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ARTICLE · 27 JULY 2023

Bill C-41 Amendments To The Criminal Code: Update And Impact On Organizations Engaging In Humanitarian And Development Activities

Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts (Bill C-41), received royal assent on June 20, 2023. Bill C-41 has created a regime that allows eligible persons...

CanadaGovernment, Public Sector

Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts (Bill C-41), received royal assent on June 20, 2023. Bill C-41 has created a regime that allows eligible persons to carry out certain humanitarian aid activities in areas controlled by terrorist groups. Prior to Bill C-41, these activities would have been prohibited under subsection 83.03(b) of the Criminal Code, RSC 1985, c C-46.1

Background

Afghanistan has been under the control of the Taliban – a terrorist group as defined under the Criminal Code – since August 2021. The Taliban's rise to power created hurdles for humanitarian organizations seeking to operate in Afghanistan. The Criminal Code's provisions made it challenging for these organizations to provide humanitarian aid, as any resources sent to Afghanistan had the possibility of being used by, or to the benefit of, the Taliban.

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