The Canadian government was urged at a committee hearing to use its Magnitsky Law to target human rights violators internationally with sanctions.
The Magnitsky Law “provides for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights.”
B”nai Brith Canada submitted the recommendation to the Standing Senate Committee on Foreign Affairs and International Trade, which has been conducting a comprehensive review of the provisions of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) and the Special Economic Measures Act (SEMA).
“The decision to use SEMA rather than the Magnitsky Law may be due to the flexibility provided by SEMA, which enables sanctions to be imposed by way of regulations,” B”nai Brith said. “It may also be because SEMA allows for targeted sanctions on individuals as well as entities, whereas the Magnitsky Law only allows for the targeting of individuals. Regardless of the reason for its disuse, B”nai Brith urges the Government of Canada to make proper use of the Sergei Magnitsky Law in future matters requiring targeted sanctions.”
According to B”nai Brith, by not utilizing the Magnitsky Law, which technically amended SEMA and invokes the law every time it is implemented, Canada is implementing a sanctions program that is “confusing and incoherent.”
B”nai Brith noted that media reports often falsely attribute sanctions to the legislation, referring to “Magnitsky sanctions” when the Magnitsky Law itself has not been activated.
They called on the committee to look into why the Magnitsky Law has not been used to implement targeted sanctions since 2018.
“If the Federal Government prefers the branding of “Magnitsky”, it should investigate why the Sergei Magnitsky Law is not being used and rectify the problems that may be causing the disuse,” B”nai Brith Matas Law Society member Sarah Teich said.
“It is the responsibility of parliament to amend the Sergei Magnitsky Law to provide for flexibility through the use of regulations, the notion that the legislation as is provides for insufficient flexibility does not justify its underutilization,” B”nai Brith CEO Michael Mostyn said.
B”nai Brith propose a series of recommendations to address the “weaknesses and bolster the strengths of both pieces of legislation” that it presented to the committee.

These included clearing up the “general incoherence of Canada”s sanctions schemes” by instituting clear guidelines regarding which legislation to use in specific circumstances creating a “clear and formalized pathway” for the public to submit requests for the implementation of targeted sanctions the utilization of the new mechanism to repurpose assets of sanctioned individuals and entities, and facilitate the establishment of a clear role for victims in this process, including aid to victims in war-torn nations and supporting the passenger of an amendment to the Magnitsky Law, which was tabled on May 31, 2022, that would expand the legislation to include prohibitions on activities by family members, making it “more difficult for gross human rights violators and kleptocrats to avoid the enforcement of sanctions by transferring, giving or selling their property to family members.”
“It is the view of B”nai Brith that by adopting these recommendations, the committee will increase the effectiveness of Canada”s sanctions regime and its ability to combat gross human rights violations and significant corruption abroad,” B”nai Brith said.