OTTAWA – Former senior Liberal cabinet ministers are expressing "deep concern" over the federal government's recent decision to not pass legislation designed to close what they describe as 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 penned a letter to Foreign Affairs Minister Anita Anand, advocating for more stringent regulations and safeguards regarding arms exports.
The legislation proposed by NDP MP Jenny Kwan aimed to amend existing rules that permit the United States to receive Canadian arms intended for countries that would otherwise be restricted from such exports. Kwan's private member's bill, introduced in September 2025, sought to address attempts by Washington to acquire Canadian weapons for Israel, despite Canada’s ban on exporting certain types of weapons to that country.
In March, MPs voted to defeat this bill, although Green Party Leader Elizabeth May, six NDP MPs, and 15 Liberal MPs supported it. In their letter, Axworthy and Rock stated, “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.”
While acknowledging the importance of Canada’s bilateral relationship with the United States, Axworthy and Rock emphasized the need for Canada to uphold its responsibilities under international law. They remarked that no alliance should exempt Canada from ensuring that its weapons do not contribute to violations of international humanitarian or human rights law. They argued for increased transparency and parliamentary oversight, asserting that these elements would enhance rather than weaken Canadian sovereignty.
In a response to the former ministers, Anand rejected the notion that there exists a loophole in current export controls, arguing that the defeated bill attempted to impose a military item definition that has no international recognition. “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,” she stated, adding that the existing laws adequately protect both human rights and national security.
Anand further claimed that the bill would have negatively impacted Canadian businesses, particularly small and medium-sized enterprises, and would have weakened relationships with allied nations. These sentiments were echoed by the Conservative Party, which stressed the necessity of supporting allies.
The Canadian government and the United States maintain a defense production agreement that simplifies the export of Canadian arms to the U.S., enabling shipments purchased by Washington to circumvent the detailed review typically required to obtain arms export permits.
Amidst concerns regarding Israel's adherence to international law during its military actions in Gaza following the Hamas attack in October 2023, Ottawa restricted arms exports to Israel at the beginning of 2024. Initially, the Liberals indicated that this ban included all lethal arms, but subsequently stated that arms sales would still be permitted if the weapons were intended for civilian protection.
Critics have long advocated for a comprehensive arms embargo against Israel, accusing the Canadian government of failing to uphold its pledge to prevent Canadian weapons from reaching Gaza. The situation intensified in 2024 when the U.S. announced plans to send Quebec-made ammunition to Israel, a transaction that Ottawa claimed eventually did not proceed.
Activists have similarly raised alarms about apparent loopholes permitting Canadian weapons to be utilized in Saudi Arabia's interventions in Yemen as well as in the ongoing civil conflict in Sudan. In light of these developments, Axworthy and Rock are urging Anand to introduce new legislation or regulatory reforms to close what they term the “U.S. exemption” and to ensure that all exports of controlled military goods comply with Canadian standards.
They also call for enhanced monitoring mechanisms and reporting structures to verify whether Canadian exports to the U.S. are deployed in conflict zones such as Iran, Gaza, and the West Bank. Their recommendations include reporting these findings to Parliament within a 60-day timeframe, alongside a commitment from Canada to adhere to the Arms Trade Treaty.
Kwan expressed that the federal government should heed the concerns and suggestions put forth by Axworthy and Rock, stating, “I think most Canadians would not want Canada to be complicit in war crimes, in crimes against humanity and in genocide.”
In her statement, Anand maintained that Canada possesses one of the world's strongest export control regimes, ensuring that human rights considerations are integrated into every military goods permit issued, as defined under the Arms Trade Treaty. She concluded by encouraging precision in representing the existing legal framework as the country works towards a robust national identity.
Axworthy and Rock concluded their correspondence by advocating for a review of Canada's arms export policy to ensure alignment with international legal obligations. They reaffirmed that the government's duty to act is intrinsic to Canada’s international responsibilities and the expectations of its citizens for maintaining high standards of accountability in military goods transfers, urging for necessary legislative reforms by the end of 2026.
