On February 15, 2023, the Government of Canada further amended the Special Economic Measures (Haiti) Regulations (the “Haiti Regulations”) by imposing new sanctions against two individuals who, according to Canada, have “engaged in significant acts of corruption”. This is the sixth round of sanctions targeting Haitian “members of the economic and political elite” since the Haiti Regulations entered into force on November 3, 2022 in response to the ongoing humanitarian crisis in Haiti.

On December 22, 2022, Laurent Lamothe, the former Prime Minister of Haiti, challenged his listing under the Haiti Regulations on the grounds that the allegations against him were without any basis, that the Minister of Foreign Affairs failed to provide the grounds supporting his listing, and that the decision to include him on the designated persons list was in breach of procedural fairness requirements. Shortly after filing the application for judicial review with the Federal Court, Mr. Lamothe and the Minister of Foreign Affairs requested a stay of the proceeding, which would remain in effect until the Minister determines whether Mr. Lamothe should be removed from the Schedule of the Haiti Regulations, pursuant to subsection 8(1) of those Regulations. On January 23, 2023, the Federal Court granted the request for the stay. Our team will continue to monitor relevant proceedings closely, providing updates to keep clients informed about important developments impacting Canada’s sanction regime.

We have significant experience in the design and implementation of sanctions-related compliance programs and internal investigations. Where breaches are identified, we work closely with clients in making voluntary disclosures and in engaging with the ensuing investigations conducted by the RCMP and Global Affairs Canada. We also regularly assist clients with the application for delisting process as well as applications for exemption permits.