Former senior Liberal cabinet ministers say they have "deep concern" about the federal government's decision not to pass legislation aiming to close what they consider a regulatory gap in arms exports.
Former Liberal foreign affairs minister Lloyd Axworthy and former justice minister and ambassador to the United Nations Allan Rock recently wrote a letter to Foreign Affairs Minister Anita Anand urging more stringent rules and safeguards.
Legislation introduced by NDP MP Jenny Kwan sought to change rules that allow Washington to send Canadian arms to countries that would otherwise be blocked. The private member's bill she tabled in September followed attempts by Washington to purchase Canadian weapons for Israel, despite a Canadian ban on exports of various types of weapons to that country.
MPs voted to defeat the bill in March, with Green Party Leader Elizabeth May, six NDP MPs and 15 Liberal MPs supporting it.
"The defeat of this legislation leaves unaddressed a serious weakness in Canada’s arms export control system — one that continues to undermine both our international credibility and our legal obligations under the Arms Trade Treaty," Axworthy and Rock wrote in the letter obtained by The Canadian Press.
"Canada’s bilateral relationship with the United States is long-standing and vital, but our responsibilities under international law are our own. No alliance exempts us from our duty to ensure that Canadian weapons or components do not contribute to gross violations of international humanitarian or human rights law. Transparency and parliamentary oversight strengthen sovereignty — they do not weaken it."
Anand, in an emailed response to the former ministers' letter, rejected the idea that current export controls have a loophole and said the defeated bill attempted to impose a definition of military item that no other country recognizes.
"The new definition would have included components contained in a vast number of manufactured goods that cross the border every day -- such as basic nuts and bolts," Anand said, adding the current law protects both human rights and security.
Anand also said said the bill "would have crippled Canadian businesses including small and medium size enterprises" and would have undermined relationships with allies.
The Conservatives have echoed those points while stressing that Ottawa needs to support its allies.
Ottawa and Washington have a defence production agreement that allows shipments of Canadian arms to the U.S. — including shipments purchased by Washington — to effectively avoid the detailed review typically required to get an arms export permit.
Alarmed by the prospect of Israel violating international law through its bombardment of Gaza after the Hamas attack of October 2023, Ottawa has restricted arms exports to Israel since early 2024.
The Liberals originally said this ban applied to all lethal arms. They later said that sales of arms to Israel would still be allowed if the weapons were being used to defend civilians.
Critics have long called for a total arms embargo on Israel and have accused Ottawa of being incapable of upholding its promise to keep Canadian weapons out of Gaza.
The government was criticized in 2024 when the U.S. announced plans to send Quebec-made ammunition to Israel, a sale Ottawa said ultimately did not proceed.
Activists also have argued that loopholes are allowing Canadian weapons to be used in Saudi Arabia's armed intervention in Yemen and in the bloody civil war in Sudan.
Axworthy and Rock are calling on Anand to introduce new legislation or regulatory reforms to "close the U.S. exemption" and ensure all exports of controlled military goods meet Canadian requirements.
They're also calling for new monitoring mechanisms and reporting structures to determine whether Canadian exports to the U.S. are being deployed in conflict zones like Iran, Gaza and the West Bank, and to report those findings to Parliament within 60 days. They are also asking for Canada to adhere to the Arms Trade Treaty.
Kwan told The Canadian Press on Sunday the federal government should consider Axworthy and Rock's comments and recommendations.
"I think most Canadians would not want Canada to be complicit in war crimes, in crimes against humanity and in genocide," Kwan said.
"They can turn a blind eye to what's going on, and they can pretend that this is not happening, but people know that this is happening."
Anand said Canada has one of the world’s strongest export control regimes, with human rights considerations applied to every permit issued for military goods, as the term is defined under the Arms Trade Treaty.
"We should strive for accuracy rather than misrepresent the contents of this country’s existing laws especially as we work collectively to build Canada Strong," her statement said.
Axworthy and Rock also say the government should undertake a review of Canada's arms export policy and ensure it aligns with international legal obligations.
"We close by observing that the government’s obligation to act in this area is not contingent upon the outcome of a single vote in Parliament," Axworthy and Rock wrote.
"It flows from Canada’s international commitments and from the expectations of Canadians that their country will uphold the highest standards of accountability in the transfer of military goods. We urge you to bring forward the necessary legislative and regulatory measures before the end of 2026."
Picture Courtesy: THE CANADIAN PRESS/Justin Tang
