Avoiding Complicity in Mistreatment by Foreign Entities Act
Torture, and other cruel, inhuman or degrading treatment or punishment of individuals, is an affront to Canadian values and opposed by the Government of Canada in the strongest terms. Canada is party to a number of international agreements prohibiting such mistreatment, including the Geneva Conventions, the International Covenant on Civil and Political Rights, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Torture is also an offense under the Criminal Code. The Avoiding Complicity in Mistreatment by Foreign Entities Act (ACMFEA) recognizes the Government of Canada’s commitment to human rights and prohibiting mistreatment while conducting information-sharing activities with foreign entities to fulfill its fundamental responsibility of national security and safety.
The ACMFEA came into force in July 2019. It authorizes, and in some cases requires, the Governor in Council to issue written directions to deputy heads of government institutions related to:
- disclosing information to any foreign entity that would result in a substantial risk of mistreatment of an individual;
- making requests for information to any foreign entity that would result in a substantial risk of mistreatment of an individual; and,
- the use of information that is likely to have been obtained through the mistreatment of an individual by a foreign entity.
In September 2019, the Governor in Council issued the Directions for Avoiding Complicity in Mistreatment by Foreign Entities (the Directions) to 13 deputy heads across the Government of Canada, including the Deputy Minister of Public Safety and Emergency Preparedness. Public Safety Canada is committed to ensuring the consistent implementation of the Directions, by collaborating with interdepartmental partners and chairing the Information Sharing Coordination Group (ISCG). The ISCG is the primary forum for supporting interdepartmental collaboration and information-sharing between members as they implement the ACMFEA and the Directions.
Annual Reporting
Under the ACMFEA, the Deputy Minister is responsible for providing the Minister, before March 1, with an annual report on the implementation of the Directions during the previous calendar year. The Deputy Minister is then responsible for making an unclassified version of this report available to the public. A copy of the report is also provided to the National Security and Intelligence Committee of Parliamentarians (NSICOP) and the National Security and Intelligence Review Agency (NSIRA) by the Minister.
Annual Review
Under the National Security and Intelligence Review Agency Act, NSIRA is mandated to review the implementation of the Directions annually. NSIRA’s reviews and recommendations help ensure that the ACMFEA and the Directions are effectively implemented by the implicated departments and agencies. NSIRA publishes its annual reviews online.
Interdepartmental Partners
Public Safety collaborates with a range of interdepartmental partners on this issue, including:
- Canada Border Services Agency
- Canada Revenue Agency
- Canadian Security Intelligence Service
- Communications Security Establishment
- Department of Fisheries and Oceans
- Department of National Defence and the Canadian Armed Forces
- Financial Transactions and Reports Analysis Centre of Canada
- Global Affairs Canada
- Immigration, Refugees and Citizenship Canada
- Royal Canadian Mounted Police
- Transport Canada
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