44th Parl. 1st Sess.
October 7, 2022 10:00AM
Madam Speaker, I want to thank my colleague for bringing this legislation here to the chamber. I am proud to have seconded it.
My question is around the Magnitsky act and just the importance of it. The member highlighted clearly why it is so important, but specifically he did indicate that it has not been used nearly as well or as much as it could be. I want the member to elaborate on what that does to Canada's reputation on the international stage as a leader for defending human rights right across this globe, and how our taking these actions would be much more beneficial and why it is so important.
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Madam Speaker, I appreciate the excellent question as we want to continue to project Canada's image as a country that protects the most vulnerable and fights for human rights. Every time that we do not go forward when we should with imposing of the Magnitsky schedule, that reputation unfortunately takes a little damage.
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Madam Speaker, before I begin my speech, I would like to take a moment to wish a happy Thanksgiving to all members and all employees of the House of Commons.
I hope everyone has an opportunity to spend time with their loved ones this holiday weekend.
Canada's commitment to uphold human rights abroad, as well as policies and actions undertaken to protect these rights internationally, are a frequent focus of parliamentarian attention. Recent events on the international stage have continued to shed light on grave and reprehensible human rights violations, and our government has promised to continue to explore all options when it comes to holding those responsible to account and defending human rights here and around the world.
Therefore, I welcome the opportunity to elaborate on Canada's active engagement in advancing international human rights efforts globally, including with regard to human rights issues raised in Bill C-281, which was introduced in the House of Commons by the member for Northumberland—Peterborough South.
Bill C-281, an act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, the Broadcasting Act and the Prohibiting Cluster Munitions Act, would amend various pieces of legislation on which I will expand. I believe MPs around the room agree that Canada should continue to uphold its commitment to human rights in a strong and meaningful way.
We know that only so much can be changed in the halls of power. Without the active and meaningful engagement of those whose human rights have been violated or who are in situations of particular vulnerability, change cannot last nor can our policies be effective. That is why Canada continues to engage with indigenous peoples, diaspora communities, activists, women's rights organizations, civil society, journalists and human rights defenders. Without their lived experience, expertise and efforts to promote and protect human rights in Canada and around the world, human rights violations and abuses would remain unacknowledged.
“Voices at Risk: Canada’s Guidelines on Supporting Human Rights Defenders” is a clear statement of Canada's commitment to supporting the vital and courageous work of human rights defenders. The guidelines outline Canada's approach and offer practical advice to Canadian diplomats to support human rights defenders. They reflect the experience gained by Canada through multilateral and bilateral engagement, and are informed by the work and advice of Canadian civil society organizations and human rights defenders themselves.
However, the colloquial term “prisoner of conscience”, as used in the bill, does not have an agreed upon international or domestic legal definition. Even labelling an individual as a human rights defender based on available definitions can be challenging in all but the most unambiguous cases.
A publicized list that sets out the names and circumstances of human rights defenders detained worldwide for whose release the Government of Canada is actively working on may impede diplomatic actions and Canada's support for these individuals, potentially endangering their safety and, in more serious cases, their lives.
I would like to thank the member who introduced this bill for his agreement to be amendable. We should be mindful to apply the principle of doing no harm. It respects the well-being and privacy of individuals and needs to be considered before sharing information with the public.
The Government of Canada takes the matter of imposing sanctions very seriously. As stated by our Minister of Foreign Affairs, Canada will continue to coordinate with like-minded partners to seek to change the behaviour of those who commit human rights atrocities. We consider autonomous sanctions as just one component of Canada's wider foreign policy options in the protection of human rights.
Canada is judicious in its approach to imposing sanctions, both against individuals and against states, and is committed to their targeted and coordinated use when appropriate. Canada has established a rigorous due-diligence process to consider and evaluate threats to international peace and security and possible cases of human rights violations or corruption anywhere in the world within the context of other ongoing efforts to promote human rights and combat corruption.
Canada has a history of taking action to rid the world of cluster munitions, including through our ratification of the Convention on Cluster Munitions, known as the convention, in 2015, and by support demining efforts. We recognize the devastating impact they have on civilians, and we will continue to support a wide range of activities in this regard, knowing that these actions will actively save lives.
Cluster munitions pose an immediate threat to civilians during conflict by randomly scattering submunitions or bomblets over a wide area. They continue to pose a threat post conflict by leaving remnants, including submunitions that fail to explode upon impact, becoming de facto land mines. These explosives kill and harm victims around the world indiscriminately.
International humanitarian law prohibits the indiscriminate use of any weapon, including cluster munitions, and prohibits the deliberate targeting of civilians. We call on all states to join the convention, cease to use these weapons and destroy their stockpiles. We would also stress that non-party states already have a legal obligation during armed conflicts to refrain from indiscriminate and disproportionate attacks with any weapon, including cluster munitions.
Canada is fully committed to the goals of the convention and has ensured, through the Prohibiting Cluster Munitions Act, that it will meet all obligations of the convention that will require implementation through domestic law. Among other things, Canada cannot itself use, develop, produce, acquire, stockpile or transfer cluster munitions or expressly request their use when the choice of munitions used is within our exclusive control.
Canada welcomes the large number of actions dedicated to gender mainstreaming within the Lausanne Action Plan, committing member-state parties to the convention to stronger gender inclusion in combatting cluster munitions.
I will now discuss the Broadcasting Act.
Media can play an important role in the promotion of human rights. Communication regulators like the CRTC need to be mindful of their role in advancing regulation in the public interest, particularly when it comes to fundamental issues related to the rule of law, democracy and human rights. As the CRTC recently stated, “Freedom of speech and a range of perspectives are a necessary part of our democracy. However, it is a privilege and not a right to be broadcast in Canada.”
Our ability to address human rights issues as parliamentarians directly affects Canada's ability to create change and effectively impact other intersecting issues, including COVID-19, migration, climate, emerging tech and counterterrorism, which all have human rights dimensions. Bill C-281 canvasses many of these intersecting themes.
We look forward to working with the member for Northumberland—Peterborough South, as well as with all members of this House, to find concrete and durable solutions to address the human rights challenges of tomorrow.
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Madam Speaker, I am pleased to speak today to Bill C‑281 introduced by the member for Northumberland—Peterborough South. This bill has a relatively long, but rather clear title and, as the member mentioned, it is a good exercise in diction. It is the act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky Law, the Broadcasting Act and the Prohibiting Cluster Munitions Act.
In this first hour of second reading of the bill, I will end the suspense right away and say that my colleagues from the Bloc Québécois and I are voting in favour of Bill C‑281. The underlying principle of Bill C‑281 is quite commendable because its provisions seek to better combat human rights violations in the world. I think that Bill C‑281 should definitely be debated, discussed and perhaps improved. I commend the member's openness to the idea of improving this bill in committee. I will even make one or two suggestions in the House that I hope will fuel the work of the committee.
Bill C‑281 proposes changes to four current pieces of legislation and I propose to go over them one by one.
The first act to be amended is the Department of Foreign Affairs, Trade and Development Act, more specifically section 10, which lists the powers, duties and functions of the Minister of Foreign Affairs. Bill C‑281 would add two obligations for the minister to fulfill every year, that is publishing a report outlining measures that Canada has taken to advance human rights internationally and a list that sets out the names and circumstances of prisoners of conscience detained worldwide for whose release the Government of Canada is actively working. In our opinion, the first obligation represents a way of ensuring that when the minister makes an announcement, it is followed by concrete action.
Recently, the Department of Foreign Affairs has not had a shining record of walking the talk. For example, after announcing a freeze on the assets of Russian oligarchs in the spring, it was impossible to subsequently ascertain if they had actually been frozen or who was responsible for the file.
Then, after it was announced that these assets could be liquidated in order to help Ukraine financially, we learned that the bill probably could not be implemented. Simply put, for sanctions to work, just announcing them is not enough; they have to be implemented. The same goes for measures to advance human rights internationally.
As for the list of names of prisoners of conscience, I think it would be worthwhile to ask some experts whether exceptions should be made in terms of making that list public, for instance in the case of political prisoners whose safety could be compromised if their names were published. It might also be worth thinking about a way to allow a group of parliamentarians, for example, to determine whether a name should indeed be excluded. This could be examined by a committee working in camera.
The second act amended by Bill C‑281 is the Justice for Victims of Corrupt Foreign Officials Act, as known as the Magnitsky act.
Bill C‑281 states that the minister must respond to committee recommendations regarding the application of Magnitsky sanctions against an individual and that the minister must table that response within 40 days after the adoption of a report recommending such sanctions or within the time limit specified by the committee. The minister's response must include a response to the committee's recommendations. The minister must indicate whether an order or regulation is to be made and set out the reasons for the decision to impose or not impose sanctions.
This new legislation would ensure a diligent response on the government's part to alleged human rights abuses. It will allow for faster follow-up on committee recommendations than the current standard, which gives the government 150 days to respond and states that the committee can request a response, but there is no obligation. Furthermore, under normal circumstances, the response to a committee report can be “comprehensive”, a term that Speakers of the House have always declined to define. The requirement to set out reasons for a decision is more precise and more in line with the principles of natural justice.
The third act that Bill C‑281 seeks to amend is the Prohibiting Cluster Munitions Act. Cluster munitions are weapons made up of a number of submunitions. They scatter a large number of explosive devices over a wide area.
These weapons are notorious for leading to many deaths and serious injuries each year. The victims are often children, since the small, brightly coloured, baseball-sized bombs do not always explode on contact with the ground. They can remain there for many years, even decades, before being handled by children.
This type of weapon is not prohibited under international law, with the exception of using them in built-up civilian areas. However, there is the 2008 Dublin convention, to which 110 countries are party, including France, Germany and the United Kingdom, but which countries such as China, India, Brazil, Russia and the United States have neither signed nor ratified. Canada signed the agreement in 2008, but the legislation allowing for its ratification did not come into force until 2015, and it is precisely this legislation that the current bill, Bill C‑281, seeks to amend.
As currently written, the legislation prohibits all persons from using, manufacturing, acquiring, possessing, moving or importing cluster munitions. The amendment broadens the group covered by these prohibitions to include any person or corporation that has a financial interest in a group or person that has committed, aided or abetted a third party in committing the wrongdoing that I have just listed.
We believe that Bill C‑281 is a step in the right direction towards a safer world, especially for children in the long term, but we are aware that the bill may be met with resistance from the American arms lobby, given that many companies still manufacture this type of weapon. We hope that our parliamentary colleagues will not give in to this pressure when it comes time to discuss amendments to the bill and vote on it.
Finally, Bill C‑281 will amend the Broadcasting Act to facilitate the revocation of licences for television or radio broadcasts in Canada when they are influenced by a foreign national or entity that has committed acts that the Senate or the House of Commons has recognized as genocide, or if these broadcasts are influenced by officials subject to sanctions under the Sergei Magnitsky Law. This bill would give the House the power to use simple motions to block foreign media, if those media are vulnerable to being influenced by entities that have committed crimes. Whether or not the content of these media is neutral or the fact that the content is beyond reproach would not be the basis for the assessment. State media are used to spread ideas, information about a culture, a viewpoint of the country in question, in short to promote a country directly or indirectly. We can think of the example of China and its vaccine diplomacy. China widely publicized the fact that it distributed massive amounts of vaccines in Africa. The purpose was to bolster its image by making people forget about its dubious management at the outset of the pandemic, and also to make people overlook the crimes committed against the Uighurs within its borders.
As for non-neutral content, unfortunately there is no shortage of examples of that, too. The war in Ukraine brought to light the full arsenal deployed by Russia to destabilize Ukraine and NATO through a hybrid war effort, which includes using the media to sow doubt or to destabilize the government by creating internal tensions among citizens. For example, Russian media gave a huge platform to anti-vaccine and anti-health measure conspiracy theorists, especially those who criticized government policies, giving them greater exposure to criticize local governments and whip up public discontent. We have also seen this kind of tactic used on another scale elsewhere in the world. Russian media specifically targeted Canadian soldiers on a mission in Latvia with the aim of discrediting them and stirring up mistrust among locals. This kind of disinformation campaign can go on for years.
Both in cases of neutral content and in the case of content that is explicitly not, banning such a broadcast through a motion does not seem excessive when the country in question is recognized by Parliament as having committed an act of genocide.
For all these reasons, my colleagues and I support the bill at second reading. We hope to have the opportunity to follow its progress through committee, which I am sure will be very interesting.
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Uqaqtittiji, I thank the member for Northumberland—Peterborough South for this thoughtful bill. I thank my constituents from Nunavut for trusting in me to represent their voice on such important matters as Bill C-281. I especially appreciate this opportunity, as I learned more about our laws in this bill and where our work as parliamentarians can make a difference for human rights domestically and internationally.
The amendments proposed have four different pieces of legislation that are important, given the gaps in Canada's efforts to meet international human rights obligations. While much more could have been proposed, the New Democrats will vote in support of this bill because it addresses concerns about some of the weaknesses in Canada's approach to human rights.
The four instruments that would be amended are the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, the Broadcasting Act and the Prohibiting Cluster Munitions Act.
My intervention will continue with each set of amendments to the acts in that order.
Regarding amendments to the the Department of Foreign Affairs, Trade and Development Act, New Democrats agree that the minister, in exercising his or her powers, must annually report publicly measures taken to advance human rights. New Democrats agree this amendment would increase transparency and accountability.
Canada's current international human rights mechanisms, obligations and reporting are complicated and difficult to measure. This bill would make it easier for Canadians to find out what Canada is doing through the work of the minister through the suggested report and publishing the list as suggested.
Requiring an annual publication could bring to light the need for Canada to be more consistent in its approaches to meeting its human rights obligations. I will highlight two cases. Everyone is aware of how hard Canada worked to have the two Michaels released from China. More attention needs to be brought to Canadian Huseyin Celil who has remained in prison since 2006. According to Amnesty International, “Huseyin has spent much of his time in solitary confinement. He lacks healthy food and is in poor health” and “Huseyin has been in prison for 10 years after an unfair trial [in China].”
Regarding the production of a list of prisoners of conscience that Canada may be working to have released, this legislation would be a good step toward transparency and accountability. There is, however, a concern that there is no international legal definition of the term “prisoner of conscience”, and this creates a risk that individuals could be excluded from this important process. At debate, New Democrats would suggest wording that would tie it closer to international human rights laws and standards.
For the above reasons, I put in the record that the United Nations has recommended for years that Canada should have an international human rights action strategy. Adding that requirement for the preparation, completion and annual reporting of the national action plan could strengthen this bill. New Democrats will advocate for a whole-of-government approach and would suggest further discussion on whether requiring a singular focus on the minister's obligation is sufficient.
On the Justice for Victims of Corrupt Foreign Officials Act, New Democrats have always said that Canada's sanctions regime needs improvements. Canada's transparency and enforcement must be at the crux of this. We currently do not know how the government makes decisions about who should or should not be on this list. New Democrats expect that the foreign affairs committee would undertake this study shortly.
This bill would not fix all of the problems in the current system. However, it would create a mechanism to allow committees of the House or the Senate to nominate designations to Canada's sanctions lists. Experts like Bill Browder have recommended this and we support it.
On amendments to the Broadcasting Act, the New Democrats support the proposed changes. We only have to mention last February to see how foreign content influences Canadians' views in a very negative way. While there is existing legislation that allows de-authorization, this act will strengthen the bill by automatically prohibiting the issuing, amendment or renewal of broadcasting licences in cases where the House or the Senate have recognized genocide or where Canadian sanctions apply.
On the Prohibiting Cluster Munitions Act, this amendment attempts to make improvements but does not go far enough. Cluster bombs have caused over 20,000 casualties since 1960. This bill does not address the major problem in our current legislation, which permits Canadians to transport or directly use cluster munitions as part of joint operations with another country's military. This is an issue the New Democrats have asked the government to fix for years.
Overall, this bill has many opportunities to provide more transparency for Canadians regarding international human rights. This bill would not fix everything. We have an important role regarding international human rights. We set the stage for other countries to look up to the choices we make. We must do more to set the example of what we want to see and hold people accountable for their actions. We must be seen as a country that will truly uphold international human rights standards.
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Mr. Speaker, I rise in strong support of Bill C-281, the international human rights act.
Let me take this opportunity to commend my friend and colleague, the member for Northumberland—Peterborough South, for championing this important piece of legislation, which will strengthen Canada's position to advance international human rights. The bill will do so in several concrete ways.
It strengthens the Prohibiting Cluster Munitions Act passed by the Harper Conservative government. Cluster munitions are having a devastating impact on civilians, given their indiscriminate effects. The bill will give additional teeth to Canada's international commitments, codified under the act, by restricting investments in entities that are in contravention of it.
The bill further strengthens international human rights by giving the government tools under the Broadcasting Act to stop the proliferation of foreign propaganda from genocidal regimes.
The bill also provides important new reporting requirements on the part of the Minister of Foreign Affairs. More specifically, the bill requires the minister to publish an annual report on the actions the government is taking to advance international human rights, as well as to name and provide background on the plight of the prisoners of conscience Canada is seeking to release.
This has two positive impacts. First, it enhances transparency and accountability by requiring the Minister of Foreign Affairs to spell out in writing exactly what the government is doing to advance international human rights. Second, it provides a platform to shine a light on the individual cases of prisoners of conscience and, further, to draw attention to human rights abusers who are responsible for serious crimes.
Importantly, this bill provides a new accountability mechanism for the government in the realm of sanctions policy. Pursuant to the bill, if the foreign affairs committee of either the Senate or the House of Commons recommends the imposition of Magnitsky sanctions against human rights violators, the Minister of Foreign Affairs would be compelled, within 40 days, to table in Parliament a response indicating the government's position on the imposition of such recommended sanctions, as well as its reasons for imposing or not imposing sanctions.
This is needed and timely, especially having regard for the track record of the government, which for the past several years has failed. It has refused to impose Magnitsky sanctions, notwithstanding the fact that there is no shortage of human rights violators and that the Magnitsky sanctions are an important tool the government has to sanction human rights violators.
For example, when the special committee on Canada-China relations tabled its report in February 2021, it made a unanimous recommendation that targeted Magnitsky sanctions be imposed on the Chinese communist regime officials responsible for serious human rights violations in Hong Kong. The response of the government was to ignore that unanimous recommendation. The Liberals did absolutely nothing. What was the rationale for why they did nothing while allies such as the United States imposed sanctions? We do not know. The government did not need to say or provide a rationale. The bill changes that.
Hong Kong is not the first time that the government has ignored the will of Parliament with respect to international human rights. A little more than four years ago, the House voted overwhelmingly to designate the IRGC as a terrorist entity. More than four years later and 1,003 days after the IRGC shot down PS752, killing 176 passengers, including 85 Canadian citizens and permanent residents, the government continues to drag its feet. The government still has not implemented the will of Parliament in designating the IRGC as a terrorist entity.
This is the same IRGC, by the way, that an Ontario superior court judge determined committed an act of terrorism in shooting down PS752, and the same IRGC that is arresting, torturing and murdering peaceful pro-democracy protesters in Iran as we speak.
Earlier this week, the Prime Minister was asked, not once, not twice, but on four occasions, by the leader of the official opposition, if the IRGC is a terrorist organization. The Prime Minister could not bring himself to state the obvious, that the IRGC is a terrorist organization. It was a total abdication of leadership on the part of the government and absolutely shameful.
It is not just about designating the IRGC as a terrorist entity. The government has failed to sanction any of the perpetrators responsible for the downing of PS752.
Dr. Hamed Esmaeilion, president and spokesperson for the Association of Families of Flight PS752 Victims, appeared before the Subcommittee on International Human Rights in June. He said that, the previous year, his association hand-delivered to the Minister of Foreign Affairs more than 50 names of perpetrators responsible for the downing of PS752. More than a year later, there was no action and no Magnitsky sanctions. There is nothing at all.
What is the government's rationale? We do not know. It will not say. This bill is a mechanism that provides some level of accountability.
What we have over there is a government that is soft on terrorism, that will not even call the Uighur genocide being perpetrated by the Chinese Communist regime what it is, a genocide. We have a government that has repeatedly dragged its feet in imposing Magnitsky sanctions on human rights violators who are committing crimes against humanity.
In the face of the disgraceful record of the government when it comes to international human rights, at the very least it is imperative that parliamentary committees have a tool to compel the government to respond and explain its lack of action. This bill does precisely that, and it is why it has my full support.
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- Oct/7/22 2:27:05 p.m.
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Resuming debate.
I wish to inform the hon. Parliamentary Secretary to the Minister of National Defence that he has four minutes to begin his speech.
The hon. parliamentary secretary.
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Mr. Speaker, as I will likely be the final speaker here today before we rise for Thanksgiving, I want to wish everyone in the House, the Speaker, all the staff, the clerks, the pages, who help make everything run, and security a very happy and prosperous Thanksgiving. I am certainly looking forward to getting home and seeing family, as I am sure everyone is.
Canada's commitment to fostering respect for democratic values and the promotion and protection of human rights is long-standing. Over the last 70 years, we have played a prominent role in the development of significant human rights instruments, including the Universal Declaration of Human Rights.
Canada is recognized for its system of justice and strong institutions that positively reinforce the rule of law. Canadian expertise is sought to help others strengthen their own efforts to respect human rights, and our government has taken active measures to stand against human rights violations and support the brave work of human rights defenders around the world.
Canada's efforts in this domain are considerable, especially in contexts where impunity for gross and systemic violations of human rights are evident and where there are protracted political crises at play. In such contexts, the international community must be able to signal its concerns and work collectively to change behaviour. Sanctions are a key part of the tool kit that can be deployed.
Bill C-281, introduced in the House of Commons by the member for Northumberland—Peterborough South, seeks to amend the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky law. It is within this vein that I wish to speak and elaborate on Canada's robust sanctions regime and our role as a global leader in holding the violators of human rights to account.
In our challenging contemporary landscape, with its mounting disruption and global uncertainty, sanctions remain a valuable tool for addressing the violations of international norms and standards and pressuring states to change their behaviour. Indeed, Canada and the wider international community have worked together for decades to build this strong foundation of peace, prosperity and security for the global community.
Canada continues to stand shoulder to shoulder with our closest allies in the deployment of sanctions as part of a principled but pragmatic approach to foreign policy. Under both of our pieces of autonomous sanctions legislation, the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act, Canada has become a global leader in the sanctions effort to end impunity for those who violate international human rights.
I see my time is almost over, so I will simply wrap up by again wishing everyone an amazing long weekend and Thanksgiving. I want to wish all constituents in Cambridge, Ontario, and those across Canada a happy Thanksgiving too.
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The time provided for the consideration of Private Members' Business has now expired. The order is dropped to the bottom of the order of precedence on the Order Paper.
Before adjourning the House, on behalf of the speakership, I would like to wish a happy Thanksgiving to all members and to all employees of the House, who do extraordinary work, from the Parliamentary Protective Service to the interpreters, not to mention the pages. I cannot name everyone so I will sincerely thank you all.
It being 2:31 p.m. the House stands adjourned until Monday, October 17, at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).
(The House adjourned at 2:31 p.m.)
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