism aimed at ensuring that senior government officials who served from November 15, 2019, onward do not benefit from access to Canada. Members of the IRGC are also inadmissible to Canada under an additional provision of the IRPA. Under the designation, visas have been cancelled, investigations launched, and admissibility hearings completed.

Additionally, Canada has taken domestic legislative action to criminalize support to terrorist entities, including those who are supported by Iran:

In 2024, Canada listed the Islamic Revolutionary Guard Corps (IRGC) as a terrorist entity under the Criminal Code, in response to its terrorist acts both, on its own and in knowing association with listed terrorist entities, such as Hizballah and Hamas. Canada remains gravely concerned by the Islamic Republic of Iran’s actions and condemns their efforts to further destabilize peace and security across the Middle East. The Criminal Code terrorist listing regime is an important tool for countering terrorism in Canada and globally, and listing the IRGC reflects the government's commitment to keep people in Canada safe.

In 2012 Canada listed the IRGC’s Qods Force as a terrorist entity under the Criminal Code. The Qods Force is responsible for Iran’s extraterritorial operations, which include orchestrating, facilitating or supporting numerous terrorist acts in the region.

Canada has also listed a number of terrorist entities who have benefited from the Qods Force’s provision of arms, funding and paramilitary training, including Hizballah, Hamas, the Palestinian Islamic Jihad, and the Taliban, as well as three groups supported by Iran. These groups are the Al-Ashtar Brigades, the Fatemiyoun Division, and the Harakat al-Sabireen. Listed entities are considered “terrorist groups” under the Criminal Code and financial institutions are required to immediately freeze their property in Canada under the Criminal Code.

There are severe penalties under the Criminal Code for any person in Canada, as well as every Canadian abroad, who knowingly deals with the property of a terrorist group. In addition, Canada’s Criminal Code prohibits a person from providing property, or financial or other related services, knowing it will benefit or be used by a terrorist group, which includes a listed entity.

Sanctions

Canada created the Special Economic Measures (Iran) Regulations (the Iran Regulations), pursuant to the Special Economic Measures Act (SEMA) in July 2010 in response to Iran’s grave breach of international peace and security that resulted or was likely to result in a serious international crisis, in particular related to Iran’s nuclear program. Canada established these new Regulations in coordination with the European Union, the United States and other like-minded partners. Canada amended the Iran Regulations in response to the rapid deterioration of human rights in Iran that started in September 2022. To date, Canada has listed a total of 450 Iranian individuals and entities under the Iran Regulations. On December 7, 2023, Canada also listed two Iranian individuals under the Justice for Victims of Corrupt Foreign Officials Regulations in relation to the torture and killing of Iranian-Canadian photojournalist Zahra Kazemi in Iran in 2003. Sanctions were also enacted under the United Nations Act (UNA) in response to Iran's nuclear and weapons of mass destruction programs, implementing United Nations Security Council Resolutions related to Iran.

Canada reviews its sanctions on an ongoing basis and takes action as needed. Canada has sanctioned the IRGC and specific multiple branches of the IRGC, including the IRGC Air Force, IRGC Logistics and Procurement, IRGC Missile Command, IRGC Navy, and the IRGC Cyber Command, as well as the members of the IRGC senior leadership. Canada continues to coordinate with its allies and partners on sanctions measures.

The sanctions implemented under the SEMA, the UNA and the JVCFOA prohibit all persons in Canada and Canadians outside of Canada from dealing with all designated individuals and entities, effectively freezing any of their assets held in Canada. Sanctions under the SEMA and the UNA also impose a range of measures including an arms embargo, export and import restrictions, financial prohibitions, and technical assistance prohibitions.

On October 18, 2023, Canada rolled over expiring provisions and sanctions under UN Security Council Resolution 2231 pertaining to Iran’s nuclear and ballistic missile programs into Canada’s autonomous sanctions legislation.

All individuals who are the subject of Canadian sanctions are inadmissible to Canada. Aligning the grounds for inadmissibility with the grounds for sanctions is another concrete step Canada has taken, though Bill S-8, which came into force in June 2023.

Nuclear program monitoring

At the International Atomic Energy Agency (IAEA), Canada consistently calls on Iran to fulfill its commitments and legal obligations, including at IAEA Board of Governors meetings. Canada is a leading contributor to the IAEA’s monitoring and verification of Iran’s nuclear program, having contributed $21 million since 2014.

Countering Iran’s influence in the Red Sea region

Canadian Armed Forces (CAF) are supporting multinational efforts to protect commercial shipping lanes in light of heightened aggression and attack from the Houthis in Yemen, who are supported and armed by Iran. Canada supports the US-led Operation PROSPERITY GUARDIAN -- the new security initiative launched in December 2023 to address security challenges in the Red Sea and the Western Gulf of Aden.

Export controls and trade

Respect for human rights is enshrined in Canada’s export controls legislation and is a cornerstone of its export controls regime. Canada’s export controls regime is designed to control the exports of military, dual-use and strategic goods and technology in a lawful manner and consistent with Canada’s foreign and defence policies, security interests and international obligations. All permit applications for controlled items are reviewed on a case-by-case basis under Canada’s robust risk assessment framework, including against the Arms Trade Treaty (ATT) criteria which are enshrined in Canada’s Export and Import Permits Act (EIPA). Under Canadian legislation, controlled goods and technology will not be exported from Canada where there is a substantial risk that they could be used to commit or to facilitate serious violations of international humanitarian law, international human rights law, or serious acts of gender-based violence or violence against women and children, amongst other criteria. Additionally, Canada does not promote trade with Iran and Global Affairs Canada officials routinely discourage Canadian businesses from entering the Iranian market by outlining legal, reputational and security risks. Overall, Canadian trade with Iran amounts to less than $300 million annually and is mainly in the market of agricultural goods.

Flight PS752

The downing of Ukraine International Airlines Flight PS752 on January 8, 2020, which caused the deaths of 176 passengers and crew, including 55 Canadian citizens, 30 permanent residents, and many others with ties to Canada, and Iran’s unwillingness to take full legal responsibility for its actions continues to be an overarching irritant between Canada and Iran. Obtaining transparency, justice and accountability for the downing of Flight PS752 continues to be a top foreign policy priority for Canada. Canada, with its Coordination Group (CG) partners (the UK, Ukraine, and Sweden), work together to hold Iran accountable for its downing of Flight PS752.

Canada and its CG partners have recently taken their dispute with Iran to international adjudicating bodies. On July 4, 2023, the group jointly filed an application instituting proceedings against Iran before the International Court of Justice (ICJ) concerning its violations of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971 Montreal Convention). On January 8, 2024, Canada and its CG partners also jointly initiated proceedings against Iran before the International Civil Aviation Organization (ICAO) regarding violations of Article 3 bis of the Convention on International Civil Aviation (Chicago Convention).

These cases are anticipated to progress according to the timelines set by the respective international bodies and will likely take several years before a resolution is reached. Canada and its partners continue to call on Iran to take full responsibility for its actions, including making reparations for the harm caused because of the downing.

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