Genuis, who has advocated for proscription of the IRGC since 2018, said the Liberal government "was dragged kicking and screaming" to the decision and then failed to safeguard those ensnared by Iran’s mandatory conscription laws.
“We shouldn’t be punishing victims of forced conscription,” Genuis said. “We should target those who voluntarily joined or stayed, and those who committed atrocities.”
Canada told Iran International in November it does not automatically reject Iranian men’s permanent residency applications solely for compulsory IRGC service, after a conscript said he was ruled inadmissible for his involuntary service.
Genuis highlighted a bill he backed proposing to amend Canada’s Immigration and Refugee Protection Act (IRPA) to exempt individuals required to serve in a terrorist organization if they met three criteria of completing only the mandatory period, not remaining voluntarily and not participating in terrorist acts or atrocities.
The bill, he said, addressed concerns the Liberals had raised for years yet the government did not adopt it after the IRGC listing.
Last month a Federal Court dismissed an appeal by 40-year-old Iranian asylum seeker Mohammadreza Vadiati’s against the denial of permanent residency despite completing only mandatory IRGC service from 2006 to 2008 in non-combat roles.
‘Required’ not ‘forced’
Genuis criticized Canadian authorities for narrowly interpreting “forced conscription,” often requiring proof of imminent danger to life or health, while his bill deliberately used “required” instead of “forced.”
“If the law says you must do something, that is a requirement, consequences of refusal in Iran — including imprisonment — should be contextualized,” he added.
In a written response to Iran International, Immigration, Refugees and Citizenship Canada (IRCC) said conscription alone does not automatically render someone inadmissible. However, critics say guidance remains vague, allowing excessive officer discretion.
“In the absence of clarity in the law, there is a real risk of wildly inconsistent decisions,” Genuis said, warning similarly situated applicants could face vastly different outcomes.
Under Canada’s anti-terrorism laws, membership in or support for a listed terrorist entity can result in inadmissibility, asset freezes, and criminal penalties.
“The government could easily adopt the exemption via its own legislation — the simplest and fastest solution,” he said. “The Conservatives put forward the solution, the government should implement it.”
The listing of the IRGC – which Canada blames for human rights abuses and the 2020 downing of a civilian airliner PS752 in 2020 – has broad implications for thousands of Iranian nationals who performed compulsory service.
Genuis said listing the IRGC was necessary but innocent people must be spared.
“The IRGC needed to be listed and needs to remain listed,” he said. “But it was never a choice between doing it badly or not doing it at all. We showed how to do it right.”
Genuis also criticized the Liberal government’s record on foreign interference and transnational repression, warning Iranian government-linked threats remain active in Canada.