Hon. Salma Ataullahjan: Honourable senators, I rise today to speak on Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, which would amend the Criminal Code to allow the provision of international assistance and immigration activities in areas controlled by terrorist groups.

Without this bill, humanitarian aid agencies would run the risk of breaking the law by attempting to provide aid within Afghanistan. Section 83.03(b) of the Criminal Code holds that every person is guilty of an indictable offence, making a person liable to imprisonment for a term of not more than 10 years, if they directly or indirectly collect, provide property, financial aid or other services knowing that they will, in part or in whole, benefit a terrorist group.

The revised version of Bill C-41 aims to allow humanitarian aid agencies to provide life-saving food, shelter and health care in any geographic area controlled by terrorist groups without a team of lawyers.

Before I go any further, I would like to take a moment to thank my colleague Senator Omidvar for her continued efforts to help Afghans through Lifeline Afghanistan. Thank you to Senator Jaffer for her commitment to the people of Afghanistan, and thank you, Senator McPhedran.

I would also like to thank my colleagues on the Senate Human Rights Committee for their work on the issue. As Senator Omidvar mentioned, the committee presented a timely and practical report in December 2022, and many of the recommendations are reflected in the amended version of Bill C-41.

Today, I would like to echo the sponsor’s support for Bill C-41, especially with its proposed amendments. Enough time has been lost since the Taliban took Kabul by force, and our priority should be to provide vital humanitarian assistance to starving Afghans. As it has been so eloquently explained, the amendments to the bill are critical to reducing the burden on humanitarian actors.

Colleagues, as many of you may know, Afghanistan has always held a special place in my heart. As a young child growing up in Peshawar, Pakistan, there were few things I would look forward to more than a journey to Kabul. I have fond memories of summers spent in Afghanistan where the people were generous, the landscapes breathtaking and the food incomparable. The Afghanistan of my youth was a laid-back, fun society where men and women were free to enjoy restaurants, discos — that’s what they called them then — and open-air theatres. There were gardens everywhere, filled with families coming together to enjoy spending time in nature. Women had a very visible presence in every place in society, and it was common to see women owning businesses.

But life for the people of Afghanistan has changed due to the Soviet invasion in 1979. Since then, peace has eluded Afghanistan. Decades of war have taken its toll.

Currently, the country is facing an unprecedented humanitarian crisis. Two thirds of the country’s population will need humanitarian assistance this year alone, and nearly 95% of Afghans are malnourished. According to Ramiz Alakbarov, the UN Deputy Special Representative, Resident and Humanitarian Coordinator for Afghanistan, “The fate of an entire generation of Afghans is at stake.” Women and girls have been completely erased from society — being denied education, employment and freedom of movement because of their gender.

This is not the first time I have risen in this chamber to share my concerns for the people of Afghanistan. In February, I urged the government to help Afghans dying from the cold and hunger during one of the harshest winters that Afghanistan has seen in years. In March of last year, I spoke of the looming famine for 24 million Afghans, forcing many to sell a kidney, or worse, their daughters, as Senator Jaffer just mentioned. In November 2021, I expressed the heartbreak I felt upon witnessing the despair of Afghans left behind, and the complete erasure of women and the arts from public life.

Even as a new senator in 2010, I proposed a study on the role of the Canadian government in supporting women’s rights after ending combat operations in Afghanistan. The committee recommended concrete ways that Canada could make the advancement of women’s rights a fundamental element of its approach to Afghanistan post-2011.

More recently, the Standing Senate Committee on Human Rights presented a report on humanitarian assistance to Afghanistan, more specifically on how Canada’s terrorism financing laws affect the delivery of aid to vulnerable people in Afghanistan. The committee heard from key stakeholders who explained that, because of section 83.03(b) of the Criminal Code, crucial services were put on pause. This included services, such as midwives in remote areas, shipments of aid and supplies aging in warehouses. Martin Fischer from World Vision Canada shared with the committee that an overly restrictive interpretation of section 83.03(b) ultimately only penalized the most vulnerable people in Afghanistan, including the women and girls that Canada’s Feminist International Assistance Policy is meant to protect.

The committee put forth five recommendations, including that the Department of Justice urgently introduce legislation to create an explicit humanitarian exemption to section 83.03(b) of the Criminal Code, clarifying that legitimate humanitarian aid — absent of any terrorist intent — that results in an incidental benefit to a terrorist group would not fall within the ambit of this provision.

Colleagues, I am glad to see that the amended version of Bill C-41 includes a humanitarian carve-out proposed by the NDP, but I wish to remind you that over a year ago, Canada’s allies, such as the U.S., the U.K., the European Union and Australia, had already issued blanket exemptions for humanitarian aid workers. NDP foreign affairs critic Heather McPherson stated:

Canada’s the only one that put barriers up for humanitarian organizations, instead of making it easier for them to be on the ground doing the work helping Afghans.

Although I fully support Bill C-41, I must share some of my concerns about this legislation. Fortunately, I believe they are completely avoidable with enough preparation and foresight. As you are now aware, Bill C-41 offers two pathways for humanitarian organizations to provide aid in areas controlled by terrorists. The humanitarian exemption protects impartial humanitarian organizations from Canada’s anti-terrorism laws without having to seek authorization from the government. For permissible development activities, eligible persons and organizations must seek authorization by the government to be shielded from criminal liability. To this end, the Minister of Public Safety must provide, upon request, information to organizations and persons wondering if they require such an authorization from the government.

However, I learned that some administrative details have not yet been defined, as it is not clear how organizations are meant to contact the minister. It was suggested that it may be a process similar to requesting that one’s name be taken off the no-fly list: contacting the minister’s office by email. If the issues that we have heard about this process are indicative of the efficiency of such a process, I believe there is room for improvement. As for the availability of information for potential applicants, Richard Bilodeau, Director General of Public Safety Canada, shared that it should eventually be found on a website, but nothing has been set in stone yet.

I understand that the amendments to this bill may have taken offices by surprise, but I am concerned that the necessary additional staff have not yet been hired to analyze incoming applications as soon as Bill C-41 receives Royal Assent.

I also asked Minister Mendicino about the projected timeline for processing and analyzing applications. I was informed that it would be on a case-by-case basis, as security reviews can take longer for organizations that they are less familiar with. I suggested to the minister that they might find a way to fast-track these assessments for certain organizations, such as the Red Cross, World Vision and Doctors Without Borders, to hasten the process and get humanitarian organizations in Afghanistan as quickly as possible.

Again, I must stress that these issues can be resolved, and that the government’s latest budget included funding to staff affected offices. Indeed, the current version of Bill C-41 may not be perfect, but as Dr. Erica See, Senior Legal Counsel at the Canadian Red Cross, shared during the Human Rights Committee’s pre-study on the bill:

. . . it is what’s needed to give the humanitarian sector a path forward — a door, if you will — to provide humanitarian assistance in contexts like Afghanistan.

Honourable senators, it is heartwarming to know that all the parties in the other place worked in committee to make Bill C-41 a better bill than what was introduced at first reading. Senators, as the critic of this bill, I urge you to pass this bill without delay, and to finally give a glimmer of hope to many Afghans.

As Dr. See told the Human Rights Committee on Monday, “Should the bill not pass now, we will see another anniversary in Afghanistan without greatly needed humanitarian support.”

Like Senator Coyle said, manana, tashakor, thank you.