Politics

Sanctions against Iran and others pose burdens for Canada, briefing note says

Canada's pending decision to lift sanctions on Iran will likely spark cheers at the country's foreign ministry because the ever-expanding program has posed legal and staffing burdens.

Trudeau government faces decisions on restoring diplomatic and trade ties with Tehran regime

With the acceptance of a nuclear deal brokered by the U.S., the way seems clear for the eventual lifting of sanctions against Iran, including those imposed by Canada. A briefing note prepared for the new Trudeau government, obtained by The Canadian Press, flagged the legal and staffing burdens to Canada of maintaining foreign sanctions. (Raheb Homavandi/Reuters)

Canada's pending decision to lift sanctions on Iran will likely spark cheers at the country's foreign ministry because the ever-expanding program has posed legal and staffing burdens.

A briefing note prepared for Prime Minister Justin Trudeau describes internal problems associated with one of Canada's few foreign policy sticks — the sanctions imposed on nine countries, including Iran, North Korea and Russia.

The note was obtained by The Canadian Press under the Access to Information Act.

Canada is expected to follow the world in lifting sanctions on Iran because it has complied with a landmark deal with six leading world powers that is aimed at preventing it from developing a nuclear bomb.

Former prime minister Stephen Harper's government announced several rounds of sanctions against Russian businesses and individuals over the annexation of Crimea and President Vladimir Putin's support of rebel groups in Ukraine. (Adrian Wyld/Canadian Press)

Canadian sanctions are imposed under two separate regimes: the United Nations and its own Special Economic Measures Act, or SEMA.

SEMA has proven problematic for officials at Global Affairs Canada because the number of countries facing sanctions under it has jumped to nine from two since 2010, the memo says, creating a heavy workload and legal headaches.

This has resulted in "greatly increasing the compliance burden for the private sector and creating resource and potential litigation challenges" for the department.

"As these procedural regimes have started to mature, foreign courts have begun to demand that increased procedural fairness be present in the listing and delisting of persons under such sanctions," it says.

"It is likely that Canadian courts will demand the same procedural fairness in the event that any of Canada's sanctions are challenged in court."

When to lifting sanctions

A separate briefing note, also written for Trudeau last fall, says it is likely that Canada will be in a position to lift its Iranian sanctions "as early as winter 2016 and as late as summer 2016."

With Iran found to be in compliance with the nuclear deal as of last weekend, it would appear that the lifting of sanctions is imminent.

Trudeau has said Canada will also restore diplomatic relations with Iran, but the prime minister indicated Monday his cabinet will set the timing of that decision during an upcoming meeting.

Trudeau said he was pleased that "quiet diplomacy" led to successful negotiation of the Iran deal and would move it "towards respecting international expectations."

Interim Conservative leader Rona Ambrose said the government should be wary about lifting sanctions on Iran, because it has not been trustworthy in the past.

"Let's remember that once those sanctions are removed that Iran is going to flood the market with cheap oil, which has a huge effect on the Canadian economy as well," she said.

Should Canada lift sanctions on Iran?

9 years ago
Duration 10:59
MPs Adam Vaughan, Tony Clement and Hélène Laverdière discuss the international communities removal of some of the sanctions against Iran and whether Canada should remove some of its unilateral sanctions against that country

The deal that Iran forged with the five permanent members of the UN Security Council — the U.S., Britain, France, Russia and China — plus Germany, is expected to provide it an estimated $100 billion in sanctions relief.