Features of Canada’s Sanctions Legislation and Trends in Sanctions Appeal Jurisprudence

The authors have considered Canada’s sanctions legislation, as well as the jurisprudence of its application. As a result, they have quantified the existing sanctions regimes and made a classification distinction between thematic and regional sanctions. It was found that among the sanctions regime legally formalized in Canada, 5 are thematic sanctions and 25 are regional ones. It is determined that the regulatory framework is formed by 4 laws and 27 by-laws. In addition to direct sanctions restrictions (entry ban, asset freezing), the Canadian system of sanctions provides for related measures such as criminal prosecution for violations of the sanctions regimes and restrictions under the migration law. The authors conclude that the right to judicial review of sanctions in Canadian law is presumed, while administrative appeal is determined by specific regulations. Canadian courts in sanctions appeals focus more on the legality of the acts themselves and move away from the question of the actual violation of the rights and legitimate interests of the sanctioned persons, as well as the proportionality of the measures taken and the reasons for the listing. The amendments to the Canadian legislation adopted in April 2022 effectively legalized the confiscation of property under the sanctions restrictions, which was the world’s first departure from the classic formula of blocking assets while retaining the property rights of the sanctioned person. The authors conclude that the innovation is legally weak and that it is highly likely to be subject to judicial appeal.

1. Andreas P. (2005). Criminalizing consequences of sanctions: Embargo busting and its legacy. International Studies Quarterly. Vol. 49, no. 2, pp. 335–360.

2. Arapova E.Ya., Kudinov A.S. (2022). Features of sanctions regulation in the US, EU and UK: comparative analysis.Polis: Political Studies. No. 6, pp. 151–165 (in Russian). DOI: 10.17976/jpps/2022.06.11.

3. Blanchard J.-M.F., Ripsman N.M. (1999). Asking the right question: When do economic sanctions work best? Security Studies. Vol. 9, no. 1, pp. 219–253.

4. Buys C.G. (1999). United States Economic Sanctions: The Fairness Of Targeting Persons From Third Countries. Boston University International Law Journal. Vol. 17, no. 2, pp. 54–55.

5. Charron A. (2019). Expert Roundtable on Canadian Economic Sanctions: Summary of Findings and Recommendations. University of Manitoba, 16 pp. Available at: https://umanitoba.ca/arts/sites/arts/files/2022-07/Canadian-Economic-Sanctions-Nov-2019.pdf, accessed 08.09.2023.

6. Ispolinov A.S. (2013). Court of Justice of the European Union, Yassin Kadi and Article 103 of the UN Charter. Russian Juridical Journal. No. 6 (93), pp. 27–35 (in Russian).

7. Kriminalizatsiya i dekriminalizatsiya… (2018). Kashepov V.P. (ed.). Criminalization and decriminalization as forms of transformation of criminal legislation. Moscow: Yuridicheskaya firma KONTRAKT, 280 pp. (in Russian).

8. Kochler H. (2019). Sanctions and international law. International Organisations Research Journal. Vol. 14, no. 3, pp. 27–47 (in Russian). DOI: 10.17323/1996-7845-2019-03-02.

9. Marchenko M.N. (2017). Judicial Law-making and Judicial Law: A Textbook. Moscow: Prospekt, 447 pp. (in Russian).

10. Nesbitt М. (2017). Canada’s “Unilateral” Sanctions Regime Under Review: Extraterritoriality, Human Rights, Due Process, and Enforcement in Canada’s Special Economic Measures Act. Ottawa Law Review. Vol. 48, no. 2, pp. 509–576.

11. Niederberger А., Biersteker Т. (2022). UN Individual Sanctions Listing and Delisting Patterns and Their Interaction with Autonomous Measures: Considerations for Mediators. New York: United Nations University, 67 pp.

12. Rosen A. (1993). Canada’s Use of Economic Sanctions for Political and Human Rights Purposes. University of Toronto Faculty of Law Review. Vol. 51, Winter, pp. 2–53.

13. Silaeva V.A. 2021. The effectiveness of sanctions in international politics. Vestnik MGIMO. Vol. 14, no. 4, pp. 136–153 (in Russian). DOI: 10.24833/2071-8160-2021-4-79-136-153.

14. Timofeev I.N. (2019). Why are secondary sanctions effective? Experience of coercive measures by US authorities against American and foreign businesses. International Trends. Vol. 17, no. 3 (58), pp. 21–35 (in Russian). DOI: 10.17994/IT.2019.17.3.58.2.

15. Timofeev I.N. (2022). Questionable effectiveness? Sanctions against Russia before and after February. Rossiya v global`noj politike. Vol. 20, no. 4, pp. 136– 152 (in Russian). DOI: 10.31278/1810-6439-2022-20-4-136-152.