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House Hansard - 48

44th Parl. 1st Sess.
March 29, 2022 10:00AM
  • Mar/29/22 6:56:39 p.m.
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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.
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