Holding Canadian Foreign Fighters Accountable
Our paper analyzes the relevant criminal and civil law remedies available to governments and private parties to hold returning foreign fighters accountable for atrocity crimes and human rights abuses committed abroad.
Over 180 Canadians joined foreign terrorist groups and at least 60 have returned.
A recent investigation has found that ISIS arrests are spiking in Canada and youths are driving the resurgence in recruitment into terrorist groups.
There are four broad avenues under which returning foreign fighters may be held accountable in Canada: criminally by the state upon their return, through private criminal prosecutions, through public civil remedies, and via public civil remedies.​ The paper assesses each of the four categories and suggests areas of improvement.
Secure Canada's Policy Recommendations
To strengthen Canada’s legal framework, we propose the following reforms:
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1. Criminalize Membership in a Terrorist Organization
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Amend Part II.1 of the Criminal Code to make it illegal to join a terrorist group, following Nuremberg Tribunal precedent.
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Exempt individuals who were coerced or unaware of the group’s purpose.
2. Modernize Canada’s Treason Laws
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Align Canada’s laws with Australia’s approach, ensuring foreign fighters who betray Canada are properly prosecuted.
3. Ensure the Attorney General’s Decisions on Private Prosecutions Are Transparent
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Require clear, public guidelines on when private prosecutions will be allowed.
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Allow judicial review if approval is denied.
4. Increase Funding for War Crimes Prosecutions
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Expand the Department of Justice’s War Crimes Section to support investigations and prosecutions of returning foreign fighters.
5. Empower Victims to Seek Justice​
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Provide financial and legal support for victims pursuing civil lawsuits.