44th Parl. 1st Sess.
December 1, 2023 10:00AM
- Dec/1/23 1:30:36 p.m.
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moved that Bill C-353, An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act, be read the second time and referred to a committee.
She said: Madam Speaker, it is a first for me, as I stand here to speak to my own private member's bill, the foreign hostage takers accountability act.
I will start with the fact that we are very blessed to live in a nation that, at its core, values human rights, justice, equality and the rule of law. These are the principles that define who we are as a people, the story we have written thus far and the kind of country we want to protect and, frankly, build up.
These are also principles that are shared by many, but they are certainly not universal or even widespread around the world. There are still many places today where basic human rights are not recognized, where they are under attack and where simply being a Canadian can put one in grave danger.
When I proposed this legislation, the events of October 7th were not even within the realm of imagination. The brutal attack and subsequent hostage-taking by Hamas terrorists of innocent civilians on a holiday Saturday have cast an undeniable light on the power of hostage-taking, even thousands of miles away.
The events we bear witness to almost daily in the news impact the stability of our own country and, of course, of fellow democracies around the world. We watched the slow return of innocent civilians who had been viciously torn away from their homes and their families, at least those whose fate was not outright murder, .
Virtually every democratic administration on the U.S. side of the border, from Carter to Reagan, and here at home, from Harper to our current government, has had to cope with wounds inflicted upon them by state and non-state hostage-taking. This has tilted the histories of both of our nations.
The events of October 7th set a new precedent that is being watched very carefully by the most malevolent forces on earth, which happen to despise Canada no less than they do any other democracy of freedom-loving people. There has never been a comparable incident, in numbers or in its systemic nature, which has involved Canadians. In these events, hostages as young as 10 months old and as old as 85 were taken in an unusually ruthless way.
These hostages have subsequently become the focus of international hatred and violence in the streets of virtually every western city everywhere in the world. While the October 7th attack is not the focus today, it cannot be ignored.
The last two months opened a new chapter in hostage-taking that has proven to be a serious security threat in the world. It has the power to not only change the victims, who must live forever with the consequences and the trauma, but also the internal dynamics of sovereign countries.
Every malevolent force on earth has taken note of just how much power this hostage-taking has provided for its perpetrators. How we respond is truly going to matter as to how others will act. Our legislation must be adjusted accordingly.
In a world that is increasingly authoritarian, unsafe and, frankly, unstable, the threat of hostage-taking presents a real and pressing danger. Faced with these challenges, the importance of having comprehensive, up-to-date modern legislation to prevent and mitigate hostage-taking situations must be a priority. It must be something that we think about.
The truth is that most legislation dealing with terrorism generally only comes to be in the aftermath of the most egregious terrorist events. Virtually every major terrorism-related UN resolution or domestic law was only in response to the specific events that compelled injured international communities to change the rules regarding terrorism. Every leap in international and domestic law was forced on western democracies by the imaginative murderers of al Qaeda, ISIS or anyone of their ilk.
Canada has always risen, and should always rise, to defend civil liberties and freedoms wherever and whenever they have been challenged. On the beaches of Normandy, in the jungles of Rwanda and in the deserts of Afghanistan, we must ensure we can continue to rise to that occasion and must ensure we can protect innocent lives and assert our values as a nation.
That is why I have introduced this bill. If passed, this act would strengthen Canada's ability to deter, to minimize and to resolve instances where Canadians are taken hostage abroad. It would increase government power to levy sanctions, establish more support for families and provide incentives for global co-operation. It would be a vital tool in Canada's arsenal, helping us continue to protect the lives and rights of Canadians taken hostage or arbitrarily detained. It would provide valuable support here at home and to the loved ones of hostages, who endure long periods of sacrifice and extreme stress. We have seen that in recent cases.
The bill is not the silver bullet by any means to prevent and solve such incidents, but it is a necessary bullet in our arsenal as a democracy in order to deal with the bad actors more effectively and to limit the damage they can inflict on our country. Reviewing a list of the Canadian hostages taken abroad in recent years reaffirms this phenomenon. There is Nigeria, Mali, Pakistan, Haiti, the Philippines and of course China, the case in recent memory that affected two Canadians who sat in this gallery, the two Michaels.
The Standing Committee on Foreign Affairs and International Development studied complex consular cases in 2018, recommending unanimously that Canada should provide greater support to the families of hostages and establish a more transparent information-sharing structure. Many of those recommendations informed and influenced this bill.
I have worked in this space as a staffer in the prior government in the office of the minister of foreign affairs, and what I saw was a gap between what Canada could say and do. I decided to use my time as a parliamentarian here in this House to address that gap so that Canadians feel safe wherever and in whatever situation they might find themselves.
Many of my colleagues have reached out to me in recent days with questions, which I take as a positive sign, but if they have questions, it means others might have questions too.
First, I should make clear that this bill would not change Canada’s current and long-standing policy of not paying ransom. We do not and should not ever provide financial rewards to those who seek to kidnap, imprison or otherwise harm our citizens. The proposed incentives in this bill are not a repudiation of that principle. Rather, as an extension from the foreign affairs report, these incentives would promote greater collaboration among the government, innocent third parties, NGOs and others so we can do everything possible to bring our loved ones home, to bring our Canadian citizens home.
Second, hostage-taking and arbitrary detention are not the same thing. Hostage-taking is a form of arbitrary detention. However, it goes further because it includes threats of physical violence or even murder if certain conditions are not met. In other words, the element of extortion is present in hostage-taking, and extortion is a grave threat to our entire country, the decisions we make, how we do business and our governance. Arbitrary detention in state-to-state relations occurs when a an individual is arbitrarily arrested or detained “to compel action from, or exercise leverage over, a foreign government”. I hope that provides some clarity so we can move forward into making this a new reality in Canada.
I would also like to thank a few key people and groups that have played a critical role in advancing this idea all the way to the floor of the House of Commons. First, I want to thank Sarah Teich, Danny Eisen, Sheryl Saperia and Stacey Granovsky for their long-standing work on the issue and on the legislation, and on behalf of Canadians at Secure Canada. I want to also thank strong advocates such as my friend Irwin Cotler, one of Canada’s greatest advocates for human rights, and to acknowledge support from groups like the Iranian Justice Collective, Muslims Facing Tomorrow, Muslims Against Antisemitism, The Greater Toronto Kurdish House, Hong Kong Watch and the Uyghur Rights Advocacy Project, just to name a few, and from synagogues and churches. I also, of course, want to thank my own staff, who have worked on multiple iterations of something that had long been in my brain and in the brains of some of my colleagues to make that a reality and bring it through the process. We must never underestimate how much work goes into that process.
These organizations, advocacy partners and our own staff understand that this concept needs to be ensconced in law because that is the way democracies establish our values and what actually matters. Statements, including statements we have heard over the last number of years, simply do not cut it any more. That is what we have become very good at in this country in far too many instances.
I will be slightly crass for a moment and say that we do not just declare our objections to things like child abuse or intimate partner violence; we legislate them. We establish them as truths of our value system through law. Law is the last arena we have in which we can level the playing field against forces, including the hordes gathering around the world that are currently applauding the dismemberment of babies and the rape and mutilation of women and children. They will inevitably be back to applaud such other atrocities against those they consider deserving. There is simply no way, given the millions of trips that Canadians take a year and the tens of thousands of Canadians living outside the country in dangerous places, that the Government of Canada, regardless of its politics, regardless of who sits in what seat, will be left unscathed by this.
The bill is about protecting Canada as much as it is about protecting Canadians. It is about protecting the sovereignty of the Canadian government and the lives of Canadian citizens. Voting against it would delight the hostage-takers around the world, and I ask the House to please do not give them that satisfaction, particularly after what we have seen in the last two months around the world. Every Canadian deserves to be safe and secure. They deserve a government that can help them when things go wrong. I think that anything we can do to make that a reality is worth doing. Anything we can do to make sure we bring Canadians home safely needs to be done. I hope that all my colleagues from across all parties will support the legislation.
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- Dec/1/23 1:50:02 p.m.
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Madam Speaker, promoting and protecting human rights, a rules-based international order, the rule of law and judicial independence are principles that are integral part of Canada's foreign policy and that will continue to guide the Government of Canada's efforts with respect to arbitrary detention in state-to-state relations.
This practice of arbitrary detention in state-to-state relations undermines our democratic values and our security. It also threatens the foundation of our international system, which is based on trust and friendly relations between states. The taking of hostages by terrorist groups often affects innocent civilians and poses a serious threat to national security. We need to be aware of the immeasurable impacts that these practices have not only on victims, but also on their families, their friends and their supporters around the world.
That is why Canada has implemented a strong system for dealing with hostage takings, which includes the recent appointment of a senior official responsible for hostage affairs. That is also why Canada launched the initiative against arbitrary detention in state-to-state relations about three years ago, and that is why Canada is leading the fight against arbitrary detention.
When states target foreign nationals for diplomatic pressure or retaliation, they endanger the security and freedom of all people who travel, work, study or live abroad. People should never be used as bargaining chips. For the victims, their families and friends, the human cost is profound. We know that it is extremely difficult for victims and their loved ones to recover.
Not only do these practices blatantly violate the rights of those affected, they also jeopardize friendly relations between states, international co-operation, security, travel and trade. What is more, they undermine the rule of law. Arbitrary detentions and convictions for diplomatic purposes compromise the independence of the judicial process while undermining international norms and values.
In light of these grave concerns, in February 2021 we launched the Declaration Against Arbitrary Detention in State-to-State Relations, an international effort to discourage, and ultimately end, this practice among states that arbitrarily arrest, imprison and convict people in order to exert diplomatic pressure. The declaration establishes a common front and lays the groundwork so we can put an end to this abhorrent practice through international co-operation. It aims to protect innocent people from becoming pawns in bilateral disputes.
In that sense, the declaration is about human rights and a rules-based international order. It helps not only protect citizens, but also revitalize the basic principles of co-operation, loyalty and mutual respect between states. It is also a question of international security. Arbitrary detention as a tool of political pressure engenders fear and mistrust between peoples and states. It undermines opportunities for dialogue and hinders bilateral co-operation at a time when the world needs it most.
Since 2021, Canada has consistently mobilized the international community against this unacceptable form of diplomatic leverage. The coalition of states supporting the declaration has grown from 58 to 75 signatories and comprises countries from all over the world. In recent months, the declaration has received the support of Barbados, Dominica and Grenada. The declaration also has the support of the UN Working Group on Arbitrary Detention, the Organization for Security and Co-operation in Europe, and the G7. This growing number of endorsements and expressions of support is a testament to the international consensus that is building to call for an immediate end to this insidious and unacceptable practice.
Canada is playing a leadership role in rallying support around the world for the declaration and moving this critical file forward for all nations.
These efforts are a testament to Canada's commitment to finding peaceful and effective multilateral solutions to pressing global issues.
As part of the initiative against arbitrary detention, Canada put forward a partnership action plan, which was welcomed by G7 ministers in May 2021. The partnership action plan advances the declaration by establishing six areas for international co-operation to stop arbitrary detentions. They include advocacy and awareness raising, research, case tracking, information sharing, and civil society and multilateral organization engagement.
Canada continues to take every opportunity to hold international discussions on the use of arbitrary detention as a political tool. In addition to holding bilateral talks, Canada is leading a multilateral awareness raising campaign by bringing the issue up at the United Nations General Assembly and the UN legal committee, which considers legal matters of interest to UN member states.
Canada has also sent messages concerning arbitrary detention to the European Parliament and continues to be asked to lead discussions on the subject at major international events. In addition, Canada facilitates crucial discussions on this issue in order to create a space for countries that support the declaration to share their viewpoints and advance the objectives of the partnership action plan.
On the sidelines of the 78th session of the United Nations General Assembly in New York, Canada's Minister of Foreign Affairs, U.S. Secretary of State Antony Blinken, and the foreign affairs ministers of Malawi and Costa Rica, co-hosted a high-level dialogue on arbitrary detention in state-to-state relations with the participation of 20 foreign affairs ministers and 100 guests. I was there and it was a packed house. An important conversation took place in the fight against arbitrary detention.
This dialogue revealed the growing coalition of countries that support this initiative. It also deepened international partnerships for a more coordinated response to future cases of arbitrary detention. It provided an opportunity to reiterate the importance of establishing international standards to fill gaps in international law, while anchoring the issue in the multilateral agenda.
We will continue to fight tirelessly against arbitrary detention, while recognizing the need to fill the gaps in the multilateral system on this issue. To that end, we announced the creation of a new, independent, international expert panel that will strive to entrench the principles of the declaration into existing international laws, organizations, and mechanisms. This panel will be composed of eminent jurists from around the world, who will formulate an authoritative opinion on the state of this issue in the international system and who will seek to identify effective legal tools and mechanisms to fill the gaps.
Although the purpose of arbitrary detention is to influence state-to-state relations, we are well aware of the human repercussions of this heinous practice. Many people in the world and their families are living a nightmare, wondering when they will see their loved ones again. Canada continues to stand in solidarity with the victims, survivors and families who have endured this terrible practice that blatantly violates the fundamental rights of everyone affected.
In addition to providing personalized consular services to Canadian victims and their families from the beginning to the end of a case, we will also continue to involve our partners, as well as individuals who have been detained before and their families, in our efforts, so that we can share best practices and lessons learned. The approach that we are taking must always be well-thought-out and informed by extensive knowledge of and experience with this complex and difficult issue.
As the debate continues, I look forward to working with the member for Thornhill and all members of the House to strengthen our efforts and our determination to fight against arbitrary detention and hostage takings in state-to-state relations, and I commend the member for Thornhill for introducing this bill.
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- Dec/1/23 2:14:21 p.m.
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Madam Speaker, I want to congratulate the member for the introduction of Bill C-353, the foreign hostage takers accountability act.
Canada's promotion of human rights and a rules-based international order are pillars of our foreign policy. The practice of arbitrary detention in state-to-state relations undermines our democratic values and our security and threatens the foundation of our international system, which is based on trust and amicable relations between states. Incidents of hostage-taking by terrorist groups often ensnare innocent civilians and pose significant threat to national security. We also recognize the immeasurable impacts that these practices have, not only on victims but also on their families, their friends and their supporters around the world.
This is why Canada has responded. Almost three years ago, we launched the initiative against arbitrary detention in state-to-state relations, and we have been playing a leadership role in the fight against arbitrary detention. In addition, to deal with instances of hostage-taking by terrorist groups, we have put in place a robust system and most recently named a senior official for hostage affairs. Our government continues to explore all options to deter, prevent and respond to these egregious acts and to defend the rights of Canadians.
I welcome this opportunity to discuss the proposals in the private member's bill introduced by the member for Thornhill. I believe that all members in this House agree that Canada must continue to uphold its firm commitment to protect Canadians, to defend human rights and international peace and security, and to respond to cases of wrongful detention and hostage-taking in an effective and meaningful way.
To respond effectively to the egregious practices of arbitrary detention and hostage-taking, we must have the appropriate tools and services in place. These issues are incredibly complex, and any response must be very carefully considered. Bill C-353 focuses on the tools at the government's disposal to combat arbitrary detention for diplomatic leverage as well as hostage-taking of Canadians, permanent residents or eligible protected persons outside Canada. We agree on the importance of enhancing the tools available to the government and of refining our approach. However, these issues are incredibly complex and any response must be carefully considered in order to minimize any potential harm to victims. Our overriding concern must always be the well-being of the detainees. Therefore, my remarks today will focus primarily on this consideration.
This bill addresses two extremely serious but distinct issues: arbitrary detention in state-to-state relations and international hostage-taking. The motivations, tactics and risks of harm to the victims can vary greatly. For example, while a state may be more receptive to diplomatic pressure to release a hostage, non-state actors may be less responsive to this type of pressure. Also, the risks of serious harm to the victim may vary across such cases. Every situation is unique and each case therefore requires a sophisticated and tailored response.
Further, there are distinctions to be made among types of hostage-taking incidents. There are those involving terrorist entities versus those perpetuated by criminal groups. In general, the government considers hostage-taking by terrorist groups as a threat to national security and therefore our response differs compared to how we deal with kidnappings by criminal gangs, for instance. This bill, however, proposes the same set of tools for all of these scenarios and would mandate some actions on the part of government in response to these cases, which raises a range of concerns.
We know that an effective response must be designed to respond to each unique situation to ensure the safe release of the victim. Moreover, the imposition of sanctions must be very carefully considered. The pros and cons must be weighed in each case. Imposing sanctions during a hostage situation could, for example, increase the risk that the hostage is mistreated in retaliation by his or her captors.
The use of monetary and migratory incentives, as the bill proposes, may give rise to serious unintended consequences. It could increase the amount of false information provided by opportunistic individuals, including those associated with captor groups. This could complicate investigative work and leave families more vulnerable to scams by predatory individuals seeking a payday. In fact, there is potential that this could create a market for hostage-takings in Canada.
I think we can all agree that no member of the House wants to see taxpayer dollars ending up in the hands of terrorist organizations. No member wants to increase risk for Canadians travelling, working or studying abroad. Further, the reporting and information-sharing provisions in the bill also require careful consideration in order to avoid any potential repercussions to efforts used to secure release of detainees. In pursuing the safe release of a Canadian, we must always be very careful about how information is shared. It is imperative that we not share information that could jeopardize negotiations for the safe release of a detainee. It is also important that we have the discretion to share information with families of victims as and when appropriate. There are cases where victims do not want to have their information shared with family members, for instance. Family dynamics can be complex. We must respect their wishes.
Responding to these egregious practices and protecting Canadians are priorities for the government. As a result, many programs, policies and authorities have already been put in place and are being used to support Canadians facing arbitrary detention and hostage-taking. I am pleased to confirm that we already have, in our tool kit, many of the elements that are proposed in Bill C-353.
First, Canada already has two autonomous sanctions regimes, which have been used to respond to a variety of circumstances in the international context, including gross and systemic violations of human rights. Further, existing legislation, such as the terrorist financing provisions in the Criminal Code, and regulations regarding sanctions related to terrorist entities, already impose asset freezes and dealings prohibitions on terrorist groups.
Second, the government has an established set of mechanisms to assist victims and their families. For example, there are robust policies and practices in place to adopt a trauma-informed approach to aiding former hostages and their families.
Global Affairs Canada has implemented standard operating procedures, and works closely with other governmental organizations and external partners in efforts to resolve these cases. There are also existing programs and funding mechanisms that facilitate access to financial support, medical assistance and counselling for Canadians. We continue to refine and enhance our approach to ensure effective and tailored support to victims and their families.
No one doubts that the government must have effective tools and programs to respond to the egregious acts of hostage-taking and arbitrary detention in state-to-state relations. Bill C-353 is an example of the House's recognition of this fact. Nonetheless, we require solutions that are carefully considered and that are informed by deep knowledge and experience of the challenging, complex issues. It is clear that a one-size-fits-all solution may have unintended consequences, and that having the discretion to respond to a particular case, depending on the circumstances at hand, is key to an effective, victim-centred approach.
As debate continues, I look forward to working with the member for Thornhill and with all members of the House, to enhance the tools at Canada's disposal and to reinforce our commitment to address arbitrary detention in state-to-state relations and hostage-taking.
I will just comment briefly on my intervention earlier today, when I asked the member for Thornhill about royal recommendation. Royal recommendation is something that is very rarely afforded to a private member's bill. I know this for a fact, because I brought a bill before the House early in my time as a parliamentarian that did require royal recommendation, and my very own government did not give royal recommendation to the bill. The bill did, nonetheless, still pass, as far as it could go without the royal recommendation, with the support of all members of the House. However, we cannot underestimate the importance of triggering such an action by the government. What is of critical importance is recognizing that when royal recommendation is required, it is very easy to allow it to go through in one particular case, but setting a precedent is where it becomes very dangerous.
I understand any government's reluctance, whether it is Liberal, Conservative or NDP, to use a royal recommendation based on that rationale. Nonetheless, I look forward to continuing discussion on this important bill.
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