Close arms export loopholes

AI summary

Petitioners ask Parliament to close loopholes in Canada’s arms-export laws, remove the U.S. exemption and tighten oversight. The government responds that permits are assessed under ATT criteria and refused if substantial misuse risk exists.

AI summaries describe petitioners’ requests and claims. Consult the official record for the full text.

Official petition

Petition to the House of Commons WHEREAS Canada acceded to the Arms Trade Treaty in 2019, committing to prevent the transfer of arms where there is a substantial risk they could be used in human rights abuses, war crimes, or crimes against humanity; A significant loophole in Canada's export laws currently allows Canadian-made weapons, parts and components to be exported to the United States, from where they may be transferred to third countries engaged in armed conflict or with records of grave human rights violations; This loophole undermines Canada's international commitments, risks making Canada complicit in human rights abuses abroad, and allows Canadian arms to be used in conflicts against civilians; International bodies including the UN Human Rights Council and independent UN experts have called on all states to halt arms transfers when there is a substantial risk of their use in violations of international humanitarian law. We, the undersigned, Citizens and residents of Canada, call upon the House of Commons to: Enact legislation to close existing loopholes in Canada's arms export laws, including removing exemptions for the United States, strengthening oversight, and ensuring that Canadian arms are never used to commit or facilitate human rights abuses.

Government response

Response by the Minister of Foreign Affairs Signed by Parliamentary Secretary Rob Oliphant Canada's export control regime is one of the strongest in the world, and respect for human rights is at its foundation. Export permit applications for controlled items are evaluated on a case-by-case basis under a robust risk assessment framework that draws on experts across the government and diplomatic missions abroad to ensure consideration for local and regional security risks. Under the Export and Import Permits Act, there is a legal requirement that export permit applications for arms, ammunition, implements or munitions of war be assessed against mandatory criteria, which include the Arms Trade Treaty criteria. In particular, Canada’s regime carefully assesses potential human rights violations. Under Canadian law, the Minister of Foreign Affairs must deny an export permit for military items if, after considering available mitigating measures, they determine that there is a substantial risk that the proposed export would result in any of the negative consequences referred to in the Arms Trade Treaty assessment criteria, including serious violations of international human rights law or international humanitarian law. Canada came into full compliance with the Arms Trade Treaty with the passage of Bill C-47 in 2018. Canada’s already strong export control system was enhanced in rigour and transparency by amendments to Canada’s Export and Import Permits Act that implemented the Arms Trade Treaty in 2019, going beyond the Treaty’s requirements in terms of scope of the goods and technologies. In fact, Canada submitted annual public reports on military exports to Parliament for more than 30 years before it became a legal requirement in 2019. The House of Commons recently had the occasion to debate expanded measures related to arms exports in Private Member’s Bill C-233, but this proposed legislation was defeated at Second reading. The Government of Canada maintains a strong export control system to prevent the misuse of weapons anywhere and everywhere. Canada assesses destination countries based on factors such as the strength of their export control systems and the potential risk of diversion, consistent with how its allies operate. Canada cooperates with other states to uphold the responsible export of military equipment and prevent diversion, including through its active membership in the four main multilateral export control regimes, which include the Wassenaar Arrangement, the Missile Technology Control Regime, the Nuclear Suppliers Group and the Australia Group. Canada’s export control regime seeks to ensure that exports of controlled items are consistent with Canada's foreign and defence policies. Canada’s Export Control List identifies specific goods and technology that require a permit to be exported, using carefully selected technical parameters based on Canada’s international obligations and agreements. Canada has suspended or revoked permits when credible evidence of misuse has emerged. Any violations of the Export and Import Permits Act are taken extremely seriously and may result in enforcement actions, including seizure of goods and potential criminal prosecution leading to fines or imprisonment.