SoVote

Decentralized Democracy

House Hansard - 48

44th Parl. 1st Sess.
March 29, 2022 10:00AM
Context: House Hansard - 48 - Mar/29/22
Mr. Garnett Genuis (Sherwood Park—Fort Saskatchewan, CPC)
  • Mar/29/22 6:52:33 p.m.
  • Watch
Mr. Speaker, I have been hearing from some Canadians who are considering or have made the decision to join Ukraine's foreign legion. That is obviously a very difficult decision. What those Canadians are not looking for from government is a repeat of travel advice. Those who are choosing to go and fight in defence of Ukraine are already aware there are significant risks associated with doing so and they do so in full knowledge of those risks. What those Canadians are looking for is legal clarity from the government. My question, in the first instance, was never about if the government can give those people life advice. It was about whether the government could help those people have the clarity of knowing how the law applies to them, specifically with respect to the Foreign Enlistment Act that was passed in 1937, which I think has an important area of ambiguity that the government would do well to clarify. The Foreign Enlistment Act makes it an offence for a Canadian to join or engage in the armed forces of a foreign state at war with a “friendly foreign state”. That is the operative phrase. If someone is going abroad to fight against a friendly foreign state, then that person is committing an offence in Canada. The act does not contain a definition of what constitutes a friendly foreign state. In fact, in the entire history of this act, from what I was able to discern, there have not been any prosecutions under it, which might suggest that the risk of prosecution for a Canadian who is going to fight abroad is low. However, people are still looking for that legal clarity and they do not have the benefit of legal precedent to look at. A friendly foreign state could mean a state that Canada is not at war with. A friendly foreign state could mean an ally or partner of Canada or a like-minded state in some ways, but the problem is that we just do not know. My original question to the government was if it could clarify whether, for the purposes of the act, not in colloquial usage of the term but for the purposes of the act, is the Russian Federation considered a friendly foreign state. However, I think more broadly it is important for the government to consider the need for clarity around this legislation, because there are many other cases where Canadians choose to participate in conflicts, feel very deeply on behalf of one side or the other, and there may be national interests that are impacted in Canada by those actions. We do not have clarity in the law with respect to when that would or would not be allowed at all. I asked the government then, and I am asking the government now, to provide Canadians with legal clarity with respect to the application of the Foreign Enlistment Act, and in particular, the provisions around what constitutes a friendly foreign state. Could the government clearly state that, for the purposes of this act, the Russian Federation is not considered a friendly foreign state? Could the government also consider regulations or modifications that would provide greater meaning to that section, so that Canadians who are taking this risk to fight in the defence of Ukraine do not have to worry about the possible, what I would argue, misapplication of this statute? The law also gives the government an opportunity, through Governor in Council regulations, to, “by order or regulation,” provide for “the application of this Act, with necessary modifications, to any case in which there is a state of armed conflict”. Therefore, the government does have the ability, under this act, to put forward regulations that would provide that clarity. I have an Order Paper question as well that asks the government specifically to respond, to provide a list and to provide information on what it considers a friendly foreign state, because Canadians should know whether or not this law applies to them.
676 words
All Topics
  • Hear!
  • Rabble!
  • star_border
Context: House Hansard - 48 - Mar/29/22
Mr. Kevin Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.)
  • Mar/29/22 6:56:39 p.m.
  • Watch
Mr. Speaker, on the issue of the Foreign Enlistment Act, I can confirm that it does prohibit Canadians from enlisting in the armed forces of any foreign state at war with a friendly foreign state. It also prohibits anyone in Canada from recruiting or inducing another person to enlist with any foreign armed forces. The act defines “armed forces” as including army, navy and air forces or services, but excludes medical and other services engaged in humanitarian work for or under the Canadian Red Cross or other similar Canadian organizations. To my knowledge, no court has considered the act, nor am I aware of any prosecutions under the act. It is important to note that decisions about specific criminal investigations are made by relevant police jurisdictions. Decisions on whether to prosecute are made by independent prosecutors. I want to be clear that the Government of Canada is concerned for the safety of anyone travelling into Ukraine at this time for any purpose, including to take part in the conflict. Global Affairs Canada has advised against all travel to Ukraine since February 1, 2022, and has recently stated in a new travel advisory that the safety of Canadians is at high risk if they engage in active combat. The Government of Canada may not be able to provide any assistance to Canadians who join militias or armies and are injured or captured. The decision to travel is the sole responsibility of the traveller, and we cannot guarantee the safety and security of Canadians abroad. That said, Canada is committed to contributing to the enormous international effort that is under way to collect and preserve evidence in pursuit of accountability for the serious allegations of war crimes and crimes against humanity in the ongoing conflict in Ukraine. To that end, we are working on multiple fronts and joined the group of 41 states that ultimately referred the case to the International Criminal Court. I would also highlight that Canada is presently supporting the International Criminal Court through expert deployments and is exploring other possible areas for support. We will continue to co-operate with the court and respond to its calls for assistance in this matter. There is no doubt that this is an international effort, including in the courtroom. Canada has been and will continue to be there for the people of Ukraine. Together, we strive for peace, security and justice. Having said that, over the years we have seen literally hundreds, if not thousands, of private members' bills and initiatives that have been brought to the chamber. Just prior to going into this discussion, we had a private members' hour, and I would highly suggest and recommend that this might be one of the considerations my friend from across the way might want to put forward, if he feels so empowered, to better address the issue.
478 words
All Topics
  • Hear!
  • Rabble!
  • star_border