Sanctioned ex-Haitian prime minister says Ottawa 'misinformed'

Regime de sanctions

Under its Special Economic Measures Act, Justin Trudeau's government has implemented sanctions regimes to crack down on thousands of people over the past few years. These provisions have been used to target people considered responsible for the crisis in Haiti, but also for the Russian invasion of Ukraine and the violation of human rights in Iran.

Mr. Lamothe claims to have been, during his term as Prime Minister, from 2012 to 2014, the “nightmare” of criminal gangs and to have maintained the same posture afterwards.

The one who was a member of the government of former President Michel Martelly, also sanctioned by Canada, believes that Haiti was not facing problems with the rise of criminal gangs or insecurity during his political involvement. According to him, “all the gang leaders were in prison”.

Thus, defending his “honor and dignity” is Laurent Lamothe's main motivation for challenging the sanctions against him. “I have children. […] I am a former representative of the country. I have a track record and I'm human,” he says.

It is clear to him that Ottawa did not do their research well before sanctioning him and were misled. “For a country that is the standard-bearer of human rights around the world like Canada […] to base itself on two one-page Google articles that don't even mention my name, it's outrageous,” says he.

When asked about the role played by his former political formation, the Haitian Tèt Kale Party (PHTK), in the current crisis in Haiti, Mr. Lamothe replied that he is not a member. Asked about the fact that many people sanctioned by Canada were part of governments led by the PHTK, he noted that this party won the last two elections monitored by the international community.

Mr. Lamothe suggests that Canadian sanctions indirectly benefit the current unelected government of Ariel Henry. “Probably because most of the people sanctioned were in one way or another part of his opposition,” he recalls.

Prime Minister Justin Trudeau refuted that premise last November, arguing that Canada's approach was in no way driven by what any political party or the Haitian government wants.

However, either, it remains to be seen whether Mr. Lamothe will win his case in Federal Court.

Michael Nesbitt, associate professor at the University of Calgary, does not recall any past victory in the matter. “I can't think of a significant challenge if there was one,” summarizes the sanctions expert.

Global Affairs Canada did not respond to questions from The Canadian Press seeking data on the number of challenges made in recent years.

There are two avenues to sanctioned persons in an attempt to have their name removed from the list of sanctioned persons. They can turn to the office of the Minister of Foreign Affairs, Mélanie Joly, or the ministry for which she is responsible. The other avenue of challenge is to seek judicial review in Federal Court.

“These cases are interesting because it's an analysis of the regulatory regime that's put in place,” says attorney Julia Webster, partner for Baker McKenzie.

She explains that once the Court is seized of the case, “it's really a question of how much discretion the Minister has, how much deference the courts will show to the Minister's decision.”

In 2018, Ukrainian politician Andriy Portnov turned to Federal Court and tried unsuccessfully to obtain evidence justifying the freezing of his assets under a different law than the one with which Mr. Lamothe was sanctioned.

Ottawa had argued that the documents could not be released under legislative provisions protecting sensitive information concerning international relations or which constitute advice and recommendations made to Cabinet.

In 2021, the Federal Court dismissed Venezuelan politician Rangel Gomez's claim regarding that same law — the Justice for Victims of Corrupt Foreign Officials Act. As part of this legal action, Global Affairs Canada had provided an internal memo that listed news reports accusing Mr. Gomez's government of allowing trafficking and smuggling at mine sites.

In return, the Canada itself removed, in 2019, a person from one of its lists of sanctioned individuals. The ex-head of the intelligence service of Venezuela, Manuel Cristopher Figuera, had thus been struck off because he had rallied to a movement – now fallen – of uprising against the dictatorship of Nicolás Maduro.

< p>With the collaboration of Dylan Robertson