An Act to amend the Criminal Code and to make consequential amendments to other Acts

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Criminal Code in order to create a regime under which the Minister of Public Safety and Emergency Preparedness may authorize an eligible person to carry out, in a geographic area that is controlled by a terrorist group and for certain purposes, activities that otherwise would be prohibited under paragraph 83.03(b) of that Act (which becomes subsection 83.03(2)). It also makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-41s:

C-41 (2017) Law Appropriation Act No. 1, 2017-18
C-41 (2014) Law Canada-Korea Economic Growth and Prosperity Act
C-41 (2012) Law Appropriation Act No. 3, 2012-13
C-41 (2010) Strengthening Military Justice in the Defence of Canada Act

Votes

June 12, 2023 Passed 3rd reading and adoption of Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-41 aims to amend the Criminal Code to allow Canadian organizations to deliver humanitarian assistance and other services in areas controlled by terrorist groups without fear of prosecution under anti-terrorism laws. It establishes a humanitarian assistance carve-out and an authorization regime to shield eligible organizations from criminal liability, while implementing measures to prevent funds from reaching terrorist groups. The bill also mandates reviews and reports to ensure its effectiveness and address any deficiencies.

Liberal

  • Addressing Afghan crisis: Bill C-41 addresses the crisis in Afghanistan and aims to deliver relief to a country on the brink, responding to calls from Canadian humanitarian aid agencies. The bill includes a humanitarian carve-out.
  • Cross-party collaboration: The bill is the result of cross-party collaborative efforts by the Special Committee on Afghanistan and reflects recommendations from Canadian non-governmental organizations and humanitarian aid agencies. It provides clarity and assurances needed to deliver assistance without fear of violating anti-terrorism laws.
  • Humanitarian aid delivery: Bill C-41 allows registered Canadian organizations to deliver humanitarian assistance and meet the basic needs of the people of Afghanistan without fear of prosecution. It includes a humanitarian assistance carve-out from terrorist financing offences, and an authorization regime to shield organizations from criminal liability.

Conservative

  • Supports the bill: The Conservatives support Bill C-41, recognizing the need to address legal impediments to humanitarian assistance in Afghanistan and areas controlled by terrorist organizations. The party believes that the process of debate and amendment has improved the bill, although it is not perfect.
  • Improvement over status quo: The bill creates exemptions to existing criminal law, which currently hinders Canadian development organizations from working in Afghanistan due to the risk of prosecution. While not perfect, the Conservatives view the bill as an improvement over the status quo and voted for it.
  • Maintaining terrorist listings: The Conservatives support the bill because it allows Canada to maintain terrorist listings, even when terrorist organizations control territory. They believe it is important to continue listing these organizations and to be able to provide assistance to the people in those areas.
  • Strengthens ability to denounce Taliban: The bill would allow Canada to list government-affiliated entities without negatively impacting the flow of development assistance. This would strengthen Canada's ability to denounce and hold accountable terrorist organizations like the Taliban.

NDP

  • Bill's implications are too broad: The bill is intended to provide urgent help to Afghanistan, but it is not contextual to the Afghan crisis. The legislation will impact the international development and humanitarian sectors for decades because it is law.
  • Criminalizes aid organizations: The bill criminalizes international development organizations and it was only through an NDP amendment that humanitarian organizations were exempted. The legislation requires organizations to seek government permission to work in certain areas, undermining their impartiality and independence.
  • Lacks clear definitions: The term "links to a terrorist group" is not defined in the legislation, creating ambiguity and potentially leading to guilt by association. This lack of clarity raises concerns about how security agencies might interpret and apply the term, potentially affecting the work of legitimate organizations and individuals.
  • Policy is vulnerable to weaponization: Government policies could be used differently by future governments and there is a deep concern that a Conservative government could weaponize international development, as they have done in the past. The legislation lacks protection against such actions, raising concerns about potential restrictions on organizations working in specific regions or delays in granting exemptions.

Bloc

  • Supports Bill C-41: The Bloc Québécois supports Bill C-41 as a useful bill that will help make progress in the area of humanitarian aid, expressing happiness at having made a contribution to it.
  • Bill could have been better: While considering Bill C-41 a good bill, the Bloc believes it could have been much better, criticizing the government for an approach based on mistrust and bureaucratic delays in processing authorizations for NGOs.
  • Amendments improved the bill: The Bloc acknowledges that amendments improved the bill by removing obstacles for NGOs, incorporating the principle of wilfully provided illegitimate aid into the Criminal Code, and requiring the minister to inform groups of activities needing authorization.
  • Criticism of government delays: The Bloc criticizes the government for taking almost two years to adopt legislation to help Afghans in need, questioning whether the government prioritizes the situation of Canadians over that of vulnerable people in crisis zones.
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Criminal CodeGovernment Orders

June 9th, 2023 / 1:20 p.m.

Liberal

Taleeb Noormohamed Liberal Vancouver Granville, BC

Mr. Speaker, it is a privilege to rise and speak on Bill C-41. First, I want to begin by thanking all of my colleagues from all parties who have been working hard at this, particularly my colleague from Oakville North—Burlington, who has really made this, in many ways, an important part of all of the work that she has done in Parliament.

I think we should be very proud that we are at this point. One of the first things that was said to me, when I got elected, by an NGO that is doing work in Afghanistan right now is that we need to find a way to unlock this problem for the people of Afghanistan, for women and girls and for the organizations that are trying their best to work under extremely difficult circumstances.

Canadian NGOs have been at the front line of many of the most complicated challenges, the most complicated problems and the most difficult situations and circumstances in Afghanistan. They have been the ones that have been prepared to go to places where many other organizations have not wanted to go. They have been the ones that have been trying to support work in the most complex of circumstances.

Our ability to flow funds, our ability for organizations to do work in those areas and our ability for NGOs to be able to do the work that is required of them is really a matter of life and death. We have heard this throughout this debate. We have heard this throughout all of the speeches that at the forefront of our thinking, the forefront of our concern has to be the most vulnerable in Afghanistan and in other countries where this will apply but, in particular, we have been talking a lot about Afghanistan.

Two-thirds of the country now needs foreign aid to develop and to survive. People have literally had to make life-or-death decisions about whether they keep their children or sell them in order to be able to feed their families. The question of education is one that people would love to be able to even think about, but they are too busy trying to figure out if they are going to be able to eat.

We are at a place now where Bill C-41 finally does what so many have been calling for for so long. We have heard different points of view on whether this is the best route or the perfect route.

As we have learned, there is no perfect bill, but we are in a place now where we have the opportunity, as a Parliament, to tell the world that Canada is not only going to be there, that we are not only going to continue the work that we have historically done, but we are now going to make it possible for these NGOs to do the work that, in many ways, was made impossible not by design but by circumstance.

The fact that the Taliban took the decision to enforce legislation governing taxation of NGOs put so many people at risk of criminal liability. What this meant was that organization upon organization had to make the difficult decision of how they were going to engage, whether they were going to take the risks that involved.

This has led to an unprecedented economic humanitarian crisis in Afghanistan. We are talking about 20 million people at risk.

Being able to pass this bill, making sure that we come together to get this over the finish line, to send a clear message that Canadian NGOs will be able to do the important work that they need to do, is something that I think we should all be proud of and that we should all do together.

Criminal CodeGovernment Orders

June 9th, 2023 / 1:25 p.m.

The Deputy Speaker Chris d'Entremont

It being 1:25 p.m., pursuant to order made on Thursday, June 8, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of third reading of the bill now before the House.

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

Criminal CodeGovernment Orders

June 9th, 2023 / 1:25 p.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I request a recorded division.

Criminal CodeGovernment Orders

June 9th, 2023 / 1:25 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to order made on Thursday, June 23, 2022, the division stands deferred until Monday, June 12, at the expiry of the time provided for Oral Questions.

The hon. parliamentary secretary to the government House leader is rising on a point of order.

Criminal CodeGovernment Orders

June 9th, 2023 / 1:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I suspect if you were to canvass the House, you would find unanimous consent at this time to call it 1:30 p.m., so we can begin private members' hour.

Criminal CodeGovernment Orders

June 9th, 2023 / 1:25 p.m.

The Deputy Speaker Chris d'Entremont

Does the hon. parliamentary secretary have unanimous consent to see the clock at 1:30 p.m.?

Criminal CodeGovernment Orders

June 9th, 2023 / 1:25 p.m.

Some hon. members

Agreed.

The House resumed from June 9 consideration of the motion that Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, be read the third time and passed.

Criminal CodeGovernment Orders

June 12th, 2023 / 4:05 p.m.

The Speaker Anthony Rota

Pursuant to order made Thursday, June 23, 2022, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C-41.

(The House divided on the motion, which was agreed to on the following division:)

Vote #371

Criminal CodeGovernment Orders

June 12th, 2023 / 4:15 p.m.

The Speaker Anthony Rota

I declare the motion carried.

(Bill read the third time and passed)