Features of Canada’s Sanctions Legislation and Trends in Sanctions Appeal Jurisprudence

A. A. Lopushinskaya (), A. S. Kudinov () and E. Ya. Arapova ()

Outlines of global transformations: politics, economics, law, 2024, vol. 17, issue 1

Abstract: The authors have considered Canada’s sanctions legislation, as well as the jurisprudence of its application. As a result, they have quantified the existing sanctions regimes and made a classification distinction between thematic and regional sanctions. It was found that among the sanctions regime legally formalized in Canada, 5 are thematic sanctions and 25 are regional ones. It is determined that the regulatory framework is formed by 4 laws and 27 by-laws. In addition to direct sanctions restrictions (entry ban, asset freezing), the Canadian system of sanctions provides for related measures such as criminal prosecution for violations of the sanctions regimes and restrictions under the migration law. The authors conclude that the right to judicial review of sanctions in Canadian law is presumed, while administrative appeal is determined by specific regulations. Canadian courts in sanctions appeals focus more on the legality of the acts themselves and move away from the question of the actual violation of the rights and legitimate interests of the sanctioned persons, as well as the proportionality of the measures taken and the reasons for the listing. The amendments to the Canadian legislation adopted in April 2022 effectively legalized the confiscation of property under the sanctions restrictions, which was the world’s first departure from the classic formula of blocking assets while retaining the property rights of the sanctioned person. The authors conclude that the innovation is legally weak and that it is highly likely to be subject to judicial appeal.

Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:ccs:journl:y:2024:id:1429

DOI: 10.31249/kgt/2024.01.06

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