Russia is a state that supports terrorism because it supports both individuals and entities that have carried out terrorist activities and that it itself engages in such activities.
Indeed, Russia’s military and state-sponsored mercenaries resort to summary executions, torture, sexual violence, starvation, nuclear slashing and targeted missile and kamikaze drones against hospitals, schools, religious buildings, cultural sites, railway stations, residences and essential civilian infrastructure, to cut off access to gas, electricity, food, to water and the internet with the clear aim of terrorizing the Ukrainian population into submission.
Russia has not succeeded in this odious step since the people of Ukraine are united in a common cause of defending the territorial integrity of Ukraine and European values, and fully supports the armed forces of Ukraine in their battle heroic against the Russian aggressor.
However, Russia must be held accountable and punished for its flagrant violations of international law and universally accepted principles of justice, and Canada must ensure that states that support terrorism, such as Russia, are not unduly protected. against the victims of their terrorism in Canadian courts.
Canada has already imposed sanctions on Russia under the Special Economic Measures Act in response to Russia’s grave violation of Ukraine’s sovereignty and territorial integrity. This law provides for a freezing of assets and a ban on carrying out transactions with sanctioned persons and entities.
Russia’s assets must not only be frozen, but must also be available to compensate Ukraine and its people for the enormous damages Russia has caused since its unprovoked war against Ukraine began in 2014.
In order to allow victims of crimes committed by Russia to claim damages and have them enforced against Russian assets frozen under the Special Economic Measures Actvictims will have to bring legal action against the Russian Federation in Canadian courts.
Under the State Immunity Act however, when foreign states are sued in Canada, Canadian courts must uphold the rights of immunity afforded to a sovereign state, even if that state takes no action in those legal proceedings.
Fortunately, this law also provides a few notable exceptions, including with respect to a foreign state that supports and engages in terrorist activities.
Indeed, the State Immunity Act stipulates that such a state does not enjoy immunity from jurisdiction in actions brought against him for having supported terrorism on 1er January 1985 or after “.
On November 23, 2022, the European Parliament adopted a resolution stating that it recognizes “Russia as a State promoting terrorism and as a State which uses terrorist means ».
On January 30, 2023, the House of Commons of Canada passed a motion stating that “given reports of human rights abuses and attacks on civilians in Ukraine and other parts of the world by the Russian-backed Wagner Group, the House calls on the government to immediately designate the Wagner Group as a terrorist entity “. The next day, the Senate of Canada also adopted such a motion.
In addition, on January 30, 2023, Canadian MP Larry Brock presented Petition No. 441-01073 to the House of Commons recalling that the “European Parliament, PACE and the NATO Parliamentary Assembly declared that the Russian Federation supports acts of terrorism in Ukraine and calling on the “Government of Canada to immediately and publicly designate the Russian Federation as a state sponsor of terrorism.” “.
The Government of Canada should, without further delay, designate Russia as a state sponsor of terrorism and thus allow victims of terrorist activities committed by Russia and its mercenaries to sue the Russian Federation for damages in Canadian courts. , and prevent Russia from abusing Canada’s law to protect itself unfairly under the veil of state immunity.