Bill C-353, An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act
Bill C-353, known as the Foreign Hostage Takers Accountability Act, is a legislative initiative co-authored by Secure Canada to enhance Canada’s response to foreign hostage-taking and arbitrary detention of Canadian nationals and eligible protected persons abroad.
The bill empowers the Canadian government to impose restrictive measures against foreign nationals, states, or entities involved in such acts, and mandates the Minister of Foreign Affairs to provide timely assistance to affected families and establish programs that encourage cooperation for the release of detainees.
Why Canada Needs Hostage Taking Legislation
- Hostage taking is an increasingly popular tool in the terrorist and criminal arsenal.
- This practice has become almost normalized as a form of “diplomacy” employed by authoritarian regimes like Iran and China against western countries like Canada, Britain, and Australia; we need only look at China’s detention of Michael Kovrig and Michael Spavor to understand the severity.
- The absence of any real consequences means there is every incentive for this tactic.
- This low-cost high-yield tactic enables these regimes to inflict harm on democratic governments; extract political concessions; and promote their brands to both domestic and foreign audiences.
The government’s policy towards families of hostages is unsupportive and outdated.
A shocking eight-part Toronto Star investigation into the subject in 2016 revealed that government policy towards families in hostage situations is distressing. Following the expose, the only adjustments the government made was to provide “comfort letters” to families, tell them they will not be prosecuted criminally if they hire a negotiator, and designating them two RCMP liaison officers.
Our Rationale in the National Post. Our report breaking down the issue.
Bill Trajectory
Introduced in the House of Commons on September 19, 2023, by MP Melissa Lantsman, Bill C-353 successfully passed its second reading on June 5, 2024, and was subsequently referred to the Standing Committee on Foreign Affairs and International Development for further examination.
The bill will require amendments to continue its way through the democratic process, and Secure Canada will work alongside policymakers to make changes that reflect useful testimony for the bill’s revival in a new session.
How the Bill Works
Part One:
- Empowers Canada to impose sanctions against foreign states and foreign nationals that engage in, or are complicit in, the hostage-taking of Canadian nationals. The types of sanctions that would be available mirror those that Canada uses in its Magnitsky Act.
- Enables Canada to apply these provisions when nationals of other countries are taken hostage. This creates a framework to expect similar support from others when Canada is facing a similar challenge.
- Doesn’t make imposing sanctions under the Act mandatory, allowing Canada the flexibility to react according to the best interests of each particular hostage situation.
Part Two:
- Provides a framework to ensure that the families of hostages receive consistent and reliable governmental support.
- Imposes obligations to this effect on the government of Canada – to communicate with the families, to direct them to appropriate resources and support including mental health support, and to assist them in acquiring relevant information.
- This Part is partially inspired by, and responds to, a Toronto Star investigation from 2016 that exposed the inadequate nature of the government’s communication with families of hostages.
Part Three:
- Enables increased multilateral and bilateral cooperation, as well as cooperation with foreign nationals to successfully resolve Canadian hostage cases.