Holding Canadian Foreign Fighters Accountable: Strengthening Our Laws to Prevent Impunity
See our full report here from Sarah Teich and David Matas.
Our Mission
Our organization is developing legislation to ensure returning foreign fighters are held accountable for their crimes. Canadians who joined terrorist organizations like ISIS and engaged in atrocities must not evade justice when they return. Current laws have gaps that allow impunity, and we are advocating for stronger measures to close them.
Why This Matters
- Over 180 Canadians joined foreign terrorist groups, and at least 60 have returned.
- Existing laws do not criminalize terrorist group membership, allowing some fighters to return without prosecution.
- Private prosecutions require government approval, which can be denied without explanation or oversight.
- Civil lawsuits for victims are limited, and securing compensation is difficult.
- Canada must prioritize criminal prosecution over deportation or passport revocation to ensure accountability.
Our Policy Recommendations
To strengthen Canada’s legal framework, we propose the following reforms:
- Criminalize Membership in a Terrorist Organization
- Amend Part II.1 of the Criminal Code to make it illegal to join a terrorist group, following Nuremberg Tribunal precedent.
- Exempt individuals who were coerced or unaware of the group’s purpose.
- Modernize Canada’s Treason Laws
- Align Canada’s laws with Australia’s approach, ensuring foreign fighters who betray Canada are properly prosecuted.
- Ensure the Attorney General’s Decisions on Private Prosecutions Are Transparent
- Require clear, public guidelines on when private prosecutions will be allowed.
- Allow judicial review if approval is denied.
- Increase Funding for War Crimes Prosecutions
- Expand the Department of Justice’s War Crimes Section to support investigations and prosecutions of returning foreign fighters.
- Empower Victims to Seek Justice
Strengthen the Justice for Victims of Terrorism Act (JVTA) to make it easier for victims to sue perpetrators.- Provide financial and legal support for victims pursuing civil lawsuits.
Take Action
We are working with lawmakers, legal experts, and security professionals to develop policies that protect Canadians and ensure justice for victims of terrorism. Join us in advocating for stronger laws—because impunity is not an option.