Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness that each listed entity set out in the annexed Schedule 1 remain a listed entity and that the entity in Schedule 2 no longer remain a listed entity: SI/2024-29

Canada Gazette, Part II, Volume 158, Number 14

Registration
SI/2024-29 July 3, 2024

CRIMINAL CODE

P.C. 2024-728 June 18, 2024

Whereas, under subsection 83.05(8.1)footnote a of the Criminal Codefootnote b, the Minister of Public Safety and Emergency Preparedness has reviewed each entity set out in the annexed Schedule 1 and listed in the Regulations Establishing a List of Entitiesfootnote c, made under subsection 83.05(1)footnote d of that Act, and has determined that there are still reasonable grounds, as set out in subsection 83.05(1)footnote d of that Act, for each entity to remain a listed entity;

Whereas, under subsection 83.05(1)footnote d of that Act, the Governor in Council is satisfied, on the recommendation of that Minister, that there are reasonable grounds to believe that each listed entity set out in the annexed Schedule 1 has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or that has knowingly acted on behalf of, at the direction of or in association with such an entity;

Whereas, under subsection 83.05(8.1)footnote a of that Act, that Minister has reviewed the entity set out in the annexed Schedule 2 and listed in those Regulations, and has determined that there are no longer reasonable grounds, as set out in subsection 83.05(1)footnote d of that Act, for the entity to remain a listed entity;

And whereas, under subsection 83.05(1)footnote d of that Act, the Governor in Council is satisfied, on the recommendation of that Minister, that there are no longer reasonable grounds to believe that the listed entity set out in the annexed Schedule 2 has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or that has knowingly acted on behalf of, at the direction of or in association with such an entity;

Therefore, Her Excellency the Governor General in Council accepts the recommendation of the Minister of Public Safety and Emergency Preparedness, made under subsection 83.05(8.1)footnote a of the Criminal Code footnote b, that each listed entity set out in the annexed Schedule 1 remain a listed entity and that the entity in Schedule 2 no longer remain a listed entity.

Order Accepting the Recommendation of the Minister of Public Safety and Emergency Preparedness that each listed entity set out in the annexed Schedule 1 remain a listed entity and that the entity in Schedule 2 no longer remain a listed entity

SCHEDULE 1

Listed Entities Reviewed by the Minister

Al-Gama’a al-Islamiyya (AGAI) (also known as Islamic Group (IG))

Al Qaeda in the Islamic Maghreb (AQIM) (also known among other names as Tanzim Qaedat bi-Bilad al-Maghrab al-Islami, Tanzim al-Qa´ida fi bilad al-Maghreb al-Islamiya, The Organization of Al-Qaida in the Islamic Maghreb, Al-Qa´ida Organisation in the Lands of the Islamic Maghreb, Al-Qa´ida in the Islamic Maghreb, Al-Qa´ida in the Lands of the Islamic Maghreb, al-Qaïda dans les pays du Maghreb islamique, Salafist Group for Call and Combat (GSPC), Groupe salafiste pour la prédication et le combat, and Salafist Group for Preaching and Combat)

Harakat ul-Mudjahidin (HuM) (also known among other names as Al-Faran, Al-Hadid, Al-Hadith, Harkat-ul-Mujahideen, Harakat ul-Mujahideen, Harakat al-Mujahideen, Harkat-ul-Ansar, Harakat ul-Ansar, Harakat al-Ansar, Harkat-ul-Jehad-e-Islami, Harkat Mujahideen, Harakat-ul-Mujahideen al-Almi, Holy Warriors Movement, Movement of the Mujahideen, Movement of the Helpers, Movement of Islamic Fighters, Al Qanoon and Jamiat ul-Ansar)

Kurdistan Workers Party (PKK) (also known among other names as Kurdistan Workers Party, Partya Karkeren Kurdistan, Kurdistan Labor Party, Kurdistan Freedom and Democracy Congress, KADEK, Kurdistan People’s Congress, Kurdistan Halk Kongresi (KHK), People’s Congress of Kurdistan and Kongra-Gel)

Aum Shinrikyo (also known among other names as Aum Shinri Kyo, Aum, Aum Supreme Truth, A. I. C. Comprehensive Research Institute, A. I. C. Sogo Kenkyusho and Aleph)

Abu Nidal Organization (ANO) (also known among other names as Fatah Revolutionary Council, Revolutionary Council, Revolutionary Council of Fatah, Al-Fatah Revolutionary Council, Fatah — the Revolutionary Council, Black June, Arab Revolutionary Brigades, Revolutionary Organization of Socialist Muslims, Black September, Egyptian Revolution, Arab Fedayeen Cells, Palestine Revolutionary Council, Organization of Jund al Haq and Arab Revolutionary Council)

Abu Sayyaf Group (ASG) (also known among other names as Al Harakat Al Islamiyya (AHAI), Al Harakat-ul Al Islamiyya, Al-Harakatul-Islamia, Al Harakat Al Aslamiya, Abou Sayaf Armed Band (ASAB), Abu Sayaff Group, Abu Sayyef Group and Mujahideen Commando Freedom Fighters (MCFF))

Sendero Luminoso (SL) (also known among other names as Shining Path, Partido Comunista del Peru en el Sendero Luminoso de Jose Carlos Mariategui, Communist Party of Peru on the Shining Path of Jose Carlos Mariategui, Partido Comunista del Peru, Communist Party of Peru, The Communist Party of Peru by the Shining Path of Jose Carlos Mariategui and Marxism, Leninism, Maoism and the Thoughts of Chairman Gonzalo, Revolutionary Student Front for the Shining Path of Mariategui, Communist Party of Peru — By Way of the Shining Path of Mariategui, PCP — por el Sendero Luminoso de Mariategui, PCP and PCP-SL)

Jemaah Islamiyyah (JI) (also known among other names as Jemaa Islamiyah, Jema’a Islamiyya, Jema’a Islamiyyah, Jema’ah Islamiyah, Jema’ah Islamiyyah, Jemaa Islamiya, Jemaa Islamiyya, Jemaah Islamiyya, Jemaa Islamiyyah, Jemaah Islamiah, Jemaah Islamiyah, Jemaah Islamiyyah, Jemaah Islamiya, Jamaah Islamiyah, Jamaa Islamiya, Jemaah Islam, Jemahh Islamiyah, Jama’ah Islamiyah, Al-Jama’ah Al Islamiyyah, Islamic Group and Islamic Community)

Islamic Movement of Uzbekistan (IMU) (also known among other names as O’zbekiston Islomiy Harakati, Harakat ul-Islamiyyah, Islamic Movement of Turkestan, Islamic Party of Turkestan (IPT) and IMU-IPT)

Al-Aqsa Martyrs’ Brigade (AAMB) (also known among other names as Al-Aqsa Intifada Martyrs’ Group, Al-Aqsa Brigades, Martyrs of al-Aqsa group, Al-Aqsa Martyrs Battalion and Armed Militias of the Al-Aqsa Martyr Battalions)

Fuerzas Armadas Revolucionarias de Colombia (FARC) (also known among other names as Revolutionary Armed Forces of Colombia, Revolutionary Armed Forces of Colombia-People’s Army (Fuerzas Armadas Revolucionarias de Colombia-Ejército del Pueblo, FARC-EP), National Finance Commission (Comisión Nacional de Finanzas) and Coordinadora Nacional Guerrillera Simon Bolivar (CNGSB))

Ejército de Liberación Nacional (ELN) (also known among other names as National Liberation Army and the Army of National Liberation)

Babbar Khalsa International (BKI) (also known as Babbar Khalsa)

International Sikh Youth Federation (ISYF)

Lashkar-e-Tayyiba (LeT) (also known among other names as Jamaat-ud-Dawa (JuD) (Society for Preaching), al-Anfal Trust, Tehrik-e-Hurmate-e-Rasool, al Mansoorian (The Victorious), Army of the Pure, Paasban-e-Kashmir (Kashmir Brigade), Paasban-i-Ahle-Hadith (Ahle-Hadith Brigade), Falah-i-Insaniat Foundation (FIF), Idara Khidmat-e-Khalq, Lashkar-e-Toiba, Lashkar-i-Toiba (LiT), Lashkar-i-Taiba (Holy Regiment), Lashkar-e-Tayyiba (LT) (Army of the Righteous), Lashkar-e-Taibyya, Lashkar-e-Taiba, Lashkar-e-Tayyiba (Army of the Pure and Righteous), Lashkar-e-Taiba (Righteous Army), Lashkar-Taiba (Army of the Good), Lashkar e Toiba, Lashkar e Taiba, Lashkar-E-Tayyaba, Lashkar e Tayyiba)

Lashkar-e-Jhangvi (LJ) (also known among other names as Lashkar-i-Jhangvi, Lashkar-e-Jhangvie, Laskar-e-Jhangvi, Lashkare Jhangvi, Lashkar-e-Jhangwi, Lashkar-i-Jhangwi, Jhangvi Army, Lashkar-e Jhangvi, Lashkar Jhangvi, Lashkar-e-Jhanvi (LeJ), Lashkar-i-Jangvi, Lashkar e Jhangvi, Lashkar Jangvi, Laskar e Jahangvi)

Palestine Liberation Front (PLF) (also known among other names as PLF — Abu Abbas Faction, Front for the Liberation of Palestine (FLP))

Ansar al-Islam (AI) (also known among other names as the Partisans of Islam, Helpers of Islam, Supporters of Islam, Soldiers of God, Kurdistan Taliban, Soldiers of Islam, Kurdistan Supporters of Islam, Supporters of Islam in Kurdistan, Followers of Islam in Kurdistan and Ansar al-Sunna)

Gulbuddin Hekmatyar (also known among other names as Gulabudin Hekmatyar, Gulbuddin Khekmatiyar, Gulbuddin Hekmatiar, Gulbuddin Hekmartyar, Gulbudin Hekmetyar, Golboddin Hikmetyar and Gulbuddin Hekmetyar)

Kahane Chai (Kach) (also known among other names as Meir’s Youth, No’ar Meir, Repression of Traitors, State of Yehuda, Sword of David, Dikuy Bogdim, DOV, Judea Police, Kahane Lives, Kfar Tapuah Fund, State of Judea, Judean Legion, Judean Voice, Qomemiyut Movement, Way of the Torah and Yeshiva of the Jewish Idea)

The Liberation Tigers of Tamil Eelam (LTTE) (also known among other names as the Tamil Tigers, the Eellalan Force, the Ellalan Force, the Tiger Movement, the Sangilian Force, the Air Tigers, the Black Tigers (Karum Puligal), the Sea Tigers, the Tiger Organization Security Intelligence Service (TOSIS) and the Women’s Combat Force of Liberation Tigers (WCFLT))

Gulbuddin Hekmatyar’s Faction of the Hezb-e Islami, the Hezb-e Islami Gulbuddin (HIG)

World Tamil Movement (WTM)

Al Shabaab (also known as Harakat Shabaab al-Mujahidin, al-Shabab, Shabaab, the Youth, Mujahidin al Shabaab Movement, Mujahideen Youth Movement, MYM, Mujahidin Youth, Hizbul Shabaab, Hisb’ul Shabaab, al-Shabaab al-Islamiya, Youth Wing, al Shabaab al-Islam, al-Shabaab al-Jihad, the Unity of Islamic Youth and the Popular Resistance Movement in the Land of the Two Migrations)

Al Qaida in the Arabian Peninsula (AQAP) (also known among other names as Ansar al-Shari’a (AAS), Al-Qaida of Jihad Organization in the Arabian Peninsula, Tanzim Qa’idat al-Jihad fi Jazirat al-Arab, Al-Quaida Organization in the Arabian Peninsula (AQAP), Al-Quaida in the South Arabian Peninsula and Al-Qaida in Yemen (AQY))

Tehrik-e-Taliban Pakistan (TTP) (also known among other names as Tehrik-e-Taliban Pakistan, Tehrik-I-Taliban Pakistan, Tehrik-e-Taliban, Pakistani Taliban, Tehreek-e-Taliban, Tehrik Taliban-I-Pakistan, Tehrik-i-Taliban Pakistan, Tehreek-e-Taliban Pakistan and Mouvement des talibans du Pakistan)

Islamic State (IS) (also known among other names as Daesh, Islamic State in Iraq and the Levant, ISIL, Islamic State of Iraq and Syria, Islamic State of Iraq and al-Sham, ISIS, Al-Dawla Al-Islamiya fi al-Iraq wa al-Sham, Al Qaida in Iraq, al-Qaida in Iraq, Al-Qaeda in Iraq, Al Qaeda in Iraq, AQI, AQI-Zarqawi, al-Tawhid, al-Tawhid and al-Jihad, Kateab al-Tawhid, Brigades of Tawhid, Monotheism and Jihad Group, Al Qaida of the Jihad in the Land of the Two Rivers, Al-Qaida of Jihad in the Land of the Two Rivers, Al-Qaeda in the Land of the Two Rivers, Al-Qaida in the Land of the Two Rivers, Al-Qaida of Jihad Organization in the Land of the Two Rivers, Al-Qaida Group of Jihad in Iraq, Al-Qa’ida of Jihad in Iraq, Al-Qaida Group of Jihad in the Land of the Two Rivers, The Organization of Jihad’s Base in the Country of the Two Rivers, The Organization of al-Jihad’s Base of Operations in the Land of the Two Rivers, The Organization of al-Jihad’s Base of Operations in Iraq, The Organization of al-Jihad’s Base in Iraq, The Organization of al-Jihad’s Base in the Land of the Two Rivers, The Organization Base of Jihad/Country of the Two Rivers, The Organization Base of Jihad/Mesopotamia, Al-Qaida in Mesopotamia, Tanzim Qa’idat Al-Jihad fi Bilad al-Rafidayn, Tanzim al-Qaeda al-Jihad fi Bilad al-Rafidain, Tanzeem Qa’idat al Jihad/Bilad al Raafidaini, Jama’at Al-Tawhid Wa’al-Jihad, JTJ, Islamic State of Iraq, Islamic State in Iraq, ISI, Mujahidin Shura Council, Unity and Holy Struggle, Unity and Holy War, Unity and Jihad Group and al-Zarqawi Network)

Islamic Revolutionary Guard Corps’ Qods Force (also known among other names as Pasdaran-e Enghelab-e Islami (Pasdaran), Sepah-e Qods, Qods/Quds, al Quds, al Quds Force, Qods/Quds Force, Qods Corps, Jerusalem Corps, Jerusalem Force and Qods Force)

Haqqani Network

Taliban (also known among other names as Afghan Taliban, Tahreek-i-Islami-i-Taliban Afghanistan, Movement of Islamic Students, Taleban, Islamic Movement of the Taliban (De Talebano Islami Ghurdzang or Tehrik) and Islamic Emirate of Afghanistan (De Afghanistan Islami Emarat))

al-Muwaqi’un Bil Dima (also known among other names as Al Mouaquioune bi addimaa, Katibat al-Muqaoon bil-Dumaa, al-Muwaqun Bi-Dima, Al-Muawaqqi’un bi ’l-Dima, al-Mouwakoune bi-Dimaa, al-Mua’qi’oon Biddam, Those Who Sign With Blood, El Mouwakaoune Bidame, Those Who Have Signed Through Blood, the Signatories for Blood, the Signatories in Blood and Those Who Sign in Blood)

Boko Haram (also known among other names as Jama’atu Ahlis Sunna Lidda’awati Wal-Jihad (People of the Tradition of the Prophet for Preaching and Striving / Group Committed to Propagating the Prophet’s Teachings and Jihad))

Caucasus Emirate (also known among other names as Imarat Kavkaz and Islamic Emirate of the Caucasus)

International Relief Fund for the Afflicted and Needy – Canada (also known among other names as International Relief Fund for the Afflicted and Needy, International Relief Fund for the Afflicted and Needy (Canada), IRFAN, IRFAN – Canada and IRFAN Society)

Movement for Oneness and Jihad in West Africa (also known among other names as MOJWA, Mouvement pour l’unicité et le jihad en Afrique de l’Ouest, MUJAO, Jamat Tawhid wal Jihad fi Garbi Afriqqiya and Jamaat Tawhid Wal Jihad Fi Garbi Ifriqiya)

Al-Murabitoun (also known among other names as Mourabitounes, Al-Mourabitoun, Al-Morabitoune, Al-Mourabitoune and Les Almoravides)

Jaysh al-Muhajirin wal-Ansar (JMA) (also known among other names as Jaish al-Muhajireen wal Ansar, Jaysh al-Muhajireen wa’l-Ansar, Army of Migrants and Supporters, Army of Emigrants and Helpers, Muhajireen Brigade and Mujahideen Army)

Islamic State–Sinai Province (ISSP) (also known among other names as Ansar Bayt al-Maqdis, Ansar Jerusalem and Islamic State–Sinai State)

Abdallah Azzam Brigades (AAB) (also known among other names as Abdullah Azzam Brigades, the Brigades of Abdullah Azzam, the Brigades of the Martyr Abdullah Azzam, the Ziyad al-Jarrah Battalions, the Ziad al-Jarrah Battalion, the Yusuf al-’Uyayri Battalions, the Yusuf al-Ayiri Battalion, the Battalion of Sheikh Yusuf al-’Ayiri and the Marwan Hadid Brigades)

Al Qaida in the Indian Subcontinent (AQIS) (also known among other names as Qaedat al-Jihad in the Indian Subcontinent, and Jamaat Qaidat al Jihad fi Shibh al Qarrah al Hindiyah (Organisation of the Base of Jihad in the Indian Subcontinent))

Indian Mujahideen (IM) (also known among other names as Indian Mujahedeen, Indian Mujahidin, and Islamic Security Force – IM (ISF-IM))

HASAM (Harakat Sawa’d Misr) (also known among other names as Hassam, The Hasam Movement, Hasm, Hassm, the Hassm Movement, Harikat Souaid Misr, Harakah Sawa’id Misr, the Movement of Egypt’s Arms, the Movement of Egypt’s Forearms and the Arms of Egypt Movement)

Harakat al-Sabireen (HaS) (also known among other names as Al-Sabirin Movement for Supporting Palestine, Al-Sabireen Movement for Supporting Palestine, Al-Sabirin, Al-Sabireen, a-Sabrin organization, Al-Sabireen for the Victory of Palestine, HISN, HOSN, The Sabireen Movement, HESN, Movement of Those Who Endure With Patience and Movement of the Patient Ones)

Blood & Honour (B&H)

Combat 18 (C18)

SCHEDULE 2

Listed Entity Reviewed by the Minister

Armed Islamic Group (GIA) (also known as Groupe islamique armé (GIA))

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

In order to fulfill their statutory duties under the Criminal Code, the Minister of Public Safety and Emergency Preparedness (the Minister) must review, pursuant to the Criminal Code, the entities listed in the Regulations Establishing a list of Entities within five years of their last review or the date on which they were first listed and make a recommendation to the Governor in Council as to whether there are still reasonable grounds for an entity to be a listed entity.

This Order accepting the Minister’s recommendation pursuant to section 83.05(8.1) of the Criminal Code is required for the Governor in Council to accept the Minister’s recommendation that 46 out of 47 of the reviewed entities should remain listed.

Objective

The National Security Act, 2017 amended the Criminal Code terrorist listings provisions to oblige the Minister to review whether there are still reasonable grounds, as set out in subsection 83.05(1) of the Criminal Code, for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity:

The Minister has reviewed 47 entities and determined that there are still reasonable grounds for 46 of them to remain listed. Following that review, it was determined that the Armed Islamic Group (also known as Groupe islamique armé, or GIA) is recommended to be removed from the list of terrorist entities. There have been no activities linked to the GIA since 2006, as the GIA has lost its operational capacity to carry out terrorist activities. The group has been delisted by certain allies, including Australia and the United States. Delisting this entity would not constitute a threat to Canada and/or Canadians.

Following the Minister’s statutory review on whether there are still reasonable grounds for an entity to be listed, the Governor in Council must decide whether to accept the Minister’s recommendation as to whether the entity should be removed from the list.

Background

On December 18, 2001, the Anti-terrorism Act received Royal Assent, amending the Criminal Code to allow the Government of Canada to create a list of terrorist entities. Under the Criminal Code, the Governor in Council may, on the recommendation of the Minister, establish a list of entities if the Governor in Council is satisfied that there are reasonable grounds to believe that the entity has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity; or has knowingly acted on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity.

An entity is defined in the Criminal Code as a person, group, trust, partnership or fund or an unincorporated association or organization. A listed entity is included in the definition of terrorist group in the Criminal Code so offences applicable to terrorist groups apply to these entities. However, unlike terrorist groups that are not listed, a prosecution related to a listed entity does not require the Crown to demonstrate that the entity has, as one of its purposes or activities facilitating or carrying out any terrorist activity.

The Criminal Code provides for a thorough and fair mechanism for reviewing the listing of an entity. A listed entity may apply to the Minister requesting that it no longer be a listed entity. In such cases, the Minister would determine whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. The entity may have the decision reviewed by the Federal Court.

Implications

Listing a terrorist entity sets in motion requirements for reporting suspicious terrorist financing transactions and requires anyone to disclose to the Royal Canadian Mounted Police and the Canadian Security Intelligence Service the existence of any property in their possession or control that they know is owned or controlled by or on behalf of a terrorist group.

In addition, bodies that are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act must also report the information to the Financial Transactions and Reports Analysis Centre of Canada. The costs to banks, financial institutions, and individuals in meeting these requirements are not significant due in large part to the existence of electronic banking systems; however, there are significant benefits for the security of Canada and Canadians.

The recommendation is to delist one entity, which has been defunct since 2006. the entity does not pose a threat to the safety and security of Canadians anymore. This helps to inform Canadians of the Government’s position with regard to that particular entity. Furthermore, streamlining the list of entities ensures that Canada is providing an accurate representation of the terrorist list and aligns Canada with its allies. The delisting of GIA will be made via a separate regulatory amendment to the Regulations Establishing a List of Entities.

Consultation

No public consultation was undertaken.

Contact

Public Safety Canada
269 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: 613‑944‑4875 or 1‑800‑830‑3118