44th Parl. 1st Sess.
June 13, 2023 10:00AM
He said: Madam Speaker, I appreciate the opportunity to address Bill S-8 today. This is important legislation that Conservatives have been supportive of. It is also an opportunity to discuss the significant problems with the sanctions regime that we have seen under the government, including the failure to move quickly enough to sanction perpetrators of violence around the world, the failure to be consistent and the failure to apply sanctions in some critical cases where that is required.
I want to focus my remarks today on expressing support for the modifications, as we supported them at committee, around inadmissibility to Canada being tied in with sanctioning. I also want to highlight the gaps, in terms of the government's responses when it has come to sanctioning.
The trend we are seeing overall, in terms of sanctioning, is to try to be as precise and as targeted as possible. This is done to minimize the harm to a civilian population in association with sanctioning and to have sharp sanctions against perpetrators of violence to hold them accountable for their own actions, as well as to sanction those institutions that are involved in violence and the flow of resources that allows violent regimes to hurt their own people and people in other countries.
More and more precise sanctions, broadly speaking, are a positive development. However, as we move in this direction, we need to ensure precision and enforcement, as well as that we are not missing things or allowing holes in the process that render the sanctions that have been put in place ineffective. We also need to ensure that enforcement is in place as required and that it is effective.
Another trend we have seen is the adoption throughout the world of Magnitsky sanctions legislation, which is part of that trend of narrowing in precision and targeting those responsible for violence. In particular, it aims sanctions at those involved in gross violations of human rights.
In the past, those involved in violations of human rights in other parts of the world would generally have stayed in their own countries. However, in the globalized world we live in today, it is much more common for oppressors, oligarchs and maybe their family members to take their ill-gotten gains and try to use them to vacation, attend school and do other things in various other parts of the world, including the United States, Canada, Europe, etc. Magnitsky sanctions provide us with a unique opportunity to try to deter human rights abuses by saying to those who are involved in gross violations of human rights that they are not going to be able to engage in this kind of travel, move their money or spend time in Canada or other parts of the world if they cross certain thresholds in terms of violations of human rights.
Another reason these types of sanctions are very effective is that, when people are part of violent autocratic regimes, they often realize that these regimes can turn on those within them. As the saying goes, “Sometimes the show trial comes for you.” These corrupt officials who have been involved in violence are often thinking in the back of their minds, “What is the escape hatch that I could have if I need to leave my country at some point? Can I move my money? Can I create a kind of golden parachute that would allow me to leave the regime I am a part of, if I need to?”
Magnitsky sanctions, by sanctioning individuals who are involved in human rights abuses, are a way of saying that if individuals cross a certain threshold in terms of violation of fundamental human rights or if individuals are identified as being involved in violence against civilians, human rights violations or threats to international peace and security, they could be sanctioned and therefore prevented from finding that escape hatch. One corollary to the point of people maybe wanting to escape at some point but being told that they would not be able to escape and using that as a way of deterring human rights abuses is that, in order for these sanctions to be effective, they have to be imposed in coordination.
If Canada, the U.S. and our partners in Europe are sanctioning different people, then those who may be sanctioned in one place but not another would still have that escape option available to them. However, if like-minded countries are coordinated, then it shuts off the potential options of escape for those involved in human rights abuses. Therefore, it puts pressure on them to stop or at least to limit their violations of fundamental human rights.
They know there will be significant consequences for them if they persist in this direction. I think we have a big problem with impunity right now. People who are involved in human rights violations believe they will get away with it, because we do not have effective systems to hold people accountable. Magnitsky sanctions are a key tool for countering that.
It is in that spirit that Senator Andreychuk and, in this place, my colleague from Selkirk—Interlake—Eastman put forward the Magnitsky sanctions bill. It initially received a cold response from the government, but eventually, it was passed unanimously. With Bill S-8, if an individual is subject to sanctions, including under the Magnitsky act, they are also considered inadmissible to Canada. It lines up inadmissibility provisions with sanctions provisions. This is positive.
The problem is that the Magnitsky act and other sanctions tools give the government tools to use for sanctioning individuals, but unfortunately, the government has been reluctant to use them. For a number of years now, the government has not used the Magnitsky sanctions tool. When it was passed, the Magnitsky act provided the government with tools for sanctioning human rights abusers under the Special Economic Measures Act, and some of that has been done.
However, the absence of the use of the Magnitsky act is troubling, especially because the act is an important mechanism of coordination among allies. Multiple countries have a Magnitsky act, and if we are able to use our Magnitsky act and coordinate with other countries' use of their Magnitsky acts, we can send a stronger, clearer message of deterrence to human rights abusers.
The government has been very reluctant to use a tool that it has been given by Parliament and encouraged by Parliament to use. Recognizing the failure of the government to use the Magnitsky act sufficiently, we have actually put forward a new private member's bill. It just passed this place, and it is on its way to the Senate.
Bill C-281 would create a parliamentary trigger mechanism that would allow a committee, in the House or in the Senate, to pass a motion calling on the government to list an individual under the Magnitsky act. The government would then have to provide a response to that committee within a time frame consistent with the time frame for responses to committee reports in the Standing Orders. It would have to provide that response regardless of, for instance, whether there is a prorogation.
We recognize the value of the coordination that we are seeing in Bill S-8, but like any other sanctions tools, it is only as good as its use. If the government is failing to use that tool, then we are still going to have a significant problem.
I want to use this opportunity to call on the government to use more sanctions and more effective targeted sanctions against the military junta in Burma. I have met with various communities from Burma recently. There is an urgent need to support pro-democracy and opposition movements in Burma, as well as to apply tighter, more rigorous and more effective sanctions against the Burmese regime.
That is the case for a number of reasons. One is that the Burmese regime is supporting and co-operating with the Putin regime. We see increasing collaboration among countries that are seeking to violently upset the international rules-based order, as well as a sharing of weapons and technology among them. If we want to effectively sanction the Putin regime and deter further violence by that regime, then we also have to be sanctioning the partners that are supplying them with military technology; that includes the government of Burma.
The government of Burma has also been involved in horrific violence against civilians. It is undertaking a campaign of air strikes targeting civilians that is horrific in its proportions. It follows, of course, the Rohingya genocide that we spoke extensively about in the House a number of years ago. It has been positive to see an increasing collaboration or reconciliation among various ethnic minority communities and the pro-democracy movement, including Rohingya in that process, of course.
More work needs to be done there, and Canada needs to stand with opposition groups. That includes sanctioning the Burmese regime. In particular, the government should be applying tough sanctions to prevent aviation fuel from getting into Burma. Aviation fuel is what is allowing the military junta in Burma to undertake these horrific air strikes against civilians. Sadly, until now, this has been a gap in terms of government sanctions, but I hope it will step up and improve in that respect.
Overall, we are supportive of Bill S-8, but we are very concerned about the government's failure to use the tools that are available to it on sanctions. We call on it to apply those tools more effectively.
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- Jun/13/23 1:35:54 p.m.
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Madam Speaker, it is nice that we finally got to the debate on what it is that we were supposed to be debating a few hours back.
Let us put behind us the fact that Stephen Harper and his government did nothing in regard to the sanctions. It took this government to ultimately ensure that there would be sanctions. The violation of human rights is something that Canadians as a whole take very seriously, as we know.
This legislation, in essence, would apply additional sanctions by not allowing individuals who have been sanctioned to be admitted to Canada going forward. Does the Conservative Party clearly support this legislation?
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- Jun/13/23 1:36:49 p.m.
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Madam Speaker, I think I have been very clear about that already, but I do want to pick up on the first comment he made about the Harper government and sanctions.
What he said is obviously nonsense. In fact, under the Conservative government, Canada led the world following the invasion of Ukraine and we were able to drive a consensus in the G7 that led to a tough response. It was likely not tough enough, but we were able to bring our allies along for a response that removed Russia from what was then the G8 and sanction Russia for the invasion of Ukraine that began at that time in 2014.
Of course, there have been changes in the world. There have been further developments since then, and I am very pleased about the passage of the Magnitsky act. It was a Conservative private member's bill that was passed following the 2015 election. I will also mention boycotting the Commonwealth summit in Sri Lanka.
After the Liberal government took office, the Liberals actually wanted to warm things up with Russia. They wanted to have good, warm, cozy relations with Russia again. That was what the then foreign affairs minister Stéphane Dion was pursuing, and the Liberals cut off sharing radar satellite images with Ukraine.
Conservatives have been steadfast with Ukraine, opposing the Putin regime from the beginning.
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- Jun/13/23 1:38:18 p.m.
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Madam Speaker, I will refrain from commenting on the misinformation the member just presented and ask him something very clearly.
Canada is a part of the Five Eyes community. In that community, countries like the United States and England and Australia do have similar legislation. Can the member give a specific example of what those countries have done that Canada has not done if he is saying we have not put in enough sanctions? What country among the Five Eyes trusted allies has put in more sanctions?
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- Jun/13/23 1:38:59 p.m.
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Madam Speaker, everything that I said in my previous response is on the public record and is easily verifiable as accurate.
The member asked if there are instances of other countries that have imposed sanctions that Canada should have imposed. Yes, absolutely, and I will pick one present topical example.
Five years ago, the House listed the IRGC, the Islamic Revolutionary Guard Corps in Iran, as a terrorist organization. The House voted five years ago. That member, if he was present, voted for it. I know the Prime Minister was present but he did not vote for that listing.
In five years, they have done nothing. It has been five years of inaction in terms of recognizing the IRGC as a terrorist organization. The United States has recognized the IRGC as a terrorist organization.
We just had hearings at the foreign affairs committee on the Wagner Group. We have been calling for the listing of the Wagner Group as a terrorist organization. The United States has listed it as a transnational criminal organization, which is slightly different, but they have applied tough sanctions against the Wagner Group that we have not applied at an equivalent level.
There have been various instances. For instance, there are officials associated with the Sri Lankan military to whom we did eventually apply some sanctions this year, but we were way behind the Americans, who had applied those sanctions years before. There are many examples, actually, of allies being far ahead of us on sanctions.
We need to do better. We should be leading, by the way, not just catching up. We should be leading in terms of taking a stand against violations of fundamental human rights.
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Madam Speaker, the government will use every tool at its disposal to punish all those responsible for violations of international law, such as human rights abuses.
As members know, sanctions have proven to be effective foreign policy instruments to hold bad actor regimes accountable for their blatant disregard for the rules-based international order. The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights and significant acts of corruption. Russia’s continued war of aggression against Ukraine is just one example.
In reaction to the Russian annexation of Crimea and the most recent developments in Russia’s war of aggression against Ukraine, Canada has imposed a series of individual and economic sanctions. Sanctions may be enacted through a number of instruments, including the United Nations Act; the Special Economic Measures Act, or SEMA; and the Justice for Victims of Corrupt Foreign Officials Act, the Sergei Magnitsky law.
The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights, and significant acts of corruption. Under our autonomous sanctions legislation, sanctions against individuals and entities can include a dealings ban, which is effectively an asset freeze, and restrictions or prohibitions on trade, financial transactions or other economic activity. Canadians are also prohibited from dealing with sanctioned individuals, effectively freezing their Canadian assets.
Canada’s well-managed immigration system has a strong global reputation, in part due to its well-balanced enforcement system. For nearly 20 years, Canada’s Immigration and Refugee Protection Act, IRPA, has worked in tandem with our sanctions legislation to ensure bad actors are found inadmissible to Canada. The IRPA defines the applicable criteria for all foreign nationals seeking to enter or remain in Canada, including grounds of inadmissibility that would lead to an application by a foreign national for a visa or entry to Canada to be refused.
In the case of the inadmissibility provisions of the IRPA as they relate to sanctions, decisions are relatively straightforward: If an individual is explicitly identified under one of the sanctions' triggers, they will be found inadmissible to Canada under the IRPA on that basis alone.
However, inadmissibility provisions of the IRPA as currently written do not fully align with all grounds for imposing sanctions under the SEMA.
In 2017, two new sanctions-related inadmissibility criteria were brought into force by the Senate bill, Bill S-226. Bill S-226 ensured that foreign nationals sanctioned under the SEMA were inadmissible to Canada, but only in circumstances of gross and systematic human rights violations and systematic acts of corruption. This approach meant that foreign nationals sanctioned under other provisions, such as “a grave breach of international peace and security”, which has been frequently used in sanctions imposed in response to the Russian invasion of Ukraine, were not inadmissible to Canada.
In other words, this means that Russian individuals sanctioned under the SEMA may nevertheless continue to have unfettered access to travel to, enter or remain in Canada, unless they are inadmissible for other reasons.
This is unacceptable and runs in direct opposition to the government’s responsibility to protect our country’s residents. It also contradicts the very essence and purpose of these sanctions against foreign entities.
Parliament previously identified this as a legislative gap in Canada’s sanctions regime. In 2017, the Standing Committee on Foreign Affairs and International Development, or FAAE, recommended that the IRPA, the Immigration and Refugee Protection Act, be amended to designate all individuals sanctioned under the SEMA, the Special Economic Measures Act, as inadmissible to Canada.
The legislative amendments we are discussing today under Bill S-8 respond to these recommendations and would help to further bolster Canada’s sanctions against bad actor regimes. Among other important amendments, Bill S-8 would help to ensure that all foreign nationals subject to sanctions under the SEMA are inadmissible to Canada. If passed, the current inadmissibility ground relating to sanctions would be expanded to ensure foreign nationals subject to sanctions for any reason under the SEMA would be inadmissible to Canada.
These important amendments would ensure sanctions have meaningful consequences, both from an economic perspective and in terms of immigration and access to Canada. In adopting these measures, Canada would be sending a very strong message to the world that those who violate human rights are not welcome in our country.
The Government of Canada will continue to stand firmly against human rights abuses abroad, and we will hold both Russia and all other bad actor regimes accountable for their actions. At the same time, the government remains firmly committed to protecting the safety and security of all residents here on Canadian soil.
Fully aligning the inadmissibility provisions with grounds found under Canada’s autonomous sanctions legislation will result in a significant increase in the number of sanctioned nationals being rendered inadmissible to Canada. These include individuals sanctioned as a result of their roles in grave breaches of international peace and security, resulting in serious international crises, as well as individuals sanctioned as a result of calls from international organizations. This includes sanctioned individuals from Russia, Belarus, Ukraine, Iran, Myanmar, Syria, South Sudan, Venezuela, Zimbabwe and North Korea.
Without these proposed amendments, many of those who are sanctioned in these states may continue to access Canada and threaten the safety of all those who live in our peaceful country. Bill S-8 is urgently needed to address this gap in our current legislation. For this reason, I implore all hon. members in this house to support this important and timely legislation.
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- Jun/13/23 3:42:39 p.m.
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- Re: Bill S-8
Madam Speaker, I am happy to rise to enter into debate with respect to Bill S-8. People may ask what Bill S-8 would do. The bill would make changes to sanctions related to immigration enforcement by bringing the Immigration and Refugee Protection Act into line with the SEMA. It would make sanctioned individuals, including previously sanctioned individuals, inadmissible to Canada.
Ukraine has also asked Canada to take this step with regard to Russians on our sanctions list. At present, the great breach of international peace and security is the primary mechanism that Canada is sanctioning Russian individuals under, and that does not currently trigger the inadmissibility provisions. That is why we have Bill S-8 before us, which is meant to fix this.
I should note, though, that what Bill S-8 would not do is address the absence of parliamentary oversight of our sanctions regime or enforcement in areas that are not immigration related; that is, the seizing of assets. Therefore, a lot of work needs to be done to fix our sanctions regime if Bill S-8 is to pass.
The bill would not fix the challenge of clarity either, for example, why the government adds some names but not others and for what reasons. Further, public communication and access to sanction lists is still subpar. We need a comprehensive review of Canada's sanctions regime. The NDP has proposed a study at the foreign affairs committee on Canada's sanctions regime, and we hope that study will take place this winter.
Canada's foremost expert on sanctions policy, Andrea Charron, has said:
While there is nothing wrong with highlighting in the Immigration and Refugee Act that inadmissibility due to sanctions is possible, this repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues. If we are to continue to sanction autonomously with allies, we need to fix fundamental issues of policy and process.
This has been put on the public record by experts, so the bill is a step in the right direction, to be sure.
We are debating a bill that is supported by all the parties in the House, but what is happening is the Conservatives are trying to use parliamentary tools to delay progress of the work in the House. Not only are we debating this bill that everybody supports and wants to get done, but the Conservatives have moved an amendment to change the title of the bill. This is a tactic. In fact, at this moment, what we are technically debating is a motion to change the title of the bill. I have seen this play over and over again in this Parliament.
Last week, we had debate on the child care bill. What did the Conservatives want to do? We were debating the child care bill until midnight, a bill that we wanted to move forward to ensure that child care provisions were made available to Canadians. Instead of doing that, we were debating a motion to change the title of the bill. That is what we are doing again.
I find it distressing that those are the tactics on which the Conservatives repeatedly rely. The sole purpose of that is not to talk about the substance of the issues and the importance of the issue and how we can improve the legislation or how we can improve the situation for the people who need the changes, but, rather, it is a tactic that is deployed by the Conservatives to upset progress in the House, all for partisan politics. It is all for the Conservatives' own political motivation. It has nothing to do with the work that is really important for the people.
With respect to the issue around sanctions, why is this so important? We need to ensure that inadmissibility is in place. We are talking about Russians who have waged this illegal war against Ukrainians. We are also talking about other countries that are faced with sanctions as well.
However, the ineffectiveness of our sanction regime has been highlighted over and over again. In addition to the inadmissibility piece, we need to also look at the issue around sanctioning that applies to assets as well. So far, what we have seen with respect to that arena is that very little effort has been made. It has not been effective.
We are now talking about foreign interference as it relates to China. For members of Parliament, including myself, who have been targeted by the Communist Chinese Party, there is a question about sanctions applying to China as well that needs to be in play. There are a number of different countries for which we need an effective sanctioning regime.
I would urge the members of the House, the Conservatives included, to stop playing games. Let us get on with the work. We are here to do this work and move forward. It is important to pass this bill and bring forward accountability measures for sanctioning regimes.
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- Jun/13/23 3:49:06 p.m.
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Madam Speaker, I appreciate a number of the member's comments. For me, it is very much about human rights and the role that Canada can play in regard to that.
What I have witnessed over the years is that Canada far exceeds, based on the population, the type of influence we have on the international scene. That is one of the reasons why it is important we support legislation of this nature and provide the sanctions.
Could the member provide her thoughts on that issue?
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- Jun/13/23 3:49:51 p.m.
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- Re: Bill S-8
Madam Speaker, as I mentioned, we need to actually get the proper sanction regime and one that is effective. Bill S-8 is a step in the right direction. Canada plays an important role, not just in the situation with Russia but for other countries as well, such as addressing, for example, Iran, the Iranian regime and the atrocious human rights violations. We need to bring those measures in place for other countries, such as South Sudan, Syria, Venezuela, Zimbabwe, and I could go on with a list. It is very important for Canada to get our sanctions regime in order.
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- Jun/13/23 4:06:33 p.m.
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Madam Speaker, one of the things I have been very concerned about is whether our sanction regime is actually being enforced. The easy part of sanctions is to put people on the list. The hard part is to actually enforce those sanctions and to make sure that they are transparent and enforced, as well as that we are following through with action.
We know, because we heard testimony from the RCMP at the foreign affairs committee, that there are very few resources allocated to our sanction enforcement in this country.
Would the member agree that if the government is just putting names on a list and does not actually enforce those sanctions, it is just committing political theatre?
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- Jun/13/23 4:09:48 p.m.
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- Re: Bill S-8
Madam Speaker, I want to get my remarks on Bill S-8 in Hansard today.
We know this bill is about sanctions and the sanction regime of this country. Sanctions are an important tool the government can use to deal with bad actors in the world.
One thing to note about recognizing the sovereignty of nations, as we want our sovereignty to be recognized, is the reality that we cannot enforce our laws in other countries. What we can do, though, is deal with other countries as entire entities or with individuals if they choose to come to Canada.
There is a whole host of reasons we would use sanctions. Most often, as we have seen lately, countries that violate human rights are subject to Canadian sanctions. Countries that do not respect the borders of other countries also get sanctions. Countries that are threatening to Canada, although maybe not directly, would be sanctioned too. We also sanction individuals. We may sanction folks who have committed heinous crimes in other countries that our courts have no jurisdiction over.
This tool has been used for many years, and in my time here in Parliament, we have improved, enhanced and worked to increase the sanctioning abilities of Canada. I am talking about the Magnitsky act. When I first came here, the Magnitsky law was passed, and more recently the name was changed to the Magnitsky act to better reflect what we are talking about here.
Putting sanctions on particular countries is something the government has the power to do, and it does do that from time to time. One is banning folks from coming here. I do not know if members know this, but I am living under a sanction. I am one of the Canadians who have been banned from Russia. I do not think it was an overly effective sanction, as I was not planning to go to Russia anytime soon, but nonetheless, I am being sanctioned by Russia. In the same way, through sanctions, Canada will ban people coming from particular parts of the world from participating in Canadian society or visiting their family members who live in Canada. That is something Bill S-8 attempts to achieve. It would prevent folks on a sanctions list who are from a country being sanctioned from coming to and visiting Canada.
What is interesting about all of this is that it does not seem to be a problem. When folks came to the Senate committee, they noted that there did not appear to be any attempts by people who are sanctioned to try to come to Canada. In the same way, with me being sanctioned and made a persona non grata in Russia, there is no major threat of me breaking the sanction due to the fact that I am not planning to go to Russia anytime soon. Folks who are sanctioned by Canada often are not travelling to Canada. It was therefore noted at committee that this appears to be a solution in search of a problem. It appears the government is attempting to look like it is doing something when in fact there is no issue to be seen here.
This bill does theoretically ensure that folks who are under a sanction do not come to Canada, but at the same time, it gives dramatic leeway to the minister. Once again, this is where we run into trouble with the idea of the rule of law. The law should be written down so that folks are able to read it, and there should not be ambiguity in how it is enforced. When ministerial discretion is given to a minister, one case may be judged and ruled on differently than another, which is the challenge that folks have brought forward. This bill introduces some ambiguity as to who will be allowed into Canada and who will not be allowed into Canada.
I understand that there are times when we are challenged by the rule of law given that it is written rigidly. We can see that what is legal and what is right and just sometimes come into conflict. In that case, I imagine we could allow for ministerial discretion, but it will be a challenge for folks to bring this to the minister in a uniform way. Folks who are facing the same situation will depend on their connections and will depend on who they know in order to get an audience with the minister and get the minister's discretion to come into force, either to prevent folks from coming into Canada or to get around a particular sanction in a particular country.
There is some cause for concern that, once again, perhaps this is another piece of legislation where the rule of law is being undermined by ministerial discretion. We have seen this before with the Liberals. They do not necessarily do their homework when they are designing laws. They will put together a piece of legislation that says something nice at the very top and then turns out to be basically a blank piece of paper underneath. We have seen this before. Then they will say, “Trust us. We will write it in the regulations when we get to the regulations.”
We have seen this with their child care bill. We have seen this with their dental care program. We have also seen this with their disability benefit. The disability benefit regime is, in my opinion, probably the best case, or the worst case depending on how we look at it, to show how the government does not do the hard work of governing with legislation. Rather, it says, “We want to put this program in place, but trust us; we will get it right once we get there.”
We do not have any criteria on eligibility. We do not know who is going to get it. We do not know how this new program that is yet to be designed will impact the average Canadian. To some degree, that is what we see with Bill S-8 as well. It is governing by ministerial edict. It is governing without regard for what the law has written down.
All of that is a concern, but I want to bring this back to the point from folks at committee. They mentioned that there has not been, as far as they can tell, any attempt by somebody under Canadian sanctions to try to flout and get around those sanctions to come to Canada. That in particular is, I think, interesting since the government spent time on this bill.
The government will often accuse us, the Conservatives, of wasting time in this place. We are the official opposition. It is our job to scrutinize bills. It is our job to ensure that time is spent debating them, listening to Canadians from across the country with different perspectives and outlining problems that may be in legislation and problems that may be concerning to Canadians.
This is an interesting piece of legislation, as there has not been a case the government can point to, or a story, where somebody who has been under sanction has gained access to Canada through some of these measures. What I can say is that the government has let folks into Canada who have not been under sanction but who probably should not have come to Canada. I am thinking of one of the generals of the Sri Lankan army, who is responsible for a significant number of deaths in the Tamil community. The Tamil community was very upset that he was allowed in.
These are some of the things I am concerned about with this bill. I am looking forward to the discussion.
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- Jun/13/23 4:19:42 p.m.
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Madam Speaker, I thank my colleague from Peace River—Westlock. We both care deeply about this important issue that affects human rights.
To me, this bill is more important than ever.
On Saturday, I participated in a demonstration in support of women and girls in Iran. People told me that there should be sanctions against this religious regime, which keeps women in a state of subservience and inferiority.
This morning, I attended a meeting of the Standing Committee on Foreign Affairs and International Development, standing in for my colleague, the foreign affairs critic. The topic was the conflict in Ukraine, with a focus on terrorist groups like the Wagner Group and the horrible crimes being committed. Witnesses talked about women being used as sexual weapons in this conflict between Ukraine and Russia.
It is important to take action and send a clear message. The sanctions need to work. Canada must not be a haven for these criminals.
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- Jun/13/23 4:20:44 p.m.
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Madam Speaker, I think the member is talking about the use of sanctions. The use of sanctions is very important, but I do not think this bill affects the use of sanctions whatsoever.
We need to ensure that sanctions are put in place on the correct individuals and are then enforced. I am sanctioned by Russia in that I am not allowed to visit Russia, but that sanction is not necessarily of concern to me because I am not visiting Russia. In the same way, we sanction folks and say they are not welcome in Canada, but there do not seem to be many cases of folks who are banned from Canada attempting to access Canada.
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Madam Speaker, it is an honour to speak at third reading of Bill S-8, an act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the Immigration and Refugee Protection Regulations.
I am very interested in this subject because, early on in my career, when I was a student and a community worker, I worked with refugees a lot and I also worked in human rights. It was very hard sometimes. Our work was impacted by cases of people entering Canada under dubious or fraudulent pretexts. It was very disheartening to see these people, who had committed human rights violations and other serious offences in their own country, find refuge here in Canada. I think it is very important for Canada to use every tool at its disposal to punish all those responsible for violations of international law, such as human rights abuses.
As members know, sanctions have proven to be effective foreign policy instruments to hold bad actor regimes accountable for their blatant disregard for the rules-based international order. The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights, and significant acts of corruption. In reaction to the Russian annexation of Crimea and the most recent developments in Russia's war of aggression against Ukraine, Canada has imposed a series of individual and economic sanctions.
Sanctions may be enacted through a number of instruments, including the United Nations Act, the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act.
Under our legislation, sanctions against individuals and entities can include a dealings ban, which is effectively an asset freeze, and restrictions or prohibitions on trade, financial transactions or other economic activity. Canadians are also prohibited from dealing with sanctioned individuals, effectively freezing their Canadian assets. This tool to freeze the assets of those who have committed acts that violate human rights is really effective. It is incredible. Freezing their assets really gets their attention.
Canada's immigration system has a strong global reputation, in part due to its well-balanced enforcement system. For nearly 20 years, the Immigration and Refugee Protection Act, or IRPA, has worked in tandem with our sanctions legislation to ensure that bad actors are found inadmissible to Canada.
The IRPA defines the applicable criteria for all foreign nationals seeking to enter or remain in Canada, including grounds of inadmissibility that would lead an application by a foreign national for a visa or entry to Canada to be refused. In the case of the inadmissibility provisions of the IRPA as they relate to sanctions, decisions are relatively straightforward. If an individual is explicitly identified under one of the sanctions' triggers, then they will be found inadmissible to Canada under the IRPA on that basis alone.
However, inadmissibility provisions of the IRPA as currently written do not fully align with all grounds for imposing sanctions under the Special Economic Measures Act, or SEMA.
In 2017, two new sanctions-related inadmissibility criteria were brought into force by the Senate bill, Bill S-226. Bill S‑226 ensured that foreign nationals sanctioned under the SEMA were inadmissible to Canada, but only in circumstances of gross and systematic human rights violations and systematic acts of corruption.
This approach meant that foreign nationals sanctioned under other provisions, such as “a grave breach of international peace and security”, which has been frequently used in sanctions imposed in response to the Russian invasion of Ukraine, were not inadmissible to Canada. In other words, this means that Russian individuals sanctioned under the SEMA may nevertheless continue to have unfettered access to travel to, enter or remain in Canada, unless they are inadmissible for other reasons. This is unacceptable.
As we know, Parliament previously identified this as a legislative gap in Canada's sanctions regime. In April 2017, the Standing Committee on Foreign Affairs and International Development released a report that recommended that the IRPA be amended. The objective was to designate all persons sanctioned under the SEMA as inadmissible to Canada.
That is what is proposed in Bill S-8. The proposed amendments would ensure that all inadmissibility ground relating to sanctions are applied in a cohesive and coherent manner. Bill S‑8 will align the sanctions regime with inadmissibility to Canada so that Russian individuals and entities, which were recently sanctioned because of Russia's invasion of Ukraine, and Iranian individuals and entities, which were sanctioned for supporting terrorism and their systematic and blatant human rights violations, are inadmissible to Canada.
These amendments are very important because they would enable the Canada Border Service Agency and officials at Immigration, Refugees and Citizenship Canada to refuse to issue visas.
These important amendments would ensure sanctions have meaningful consequences from both an economic perspective and in terms of immigration and access to Canada. In adopting these measures, Canada would be sending a very strong message to the world that those who violate human rights are not welcome in our country. The Government of Canada will continue to stand firmly against human rights abuses abroad, and we will hold both Russia and all other bad actor regimes accountable for their actions. At the same time, the government remains firmly committed to protecting the safety and security of all residents here on Canadian soil.
I know I am almost out of time, but I want to say that this is a very important bill for all political parties in the House of Commons as well as for my constituents in Châteauguay—Lacolle. We believe in justice, and we want justice. For that reason, I implore all hon. members of this House to support this important and timely bill.
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- Jun/13/23 4:34:30 p.m.
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Madam Speaker, my colleague seems to think Canada is tough and imposes sanctions on regimes and individuals that violate human rights around the world.
We recently passed a motion recognizing the genocide against the Uyghur community in Xinjiang, China. However, we continue to import products from that region. The United States dealt with the problem differently: It assumes that any product manufactured in that region is associated with human rights violations.
Does my colleague think Canada should adopt the same policy? We give no one any chances, and we no longer buy products from that region?
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- Jun/13/23 4:38:17 p.m.
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- Re: Bill S-8
Madam Speaker, it is my privilege to rise in the House today and offer my thoughts with respect to Bill S-8, a bill aimed primarily at amending the Immigration and Refugee Protection Act and other acts, including the Emergencies Act, to ensure that those whom Canada has sanctioned as a result of the war in Ukraine, and others, cannot claim sanctuary in Canada.
I would like to begin by addressing three areas of my remarks this afternoon. I will start by addressing some of the weaknesses in this legislation. This will be followed by thoughts that China poses a much stronger and more relevant case for this legislation. Finally I will say why, despite the obvious flaws, I will be supporting this bill, albeit with reservations.
When this legislation was brought before the Senate last year, the senators heard from Dr. Andrea Charron. Dr. Charron is the director of the Centre for Defence and Security Studies at the University of Manitoba. She noted what many of us in this chamber and the other place have noted over the past seven and a half years, which is that the Liberals really struggle to bring coherent legislation. Whether here or in the Senate, there is a pattern of bringing forward legislation that sounds good, sounds comprehensive and sounds tough but ultimately achieves nothing. That really is the legislative legacy of the current Liberals: symbolism and sanctimony over substance, and virtue signalling rather than leading with virtue. It is legislation that is far more concerned with looking and sounding good rather than with doing good. It is legislation that is ultimately aimed at pleasing certain core constituencies of the Liberal establishment and international entities rather than at achieving real change for Canadians.
As Dr. Charron put it, this bill “repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues.” As Senator MacDonald noted in his critique, “[Dr. Charron's] critique of government bills is becoming all too commonplace of late. Many of the bills that the government is introducing are increasingly reactive measures, usually quick responses to external events. They are hasty measures designed to be symbolic, and it shows.”
Despite the Liberals' claim that they are listening to the experts, which is a claim that experts whose testimony has been systematically blocked or ignored by the Liberals in committee would dispute, their actions are not based on reality, unless they mean experts in how to keep the government from collapsing under the weight of its own self-righteousness and its own ineptness. The scandal-plagued government and Prime Minister consistently bring forward legislation, when in reality, as noted by expert witnesses at committee, changes to departmental processes and policies would likely be more efficient and ultimately more effective.
This virtue-signalling, reactive approach to legislation is often coupled with creating a straw man. Rather than dealing with the real issue or causes, the current government creates a false narrative with false bogeymen and false spectres of impending disaster, and then it attacks anyone who attempts to take a critical approach to its disingenuous actions. Dr. Charron asked the Senate committee a simple question: Is this actually a problem that needs to be addressed? Has this actually happened? Are there thousands of pro-war, pro-regime Russians whom we have sanctioned breaking down the door to get into Canada? Dr. Charron was unaware of such an occurrence.
The Senate heard from Richard St. Marseille, the director general of immigration and external review policy at the CBSA. Mr. St. Marseille informed the committee that no sanctioned individual from any country is known to have entered Canada in the past five years. There have been refusals abroad, including five under the Special Economic Measures Act and 10 under the Magnitsky law, but even those refusals are out of 1,858 individuals sanctioned under SEMA and roughly 2,200 individuals listed under various sanction grounds. To put it another way, none of these individuals have entered Canada, and fewer than 1% have even attempted to do so.
We have a lot of problems with our immigration and border security systems right now, but the simple facts and figures show that this is not one of them, nor is it likely to become one of them, because, despite the Prime Minister's belief that he has created a progressive utopia where everyone wants to live, many people in other parts of the world, including Russia, do not see it that way. Many Russians look at similar so-called progressive policies by the Zelenskyy government in Ukraine as a degradation of traditional values and, by extension, as part of their justification for invading in the first place: in order to rescue Ukrainians from what they view as western decadence and widespread immorality. A vast majority of Russians are appalled by the decline of traditional family values and what they see as the failures and weaknesses of western culture.
A growing number of Russians may be opposed to the war, even to President Putin, but let us not mistake that for a seismic culture shift that will suddenly embrace progressive policies and values. The notion that we are going to have a flood of Russians, especially those who have been sanctioned by Canada for supporting the regime, and who have had their assets seized, suddenly wanting and trying to come here is, frankly, ridiculous. They know they are not wanted here, and that is fine with them because they do not want to live here. There is no evidence or even indication this has been, is currently, or will become a problem.
We do have a pressing public safety and immigration problem, and that is with the Chinese Communist government. We have the Chinese ambassador and an untold number of agents of Beijing working to actively undermine our democracy; to intimidate and harm expats and family members, even members of the House; and to engage in espionage and cyber-attacks.
The government has consistently refused to address the actions of Beijing; better put, it has actively covered up for China's government. There are our National Microbiology Laboratory, the Chinese police stations that continue to operate despite the government's claim they do not, and the government's continuing to fund them through the Liberals' Canada summer jobs program. In fact, if one substituted China for Russia as the impetus for this legislation, it would be a lot easier to see this as a genuine effort rather than as just more virtue signalling. The opposition has been demanding, for months, the removal of the Chinese ambassador, the shutting down of these police stations, a stop to the government's covering up for its friends in Beijing, and its coming clean about what happened at the National Microbiology Laboratory and with election interference.
Instead, the government seeks to keep Canadians in the dark and distracted by creating a straw man so they will not pay attention to what the actual problem is. I really think the MO of the PMO has become to address something that has not been a problem, that is not a problem and is unlikely to become a problem, in order to distract Canadians from the myriad problems the government has created. Rather than address the illegal guns that the government has allowed to flood across the border, as used by the violent criminals it has kept out of jail, it goes after law-abiding firearm owners. Rather than go after its wealthy friends, it labels small business owners as tax cheats and goes after them. Now, rather than deal with the pressing and proven problem of Beijing, it raises the unsubstantiated spectre of an influx of sanctioned Russians.
I am not denying that Russia presents a threat to our Arctic sovereignty or to our digital infrastructure, or that the invasion of Ukraine is not a problem. It is a big problem, and Canada has gone above and beyond in our efforts to help Ukraine. However, this is Canada's Parliament, and those who poses an immediate domestic threat and should not be coming here are not the Russians; they are those from Beijing. This is really my main point here today. If we are going to pass this legislation, let us make sure we do so for the right reasons and use it against the right people. Let us use it to finally deal with Beijing, to finally deal comprehensively with the IRGC and those who are already here and pose a direct threat to Canadians and to our democracy.
With that said, as I noted at the top of my speech, despite these reservations, I will be voting in favour of this legislation. First, it would address a gap in the existing legislation that would allow IRCC to deny an individual based on international sanctions. Second, it would grant new powers to the Minister of Public Safety that would allow the minister to make a determination and issue a removal order. While any additional ministerial power, especially with the current government and its track record of shunning accountability at every turn, is a cause for concern, the opposition hopes that by removing the disingenuous excuse of so-called departmental dependence, the minister would now act in accordance with the will of the House to remove bad actors. Third, Conservatives have always been strong supporters of sanctions and the Magnitsky law, and have been critical of cases where individuals with ties to certain organizations but who are not necessarily on the terrorism list, like members of the IRGC, have been allowed to enter and remain in Canada. The legislation would remove the government's chief excuse for failing to deal judiciously with such individuals, so there is a chance it would become useful down the road, especially once a new Conservative government cleans up the legislation.
Despite the obvious flaws, there is sufficient merit to this legislation, and I will be supporting it.
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- Jun/13/23 4:50:58 p.m.
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Madam Speaker, the Liberal government is very good at announcing sanctions. The Liberals say they are going to punish Russian oligarchs, they are going to seize their assets, their bank accounts and freeze everything. It is taking forever, and practically nothing has been done. At one point, the Liberal government even said that it was relying on the banks to deal directly with their Russian clients to see what assets could be frozen.
What does my colleague think of the government's lack of leadership in implementing these sanctions against Russian oligarchs in any meaningful way?
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- Jun/13/23 4:51:36 p.m.
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Madam Speaker, that is an excellent question.
There have been lots of talk and lots of lip service around sanctioning individuals, but there has been little action. The member for Edmonton Strathcona previously mentioned that the number of assets that have actually been seized as a result of these sanctions is fairly minimal.
We did read in the paper earlier this week that a cargo plane has been seized at the Toronto Pearson international airport. The Antonov 124, which I have noticed there in my travels over the last year, has now been seized by the Canadian government, so it looks as though maybe the government is actually doing something about its sanctions.
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Madam Speaker, my private member's bill, Bill C-281, provides parliamentary oversight in order for the Magnitsky act to be triggered.
Does the member believe, as I do, that sanctions are not being triggered often enough by the current government, and that there are many human rights violators who are getting off scot-free in this world?
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Madam Speaker, as always, it is an honour to enter into debate in this place to touch on some of the very serious issues that are affecting, in this case, not just my constituents and not just Canadians from coast to coast to coast; the bill truly speaks to Canada's role in the world.
Bill S-8, an act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the immigration and refugee protection regulations, speaks to a gap that has been highlighted, and I would like to explore a bit as to why this bill is being brought forward now.
The bill speaks to a gap that exists. There are examples in Canada of those who have been complicit in, profited from or may have even been involved in some of the most heinous crimes globally, whether during a revolution or during regime changes. These people have not specifically been sanctioned in many cases, but were a part of a regime that participated in massive human rights violations. Specifically, I will get to some of those examples as they apply to Iran.
We see that there is a gap. When somebody comes to this country and applies for permanent resident status or maybe even citizenship, their application will be judged based on the merits of that application, when it is quite possible that this individual may have been complicit, as I mentioned, in very serious and heinous crimes.
What the legislation purports to do, and I will get into some of the challenges, is take a baby step in the right direction, although there seems to be as much ambiguity being added to the process as there is an attempt to address some of the challenges that exist. The bill would help to ensure that this cannot happen.
I think it bears mentioning that the changes in this bill are long overdue. Given some of the loopholes that have allowed these perpetrators of human rights violations to come to Canada and the fact that these gaps may exist, the changes are long overdue.
Why did it take eight years for that to take place? As we know, a global security challenge has shaken the very foundations of what we all came to take for granted. Specifically, as I am sure members know, that is the conflict, the Russian aggression, against the state of Ukraine. All of a sudden, there it was, although certainly there have been many conflicts, including many that have risen to the point where sanctions have had to be applied.
We see how this conflict brought in a whole barrage of sanctions against Russians and those who are sympathetic to, or involved in, the activities of a country that is devastating a state and impacting the people of Ukraine. The fact is that there would be this loophole that actors who may be complicit in abuses can profit from. The current law does not specifically mention that, and that is a key point here. That it is not specifically mentioned would grant someone the possibility of coming to Canada to be given safe haven.
As we heard in the expert testimony before the Senate committee and as we heard from stakeholders on this subject, there is some ambiguity about what exactly the bill would allow the government to do versus what the bill is being said to do. I would just highlight that it was long overdue to see these loopholes fixed, but in typical fashion, the government is proposing a bill, in this case going through the Senate, that is admirable in its intentions. The government gets an “A” for the announcement, but when it comes to the delivery and the implications of what is being proposed, there remain many outstanding questions.
I think that is a troubling trend that we have seen across a host of issues. The government, over the last eight years, has been really good at the politics of legislation; however, it fails in the actual hard work of governing, and that is truly what is key when it comes to so many things in our country. It takes hard work. It is not just about announcements. It is easy to stand in front of a podium and make an announcement; it is a whole lot harder to actually get down and get to work.
As a farmer, I know that if someone simply thought about and talked about the planting season, that person certainly will not be successful. Work is required to put the seed in the ground and to make sure that it can come to the point of harvest in the fall and everything associated with that.
It is the same thing with vineyards. There is a burgeoning wine sector in the Peterborough area. It is very exciting, and my colleague and I have had some chats about it with, I think, the chair of the wine caucus as well. I mention that as well.
I will take this opportunity, since my colleague is here talking about one of his passions, to say that it was a pleasure for me to see Bill C-281 pass just this past week, I believe with unanimous support, and how important it is that parliamentary oversight was given to the Magnitsky sanctions regime here in Canada, that Parliament could trigger that, and that there would have to be a mechanism for reporting to this place to ensure accountability to our democratic infrastructure.
The reason I believe this is important, and let me highlight a few examples of why this is important, is that we have seen an increasing disconnect between the executive government in our nation and Parliament. That is incredibly concerning for a whole host of reasons, but it very directly applies to what we are talking about here today.
Bill C-281, in one of its four parts, specifically addresses making sure that accountability comes back to the people's House here in the House of Commons and that there is that reporting mechanism.
Further, we see a disconnect, and I will not get into the myriad examples outside of this issue, in the Americanization of the separation between the executive and legislative branches of Parliament. That is very concerning. That is not how our system is meant to operate.
Our Prime Minister sits in the House of Commons and our cabinet ministers are members of the House of Commons, and it is absolutely key that there be that close connection between the executive government and the legislative branch of our government. When there is a separation, we see that many of the issues that Canadians are facing, and the scandals and the erosion of trust in our institutions and whatnot, can be pointed back to the fact that we have a government that refuses to acknowledge the will that is expressed by the people in the House of Commons. That can not be highlighted any more clearly than when it comes to the issue of the IRGC.
What is unique about Westminster democracy is that it is Parliament that is the chief arbiter of the nation. This principle of Parliamentary supremacy is absolutely key to how we do business in this country, and yet we have, increasingly, the Liberals taking things for granted. They may have confidence on financial measures and whatnot, but when it comes to actually addressing issues, of course, we see that Liberals reject the will of Parliament and by nature the will of the people when it comes to calling a public inquiry into foreign election interference.
We also saw that happen, very troublingly, when it came to the issue of the IRGC. It was this House that voted in favour of listing the IRGC as a terrorist entity. This House voted in favour of that listing multiple times. It is dumbfounding, quite frankly, that the government would refuse to take that action when the people of this country, by nature of this institution of the House of Commons, the keystone of democratic involvement in our country, have said that this should be the case.
The Liberals have tried to explain that away, but it is that disconnect that exists. It may be inconvenient to the political whims of the government on a whole host of issues but we need to get back to the roots of why this place exists.
I have highlighted some of the challenges, but let me finish by highlighting one challenge that I think merits significant attention, and that is the increasingly unstable circumstance of the situation in Asia, with China and some of the gestures that are being made toward Taiwan, and the issues with Russia's invasion of Ukraine. There are a whole host of other issues.
It behooves all of us to make sure that we get this right to ensure that Canada cannot be a place where international war criminals or those who have profited from war crimes and the worst possible actions can come for safe haven.
I support this bill. It takes a small step in the right direction, although there is certainly much more work that needs to be done.
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