Canada can now seize, sell off Russian assets. What's next?

Selling Russian-owned assets to pay for Ukraine's reconstruction may sound like a logical approach to restitution, but as the Canadian government gains new powers to begin this process, questions remain about how it will work, and whether some issues are headed to court.

C-19, the budget implementation bill, received Royal Assent last Thursday. Among its many measures are new powers to seize and sell off assets owned by individuals and entities on Canada's sanctions list. While the new powers could be used in any international conflict, the Liberal government's current priority is helping victims of the Russian invasion of Ukraine.

Canada's stepped-up sanctions powers were discussed with U.S. Treasury Secretary Janet Yellen during her visit to Toronto last week.

"We think it's really important to extend our legal authorities because it's going to be really, really important to find the money to rebuild Ukraine," Finance Minister Chrystia Freeland told Canadian and American reporters. "I can think of no more appropriate source of that funding than confiscated Russian assets."

That sentiment was shared by Ontario Sen. Ratna Omidvar who proposed her own Senate legislation to enable similar asset seizures two years ago. At the time she was motivated to help the displaced Rohingya population by sanctioning corrupt generals in Myanmar.

"Kleptocrats must pay for their crimes, not through simply being sanctioned and their assets being frozen, but by their assets being repurposed and confiscated," said Omidvar.

Although C-19 will work a bit differently than her bill, Omidvar still calls it a "good start" and supports the government's move. 

"The question no longer is 'if we should confiscate,'" the senator said. "The question is: 'How should we repurpose? ... Who's involved? How do we provide accountability? How do we protect ourselves?'"

Although some jurisdictions, notably Switzerland, already confiscate and return certain illicit assets, this move by Canada — and potentially other G7 countries meeting in Germany this week — is unprecedented.

Allies agree on the imperative of cranking up more economic pressure on Russian President Vladimir Putin, but it's still a risky play. Other hostile governments could seize Canadian-owned assets abroad in retaliation. It also may violate customary international law, such as the UN Articles on states responsibility.

The new powers target assets in Canada owned by an individual or entity on the federal government's sanctions list. Previously, authorities could seize the proceeds of crime. With C-19, they can confiscate the assets of sanctioned individuals whether they're acquired legally or illegally.

Is that fair? Omidvar anticipates the new powers being challenged in Canadian court. "I keep thinking we need a couple of test cases," she said.

The senator's original bill proposed seizing and redistributing assets by court order, with a judge adjudicating concerns.

C-19 puts more power in ministerial hands, something that is "faster and nimbler," Omidvar acknowledges, but also less transparent.