Sanctions Listing for Haiti Human Rights Violators

Summary#

These final rules amend the Special Economic Measures (Haiti) Regulations to allow Canada to list people who have taken part in gross and systematic human rights violations in Haiti. The change adds four named individuals to the sanctions list, making it illegal to deal with them and rendering them inadmissible to Canada. The regulations were registered on June 21, 2023 and published on July 5, 2023.

What it does#

• Adds a new ground for listing people in the Special Economic Measures (Haiti) Regulations: anyone who “has participated in gross and systematic human rights violations in Haiti.”
• Adds these four people to the regulations’ schedule (Part 3):
  • Joseph Wilson (also known as Lanmo Sanjou)
  • Vitel’homme Innocent
  • Johnson André (also known as Izo)
  • André Apaid
• Applies a broad ban on dealings with the listed people. That means people and businesses in Canada, and Canadians and Canadian entities abroad, are prohibited from:
  • dealing in the listed persons’ property;
  • entering into transactions with them;
  • providing financial or related services to them;
  • otherwise making goods or services available to them.
• The listed people are also made inadmissible to Canada under the Immigration and Refugee Protection Act.
• Enforcement and penalties noted in the Gazette include fines and jail time for knowing breaches: up to $25,000, up to one year on summary conviction, or up to five years on indictment. The Royal Canadian Mounted Police and the Canada Border Services Agency have roles in enforcement.

Who's affected#

• The four named individuals listed above.
• Canadian banks and other financial institutions that must screen customers and block prohibited dealings.
• Any person or business in Canada, and Canadians or Canadian businesses abroad, who might consider doing business with the listed individuals.
• Businesses that previously did legitimate business with the listed people (the notice says one listed individual is involved in factories that supply the Canadian textile industry).
• People in Haiti targeted by the sanctions’ goal — the measures are aimed at those who support or protect criminal gangs and those who commit large-scale human rights abuses.
• It is unclear from the notice whether the measures will directly affect civilians in Haiti beyond the intended pressure on listed individuals.

Why it matters#

• The measures cut off listed people from Canadian financial and commercial dealings and from entering Canada. That can freeze assets, stop transactions, and limit travel.
• The government aims to pressure people who support violent gangs and those responsible for serious human rights abuses in Haiti, with the stated goal of reducing violence and protecting vulnerable people, including women and girls.
• For ordinary Canadians, the practical effects are mostly compliance tasks for banks and possible small administrative costs for businesses. For people in Haiti, the intended benefit is increased international pressure on people accused of enabling or committing large-scale violence.
• The notice says these targeted sanctions are meant to limit collateral harm compared with broad country-wide sanctions, but the real-world effects (positive or negative) on communities in Haiti are uncertain and depend on how the measures are followed and enforced.