Export Development Act

An Act to amend the Export Development Act and to make consequential amendments to other Acts

This bill was last introduced in the 37th Parliament, 1st Session, which ended in September 2002.

Sponsor

Pierre Pettigrew  Liberal

Status

This bill has received Royal Assent and is now law.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Export Development ActGovernment Orders

October 1st, 2001 / 4:15 p.m.
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Parkdale—High Park Ontario

Liberal

Sarmite Bulte LiberalParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I will be splitting my time today. I am pleased to rise to speak in support of the legislation, as will be no surprise to my colleagues on the other side.

I could not help but listen to my hon. colleagues in the PC/DR who talked about missed opportunities. It is great to be speaking to the issue today. I did not miss an opportunity to do so in the last session. In the last session I was chair of the subcommittee on international trade, trade disputes and investments. I was also an associate member of the Standing Committee on Foreign Affairs and International Trade which examined the Gowling report.

While I was not mandated to appear at those committees I thought it was important to do so. It is important for small businesses in my riding that I understand and appreciate what EDC does and the kind of value it adds.

I had an opportunity to lead two trade missions to the Baltic states during the last session of parliament. At that time if there was one criticism by small businesses it was that they wanted more involvement by the Export Development Corporation.

I support the bill because it means Canada's Export Development Corporation would continue to be able to meet the financing needs of our exporters but in a way that reflects Canadian values for corporate social responsibility.

Over the years Export Development Corporation or EDC has become a valued part of our country's success as an exporting nation. Last year EDC facilitated $45 billion in international business by Canadian companies. The corporation served the needs of 5,700 clients, well over 80% of whom were small and medium size enterprises. As a founding member of the Women Entrepreneurs of Canada I know the value of small and medium size businesses as well as businesses run and owned by women.

In total last year EDC carried out some 70,000 short term insurance transactions. These services are vital to our nation's export success. We must ensure EDC can continue to provide them. At the same time EDC's operating policies and actions must reflect the values Canadians believe in, and they must do so both at home and abroad.

EDC does business in more than 200 markets around the world. One hundred and thirty of these are in developing countries. We need to make sure Canadian values regarding issues like sustainable development and human rights are part of the decision making process for EDC supported projects in other countries. We also need to make sure the decision making process is transparent and accountable so that Canadians know this is the case.

These are the reasons Bill C-31 is important for us as legislators. Along with other policy guidance from the government, the amendments to the Export Development Act contained in the bill would help us reach two overarching policy objectives: first, that the act support Canada's exporters and the jobs and wealth they create; and, second, that it recognize that Canadian values of corporate social responsibility must be included in EDC's decision making process.

There is no shortage of examples to show that EDC is vital to our country's export success. As noted, last year the corporation provided financial support of one kind or another to 5,700 Canadian companies. Again, most of these were small or medium size enterprises.

These are the kinds of companies members on every side of the House have in their ridings. They are companies like Cameron Seafoods Ltd. of Nova Scotia, a family run business which is developing new markets abroad for its specialty seafood products. EDC has provided it with financial support such as credit guarantees that have facilitated new sales to buyers in other countries. When EDC came on board in 1998 the company's sales increased from $3 million to $5 million in one year. That is quite an increase.

Another example is Amec Earth and Environmental Ltd. of Calgary, a firm that provides geotechnical and environmental engineering services. EDC has worked with the company for several years and provided it with financial support to reduce the risk of doing business internationally. Amec now employs 1,600 people and is doing business in 30 countries.

Another good example is Klik Automation of Montreal. This small, high technology firm is part of the new imaging software community that has grown up in the Montreal region. When Klik was looking to develop a new export market last year, the company turned to EDC for insurance to guarantee payment by a new overseas customer. That deal resulted in 19 new jobs in Montreal.

There are stories like this all across Canada. Each one means increased exports for Canada and good jobs for Canadians. The government is working hard to make sure that we see more of these success stories. Bill C-31 is a key element of this work. It is not a long bill. In fact it can be read quite quickly, and I would encourage members who have not read it to do so. It is a bill that should be read and understood within the broader context of change for EDC, both domestically and internationally.

Bill C-31 is really the concluding step in a process review that started over three years ago when the government commissioned a consultant to carry out a legislative review and write a report. That was the so-called Gowlings report.

The process continued with the parliamentary committee hearings and reports to government by the House Standing Committee on Foreign Affairs and International Trade and the Senate committee on banking.

In addition, the auditor general has been involved and has made useful recommendations, especially on EDC's environmental review framework. In June of this year, the Minister for International Trade provided guidance on updating EDC's mandate in a number of key areas, including environmental review, human rights and broadening the base of participation of the private sector in financing Canadian exports.

Throughout the review, interested stakeholders have also been involved in the process, another opportunity, I would say, to participate. Although the review of the Export Development Act has not been a matter of broad public concern, a number of organizations and committed stakeholder groups, representing both business and public interest groups with specific interest in EDC, have been actively involved in the process.

Both the Minister for International Trade and EDC have found this involvement helpful. I would remind my colleagues on the other side that this is simply part of what the Liberal government is all about. In fact the Speech from the Throne talks about the importance of consultation. This is evidence of not just speaking about it but actually doing something about it.

EDC is perhaps best known for its success as an export financing institution but the corporation has also shown that it is socially responsible. Note, for example, that it was the EDC that initiated the environmental review framework and it is putting in place a new disclosure policy to improve accountability. These are significant developments.

We all want greater attention to be given to environmental and human rights issues and we all want a disclosure policy that will reassure Canadians that EDC's decision making process is transparent and accountable.

It is equally important that we have policies and operating directives that are realistic as well as workable. That is why public consultations are so important and the input of those stakeholder groups in Canadian society who are most affected by EDC is also so helpful to the government.

EDC has recently gone through a public consultation process on its disclosure policy. Just this past September, the corporation was going through a similar consultation with stakeholders to follow up on advice from the auditor general and the Minister for International Trade on strengthening and improving its environmental review framework.

Representatives from both the business community and public interest groups have been a welcome part of these consultations. They are an important part of the process to develop the specific policies and operating procedures that will meet the government's policy objectives and that are realistic and workable in practice.

In the OECD, for example, we have led the discussion in this area. Our negotiators sense a growing consensus for action by the OECD to require the export credit agencies of member countries to conduct environmental reviews of projects proposed for financial support. Canada can be a model for this new approach. It is a balanced approach that best meets Canada's needs in changing the international environment.

The legislation is the right approach for Canada. It brings the force of law to EDC's environmental review framework and it will position us well to deal with emerging trends in the international community. It is a bill that all members should support.

Export Development ActGovernment Orders

October 1st, 2001 / 4:10 p.m.
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Canadian Alliance

Gary Lunn Canadian Alliance Saanich—Gulf Islands, BC

Mr. Speaker, one of the most important premises of a missed opportunity is that we lose the opportunity. It is gone. We have seen this during the tragic events which have touched all of us in the last few weeks. We must be leaders. We must be up front and ready to make changes as we need to. That is where the missed opportunities are in Bill C-31. Its critics, even those within the crown corporation, are calling for more accountability and transparency while its proponents say they need secrecy for business practices.

I remind these people that they are asking for large sums of taxpayer dollars. Taxpayers have a right to know. . We could change the legislation. We could find a balance which protects business interests but gives taxpayers the knowledge they need to ensure accountability. We could ensure that taxpayers get value for their dollars and that their dollars are spent wisely.

The government has once again missed a huge opportunity to effect positive changes to the legislation. That is why we in the Progressive Conservative/Democratic Representative caucus will be opposing it.

Export Development ActGovernment Orders

October 1st, 2001 / 3:55 p.m.
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Canadian Alliance

Gary Lunn Canadian Alliance Saanich—Gulf Islands, BC

Mr. Speaker, I am pleased to speak on Bill C-31, an act to amend the Export Development Act. The bill would change a few things. It would change the name of the corporation. It would enable the board to delegate its powers and duties to committees it may establish other than the executive committee. It would require some environmental reviews and an environmental process for projects. Also apparently the auditor general would have the ability to audit the design and implementation of the directive established by the board, at least once every five years.

I will examine these issues in more detail. First, in regard to the name I do not think there is anything too serious there. Basically the modification would mean that the corporation would have the same acronym in both English and French. The new name would be Export Development Canada, which I do not think is too earth shattering.

Let us move on to something more substantive, and that is the Canada Account. The Export Development Corporation assists corporations across the country to secure opportunities and orders abroad. Generally those who apply for loan assistance through Export Development Canada need to meet certain financial tests to ensure that they have the ability to repay it, if it is a loan, et cetera.

However, the Canada Account is a political account. Sometimes those applying do not quite meet the test or there are other reasons. I understand the necessity for it because I do believe there is a purpose for it, however, all decisions on the Canada Account are based purely on politics. They are cabinet decisions and are not made by industry or financial experts or at arm's length. None of this is dealt with in the bill. That is something that I think the government should look at. I understand that it is seldom used, primarily for risky ventures. To give an example, the Candu nuclear reactors were under the Canada Account.

However the account has been receiving unfavourable attention in recent years. Two years ago the Canada Account was judged to be illegal by the World Trade Organization. Nonetheless the government says the account has been amended to satisfy the WTO concerns. It has been referred to as a secret slush fund.

The Export Development Corporation makes deals to the tune of $4.5 billion worth of exports each year. It is a significant amount of money. I suggest that we could remove political decision making from the Canada Account and bring back a more accountable process. Of course that is not dealt with in the bill.

Let us move on to the next area. One of the suggested government amendments would enable the board of directors to delegate its powers and duties to committees that it may establish, other than the executive committee. Right now 13 of the 15 board members are appointed by the Minister for International Trade and the other two, the chairman and president, are appointed by the Prime Minister. This appointed board currently formulates EDC policies and practices and I find that somewhat questionable. It is an unelected board, with all 15 appointments made either by the Prime Minister or the Minister for International Trade, and it now wants to delegate its powers and duties to more appointments, to its committees. The EDC board already has incredible power and influence and it now wants to delegate that down even further, so there are some questions that need to be answered.

Patrick Lavelle, the chairman of the EDC, called for more independence for crown corporations and agencies such as the EDC, stating that the objective of naming directors should be to “get the best people, no matter where they come from”. Mr. Lavelle suggested that EDC move toward privatization, noting that there is a culture of secrecy in government bureaucracies. He stated that there is “an inherent believability in federal Crowns that information is power and increasing its release will just generate unwarranted criticism”.

That puts it in a nutshell. This is the chairman of the EDC who is calling for this. Furthermore he is recommending that Prime Minister create a cabinet post that would make one minister responsible for overseeing all crown corporations, with a parliamentary committee established to provide oversight. What it comes down to on these appointments and committees is that the government is proposing legislation to have the board of the EDC, with its 15 appointees, able to appoint other committees, as opposed to actually bringing back more power to parliament. Right now it is very politicized. I think we could do a much better job.

Again, the EDC is a $45 billion a year operation and one of the big issues is the whole issue that seems to surround the EDC: its secrecy, its transparency, its accountability. If there were ever a time that the Export Development Corporation needed to be there it is right now in the current situation where the economy is fragile at best. If there were ever a time when we needed sound, solid management there for Canadian companies and when we needed to make sure that the EDC is not based on politics and that it continues to help the Canadian economy grow, it is now.

That brings me to my next area and that is accountability. There has to be more accountability in this crown corporation, something that is evidently lacking at present. The government agrees that the EDC should “publicly demonstrate its accountability by reflecting the full range of public policy concerns and its activities and should introduce appropriate transparency measures concerning its activities”.

One suggestion that the government has come up with is to propose that the auditor general audit the design and implementation of the directive established by the board, at least once every five years. I believe that accountability has to happen a lot more often than once every five years. Such audits have to happen annually or at the very least every two years. Given the deplorable misuse of taxpayers' money by HRDC, which is still fresh in Canadians' minds, five years is a heck of a long time between audits and things can go askew. I think audits need to happen a lot more often to ensure that we do not have a repeat of that type of activity.

Furthermore, the Export Development Corporation is not covered by the Access to Information Act. That is a huge bone of contention. In the past the corporation has been accused of keeping billions of dollars in loans secret in foreign countries. In its defence, and I understand this, the EDC says it is restricted by business confidentiality but that it encourages its sponsors to release information about its projects. I understand that.

Businesses do want certain aspects of things kept confidential, but in turn these businesses are asking for public money, public assistance. I think that is where we can draw the line. If a company has business practices about which it needs to be that secretive, then maybe it should be looking at other avenues. I think when a business is using taxpayers' money it has to be completely transparent.

A recent study for the federal government found that crown corporations, including the EDC, should be subject to the Access to Information Act, since access laws encourage organizations to be “demonstrably worthy of public trust”.

The study notes that the reasons for crown corporations such as the EDC being excluded from the law are unclear and that an agency should be subject to the law if the government appoints more than half the governing body. The government appoints them all in this case. We are getting the message.

Another big part of the legislation would be to have full environmental assessments on projects to make sure they meet certain standards. The Minister for International Trade insists that:

This Bill will allow Canada to position itself at the forefront of environmental review policy for export credit agencies around the world.

If we are committed to ensuring the environment is protected while carrying out projects in Canada, should the same not hold true when entering into transactions abroad? EDC has had to defend its environmental assessment framework as recently as April 2000 when it was accused of assisting in some of the world's most environmentally damaging projects. In any event, the government's bringing forward of an assessment review is a positive aspect of the legislation.

The real issue for me is accountability and transparency. In May of this year a report of the auditor general gave a failing grade to 24 of 26 projects backed by the Export Development Corporation. To add insult to injury, Export Development Corporation decided it would not make public details of three of the projects judged to have been improperly assessed under the corporation's environmental review process.

A spokesman for the EDC explained that three clients that objected to releasing details of the projects have “good legitimate reasons”. We will never know the details of projects that received failing grades. We will not know even basic information such as the type of product, the cost or which country was involved.

I will be recommending to members of the Progressive Conservative/Democratic Representative caucus that on balance we oppose Bill C-31 because it does not address the issues of accountability and transparency, issues which should be paramount and at the forefront.

We do see a need for Export Development Canada and its projects, even more so at a time like this. However the fact that it is excluded from access to information and is delegating its powers to committees as opposed to bringing them into parliament are real concerns.

The government missed an opportunity to address these important issues. Major concerns about the crown corporation have been out there for years, but the government has chosen merely to change the name and do some tinkering. I give the government credit on environmental assessment, but the fact that it missed the boat on these issues means the bill is not something we can support at this time.

Export Development ActGovernment Orders

October 1st, 2001 / 3:35 p.m.
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NDP

Judy Wasylycia-Leis NDP Winnipeg North Centre, MB

Mr. Speaker, I am pleased to take part in this debate on Bill C-31. I would like to ask a few questions and to express, as the hon. member for the Bloc Quebecois has, opposition to this bill for certain reasons.

It is a good opportunity for us to talk about the broad issues of international trade and human rights in the context of the bill. I want to put on record the concerns of the New Democratic Party with respect to Bill C-31 and to explain why we are opposed to it. We also have some recommendations on how to improve the legislation.

As my colleague from the Bloc who just spoke indicated, Bill C-31 has missed the mark. We have an opportunity before us today to address some very significant issues with respect to the environment and human rights from an international perspective, and an opportunity to convey and carry forward our sentiments and values to the international scene. We have failed to do that in the bill.

The government failed to heed the recommendations of a number of organizations and members of parliament who have pressed hard for a strong piece of legislation in this regard. It is by all accounts a weak bill and a missed opportunity in terms of international trade.

Time and time again in the House and outside the House it has been said that we have an opportunity now before us with the bill to develop and pursue Canadian trade in a manner consistent with Canada's obligations to protect the environment and human rights. That seems to be the essence of the task at hand and the very purpose of the bill.

It is legislation that has been reviewed for three years. It was intended to address major concerns with respect to Canada's role in trade on the international scene. It was to ensure consistency with trade and our need to deal on an economic basis with other nations vis-à-vis our longstanding traditions and commitments with respect to human rights and the environment.

The bill is also partly in response to recommendations made by the auditor general in May 2001 and should be seen from the perspective of whether or not it meets the test of answering the criticisms of the auditor general made at that time.

We have heard from many speakers today about the weaknesses of the bill. I will reiterate some of those from the perspective of the New Democratic Party. Our criticisms are best summed up by a statement issued a week or so ago by a coalition of organizations that has been monitoring the legislation over a period of time and has developed considerable expertise in the area.

I am referring to the coalition of 17 non-governmental organizations that proposed some very significant suggestions around the Export Development Act and that today are expressing grave concerns about the failure of the bill to take into account those concerns and those suggestions.

On September 21 the coalition of NGOs reacted with very grave concern and disappointment that the concerns it had put forward regarding Bill C-31 were not taken into account. The coalition co-ordinator of the NGO working group, Émilie Revil, said:

We need to amend the Act to make sure the Export Development Corporation upholds Canada's commitments to protect the environment, human rights and the public right to basic information. The changes presented yesterday will have negligible impact on the daily operations of the Corporation. They leave a proven bad driver behind the wheel.

That says it all in terms of the expectations around the bill and why it falls short in terms of obligations and responsibilities. It was an opportune moment to address those very concerns. There were suggestions made about how that could have been done.

It is not too late to do just that. There are changes that could be made to the bill to address those concerns and show good faith with respect to the community that has been working so long and hard on good legislation. Canada must continue to play a leadership role when it comes to international trade and to our export development corporation. We must ensure that we are always mindful and respectful of our obligations to preserve and protect the environment and to enhance and uphold human rights.

The three areas that the NGO community recognized as shortcomings in the bill are the same as those enunciated by hon. members from the Bloc and ones that the New Democratic Party also feels strongly about.

The first concern is with respect to the environment and whether the bill actually has a meaningful mechanism in place to carry out proper environmental assessments of any projects undertaken by the Export Development Corporation. The answer by all accounts is no. The bill does the opposite of what one would expect to be a reasonable course of action in terms of ensuring an independent environmental assessment.

It proposes to keep it as an in house function of the Export Development Corporation as opposed to making it subject to a complete review under the Canadian Environmental Assessment Act. That is a fundamental point in the debate and there is no reasonable explanation of why the bill does not ensure that path is followed.

There is absolutely no question about the need for Canada and for the Export Development Corporation's environmental review framework to follow this long established tradition. This framework is not new or unique. It is a model that is used by other jurisdictions. I think specifically of the export credit institutions in the United States and Japan which follow the idea of an environmental review based on an independent environmental analysis.

The issue of how Canada pursues the path of environmental protection in terms of all activities by the EDC is critical and needs to be addressed by the government through the bill. That was one of the concerns raised by the auditor general in his report of May 2001. It behoves us to try to incorporate that constructive criticism into legislation before us today. The organizations that have spoken out about that point say this very succinctly and clearly.

The NGO coalition calls for the Export Development Corporation's environmental framework to be regulated under the Canadian Environmental Assessment Act. It calls for the mandate of the Export Development Corporation to be changed to ensure that Canada supports and develops Canadian trade in a manner consistent with our own standards and obligations pertaining to the protection of the environment.

My second point has to do with human rights. The coalition of non-government organizations has spoken loudly and clearly on this matter. Others in the House have done the same. We have done it in the Chamber as recently as this past Thursday when my leader, the member for Halifax, raised a question pertaining to a very serious situation known as the Bulyanhulu case, which has been referenced in this debate as well.

Serious allegations have been made in that case where employees of the Kahama Mining Corporation, a subsidiary of Suttion Resources which is now owned by Barrick Gold, in conjunction with the Tanzanian police, buried over 50 artisanal miners by bulldozing over the entrance to the shafts in which they worked.

There is some question around these allegations. As reported in the press there are also those who refute those allegations despite having reports from Amnesty International and other organizations that witnessed developments in this regard.

What is clear in this case is that these allegations must be investigated. There needs to be a full scale independent inquiry into Tanzania to determine what happened, why it happened and what our international obligations are as a result of these developments.

It begs the larger question of what we are doing through the legislation to ensure that human rights are respected and enhanced in all activities of international trade, specifically pursuant to the Export Development Corporation. It has been our expectation, as I assume is the case among other parliamentarians and many Canadians across the country, that the bill should first and foremost stand up in terms of our role and responsibility for the protection of human rights.

The bill does not take those concerns seriously and does not ensure that there are mechanisms entrenched in it to provide for that kind of leadership by the Canadian government to ensure that all avenues are pursued in terms of human rights violations.

The third point, which was also part of the auditor general's criticism of the Export Development Corporation, pertains to transparency and public disclosure. This has been a very important part of our deliberations in parliament of late as more and more Canadians show a concern about democratic traditions being upheld in parliament and in every legislature of the land.

It is important that we take these concerns very seriously and do whatever we can to ensure that the bill before us respects the commitment we make to the Canadian people to be prepared at all times to be fully transparent in our work and ready to disclose in a full and open way the policies, practices, and programs pertaining to the Government of Canada.

It is absolutely clear from various analyses that Bill C-31 fails to entrench the absolute maximum in terms of public disclosure. Despite calls for the Export Development Corporation to be more open in its decision-making process, Bill C-31 places no new requirements on EDC to disclose vital information to the public. In the mid-1980s the Export Development Corporation stopped releasing project related information. I acknowledge that while the corporation is currently drafting its own disclosure policy, potentially allowing for greater transparency, there are no changes proposed under Bill C-31.

Just as I have mentioned with respect to the flawed environmental review framework and just as I have mentioned with respect to the failure to address stringent mechanisms around human rights, there is no mechanism in the bill for dealing with the fundamental question of transparency and public disclosure.

There is also no reason for the government to go slow, to be hesitant in this regard. Public sentiment is with us. People want us to do everything we can on this front. They want us to ensure fair public access in terms of any kind of government program, crown corporation and legislation. It is just a basic fundamental task for us today to try to convince the government to ensure that the legislation respects that principle and to require the Export Development Corporation to disclose basic information. Surely that is not too much to expect.

Those are the three concerns we have. I repeat them once more just by way of summarizing and by way of making a plea to the government to hear these concerns and to act before this debate proceeds much further.

The first is that we have in the bill a clear mechanism for independent environmental assessment so that the workings, the activities, of our Export Development Corporation are consistent with the principles that we all share around preserving and protecting our environment.

The second, and again we make the strongest call possible, is for an enforceable human rights review framework to be included, incorporated and integrated as a part of Bill C-31.

Finally, we in the NDP call upon the government to ensure increased transparency and public disclosure policies as an integral part of Bill C-31. We feel that all these recommendations are supported by the work of the NGO community, by the work of parliamentarians and by the report of the auditor general. The evidence is there for action in those three areas. The bill could be a very important, strong, leading edge piece of legislation if we have the will to make those changes now.

As some of my colleagues said earlier, the bill tends in fact to reduce our policies to the lowest common denominator in terms of such basic issues as environmental preservation and protection and human rights protections as well. Why do we keep doing that in this day and age? Why lower our standards to the lowest common denominator? Why not instead become a world leader in these areas, set the stage and raise the bar on such basic fundamental issues as the environment, human rights and public disclosure? They are fundamental to the values of Canadians today. They are fundamental to the whole democratic process. We urge the government to consider these comments as constructive criticism with the hope that changes can be made to the bill before we go much further.

Export Development ActGovernment Orders

October 1st, 2001 / 1:30 p.m.
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Canadian Alliance

Gurmant Grewal Canadian Alliance Surrey Central, BC

Mr. Speaker, I am pleased to rise again on behalf of my constituents of Surrey Central to participate in the debate on Bill C-31, an act to amend the Export Development Act and to make consequential amendments to other acts.

The parliamentary secretary explained the government's side of the story. Now I have the opportunity to explain the story from the opposition's point of view. However, before I do that, for the folks who are watching and listening to the debate I would like to give a brief background.

Legislation governing EDC, Export Development Corporation, requires ministerial review of the act. A review commenced in 1998 concluded with a report by a law firm. The report was reviewed and reported by the Standing Committee of Foreign Affairs and International Trade. The result of that report is the amendment to Bill C-31 which is what we are debating today.

In general, the bill is of a housekeeping nature and simply updates the act. If passed it will enable the board to delegate its powers. It will require the EDC to establish a pension plan for its employees.

The treasury board policy encourages crown corporations to arrange comprehensive, independent pension plans for their employees. However CPP, one of the key pension plans managed by the federal government, is the worst managed pension plan. It has been earning even less than the interest on a savings account. Its surplus funds were grabbed by the Liberal government and the chief actuary of the CPP was fired for being forthright and not yielding to the Liberals' pressure.

Prior to these amendments, there were no legislative environmental review requirements of the EDC.

If the bill is passed, it will require the EDC to determine if a project is likely to have adverse environmental effects and whether it would be justified for the EDC to enter into a transaction.

The previous speaker talked about the environment. The Canadian Environmental Assessment Act will not apply to the EDC's reviews, so that Canadian environment standards and laws are not imposed on other sovereign nations. How can we do that?

The objective of the substantive environmental amendment is to strike a balance between trade competitiveness and concern for the potential environmental impacts of projects supported by the EDC.

The auditor general recommended that most international financial institutions, including export credit agencies, have environmental policies and procedures. A consensus emerged on the elements of good practice that an international financial institution should adopt, to ensure that the projects it supports are environmentally and socially responsible.

Industrialized G-8 and OECD countries developed common environmental guidelines for export credit agencies. Some of the guidelines include: To strengthen EDC's environmental review process, EDC needs to make changes in both the design and operation of the framework; to close the gaps in the framework's design, the EDC should focus on enhancing transparency through public consultation and disclosure; and, to strengthen the framework's implementation, the EDC should concentrate on the tools that identify environmental risks in the screening process and on monitoring to ensure that the framework is operating efficiently and effectively.

Let me point out that my constituents and I, and members on this side of the House, are for the protection of the environment. Canadian Alliance policy supports sustainable development initiatives.

I would venture to say that on all sides of the House, members want to protect the environment and work on projects related to greenhouse gas reductions and improved air and water quality so that we can hand over the plant to future generations in a better condition.

However, as a government, the Liberals have mismanaged our environment and have failed to provide sustainable development.

They have signed international treaties, including Kyoto, Beijing and Rio, for example, with no intentions whatsoever of carrying out their commitments. They made those commitments without consulting Canadians, parliament and the provinces. They have failed to provide these commitments with the scientific support they required to be attained. They made political decisions about matters that required scientific decisions. They made decisions not based on scientific facts or on what Canadians can do and want but just for political intervention or motives. They have allowed the endangered species legislation to die on the order paper of the House twice.

Another problem with the bill is that EDC is being used more by the Liberal government for political favours than other crown corporations and agencies,such as CIDA, HRDC, Western Economic Diversification, ACOA and many others. These agencies should not be used for political purposes. They should cater to the needs of Canadians.

There are rampant patronage appointments in crown corporations. Most recently, Mr. Bernard Boudreau, a short term senator and cabinet member, who ran unsuccessfully to become a Liberal MP, was appointed to the board of the EDC. The bill does not address the issue of patronage appointments at all. The practice should end. Those appointments should be based on merit, not on who is a friend of the Liberals. They have been giving those positions to friends and failed election candidates who were rejected by Canadians.

The Canadian Alliance recognizes the essential part financial institutions play in the everyday lives of Canadians. We will protect the best interests of consumers by fostering competition and ensuring that the financial services sector is adequately regulated, without impairing stability or opportunity for success and growth in these institutions.

Most of the services provided by the EDC, such as short and medium term export insurance and financing, should be privatized. The rest of the EDC would have to become a division of DFAIT, the Department of Foreign Affairs and International Trade, and be directly accountable to parliament. This division could provide occasional loan guarantees and other services which are beyond the scope of private sector, such as long term insurance, political risk reassurance and projects that are not commercially viable but may be deemed to be in the interest of the nation.

We understand that the organization can get involved in those areas but not to provide political favours for the weak, arrogant, Liberal government's friends.

In 1991 the United Kingdom privatized its equivalent export agency, called export credits guarantee department, to ensure that there were no implied trade subsidies in the EU from one country to another. The United Kingdom government provided the political risk reassurance to the private company which took over the ECGD.

To serve the exporters better, there should be true competition in the export and financing business. They should have free market and competition. That is what the government should encourage. They should have the opportunity to directly deal with their own banks or insurance brokers to have their exports financed and insured. That is what businesses need. If the banks got into the business, exporters may receive 100% financing in addition to speedier and personalized efficient services.

In conclusion, the bill does not address the concerns that I have just highlighted. I ask the government to address these issues and make appropriate amendments to the act. Otherwise, I will be left with no choice but to vote against the bill.

Members on this side of the House recognize that while the EDC enjoys a high level of support in certain segments of the business community, it is being used by the Liberal government for political purposes, including recent television advertising.

We should and we must oppose the bill due to the lack of action on the patronage aspect alone, among the other things I mentioned. Therefore, I will oppose the bill.

Export Development ActGovernment Orders

October 1st, 2001 / 1:15 p.m.
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London—Fanshawe Ontario

Liberal

Pat O'Brien LiberalParliamentary Secretary to the Minister for International Trade

Mr. Speaker, it is an honour to lead off second reading debate on this important piece of legislation. This legislation results from an extensive review of the existing Export Development Act and of the activities of the corporation it governs, that is the Export Development Corporation or what we commonly call EDC.

The bill contains specific amendments that flow from a comprehensive review process which began in 1998 and brings a balanced approach to change at EDC. This legislation also complements other policy direction from government, as well as changes that have been initiated by EDC since the review process got under way.

It is fair to say that the period leading up to this legislation has seen the most thorough review of Canada's export financing activities that has ever been undertaken. The broad based review included public consultations, parliamentary committee recommendations, and advice and recommendations from many other experts, stakeholders and independent observers.

The bill now before the House is a product of a focused discussion on what is best for Canada in the intensely competitive world of international trade as well as a thorough examination of how best to reflect Canadian values in our dealings with other countries.

A key feature of the bill is a new statutory requirement for the environmental review of projects being considered for EDC support. This is a significant change that positions Canada in the forefront of the international community in efforts to more closely link export credit activities and environmental impacts. The bill also includes other statutory changes that provide the necessary legal basis for a number of operational changes at EDC.

Bill C-31 fulfills a commitment made by the Minister for International Trade last June. At that time the minister announced important policy changes for Canada's export credit agency. He said he would introduce enabling legislation this fall. Bill C-31 completes the package by providing the necessary legal basis for change.

The minister's June announcement was based on conclusions that came out of the review process I mentioned a moment ago. To understand how the amendments we are debating today flow from the review, it is useful to understand something of the process itself.

As members may know the Minister for International Trade, in consultation with the Minister of Finance, is legally required to periodically review the act under the terms of the act itself. This requirement stems from changes that were made to the act in 1993 by the parliament of the day.

Those changes include a significant expansion of the commercial mandate of the Export Development Corporation so that it could fill perceived gaps in the private sector financial services market or more actively support the international financing needs of Canadian exporters.

These changes proved to be very effective. The corporation's financial support to Canadian exporters grew from about $12 billion in 1993 to more than $45 billion last year. In that time Canadian businesses have expanded their market reach all over the world.

Today exports account for over 40% of our GDP. Approximately one-third of our jobs are directly dependent on our success in export markets.

It is clear that the Export Development Corporation is a key part of our country's success in export markets. The EDC has demonstrated its value to Canada by filling gaps in the private sector's financial services, by reaching out to bring more small and medium size businesses into the export marketplace, by providing needed financial support to Canada's customers in developing countries, and overall by ensuring that Canadian exporters have access to the kind of financing that will keep them competitive with exporters from other countries.

Due to the fact that the EDC plays such a key role in our country's trade development strategy, we must ensure that it will continue to meet the competitive financing needs of Canadian exporters, and especially the small and medium size businesses that are the backbone of our economy and the main creators of jobs throughout Canada.

This need has become even more important as economic conditions around the world have tightened and market conditions for Canadian exporters have become even more competitive. At the same time EDC's operating policies and financing activities must reflect Canadian values in areas of corporate social responsibility, the environment, human rights, public accountability and transparency.

As legislators our public policy challenge is to find a balance between the twin priorities of international business competitiveness and corporate social responsibility. Bill C-31 helps to do just that. It also complements other initiatives to bring about a balanced approach to change at EDC.

For example, taken together with earlier policy guidance provided by the Minister for International Trade, the bill builds on a process of change at EDC that has benefited from the extensive public review process which took place over the past three years.

The first step in the process was the commissioning of a consultant study in 1998 undertaken by the well known law firm Gowlings. The Gowlings team undertook a comprehensive study of the Export Development Act as well as the corporation that the EDC governs. Gowlings also assessed Canada's export plans and needs within the international policy environment including extensive stakeholder consultations as well as detailed surveys and independent research.

Gowlings found that EDC enjoyed a very positive reputation in the Canadian export community. EDC is highly regarded as a Canadian success story by both its customers and its competitors.

EDC has gone out of its way in recent times to widely survey its clients. There is a tremendous level of satisfaction with the service that it delivers. I frequently hear from constituents and major companies in my riding about how important is the help and work of EDC.

I cite General Motors Defence of London, Ontario, as a good example. It is very appreciative of the efforts of EDC in the export work that it does. Some 80% of General Motors sales are in the export market.

The Gowlings report also raised concerns. It said that EDC's project financing decisions might not give proper regard to the potential environment in human rights impacts in other countries. Among Gowlings' recommendations were proposals to improve accountability on environmental and human rights matters.

The Gowlings report was tabled in parliament in July 1999 and referred to the Standing Committee on Foreign Affairs and International Trade, or SCFAIT, as well as to the Senate banking committee. Both committees held hearings, heard from witnesses and produced reports for the government's consideration.

The Senate banking committee focused on the relationship between EDC and other Canadian financial institutions. The committee's report recommended a form of private export credit guarantee that is now being studied. SCFAIT's review was more wide ranging. Through a series of hearings and round tables a broad range of advocates from both business and public interest groups as well as many other experts were heard from. Many written submissions were also received by the committee.

In his report to parliament SCFAIT's chair noted the challenge of addressing and balancing two sets of public policy objectives through EDC. On the one hand he said EDC must be open and accountable so that Canadians can ensure that it reflects their values in its dealings with other countries. On the other hand Canadian exporters must have continued access to the kind of financial services that are vital to their competitive position internationally.

The SCFAIT report offered recommendations to achieve this balance. An overarching recommendation was a proposal to amend the Export Development Act so that EDC supported activities would deliver both economic benefits to Canadians as well as meet Canada's international commitments and obligations, particularly those related to environmentally sustainable development and human rights.

Bill C-31 follows up on the spirit of that key recommendation. The Auditor General for Canada has also provided advice on EDC that the government has found helpful and that is relevant to the bill before us.

Last year, in response to a request from the government, the auditor general studied the environmental review framework that EDC had introduced earlier. EDC brought in its own environmental review process in 1999 but public concerns had been raised about its rigor and clarity. The government wanted the auditor general to examine the suitability of EDC's environmental review framework and to assess its performance in implementing it.

The auditor general delivered her report in May of this year. She concluded that EDC's environmental framework contained “most elements of a suitably designed environmental review process”. This was a useful finding. It indicated that EDC was on the right track with its approach to environmental review.

However, the auditor general also identified a shortcoming when she cited a significant difference between the design of EDC's environmental framework and its operation. Although she concluded EDC was on the right track with its approach to environmental review, she also signalled that its operating policies and procedures needed to be improved.

Following on this report, the Minister for International Trade provided a clear set of guidelines to the corporation for the management of its environmental review practices.

EDC has taken to heart the advice it has received and is currently engaged in wide public consultations aimed at strengthening its environmental review framework. In a related move, the corporation is also bringing in a new disclosure policy as a follow up to stakeholder consultations.

It is important to note that the debate on whether or not an environmental review of EDC projects is needed is over. Everyone feels that it is needed. Representatives of both the business sector and public interest groups agree on the need for environmental review. With this bill, the government is using the Export Development Act to provide a statutory basis for an environmental review process at EDC. The next step is for the corporation's board of directors to develop a directive to make the objectives and the expectations of the review process clear and workable.

EDC is now at work to develop a more rigorous environmental review process, one that will meet both economic and social responsibility objectives and one that will have the force of law as proposed by the bill. This move to a statutory requirement for the environmental review of EDC projects is a significant step forward by Canada on the world stage.

A number of other countries, notably OECD member countries, are now looking at measures that would require their national export credit agencies to carry out environmental reviews of projects being considered for support. With this bill, Canada will be among the first to make environmental review of such projects a matter of law.

At the same time, the statutory approach presented in Bill C-31 does not put Canada out of step with emerging trends and developments in other countries. For example, some Canadian public interest groups have argued in favour of bringing EDC's environmental review activities under the authority of Canada's Environmental Assessment Act. However this approach would be inconsistent with developments that are underway elsewhere within the international community, including in the OECD, where most of our export market competitors are found.

In other words, the bill positions Canada as a leader in the international move to higher standards for the environmental review of export agency finance projects. However, it does it in a way that will not put Canadian businesses at a competitive disadvantage to exporters from other countries. This is a key point. It is a further illustration of the need to find a realistic and practical approach to balanced change at EDC.

The bill also proposes some administrative amendments to the existing act. For example, the bill proposes a change in the corporation's legal name to Export Development Canada in English and Exportation et Développement Canada in French. This means the acronym EDC will be the same in both of our official languages.

This change simply reflects the reality of everyday business usage by EDC's clients. It will also allow the corporation to build on its very positive EDC brand name in Canada and abroad. I might add that by having the name of our nation, Canada, in its title, it obviously would play very successfully on the tremendous goodwill throughout the international community that we as Canadians experience every time we travel anywhere in the world. I know Canadians from all walks of life share that experience.

Other changes include: an amendment to enable the board to delegate powers and duties to committees that it may establish. This reflects modern business management practice and is consistent with practices followed elsewhere in both the public and private sectors.

An amendment to exempt EDC's activities from the provisions of the Canadian Environmental Assessment Act. This amendment is included to avoid the potential for duplicate environmental reviews in cases when EDC may be involved in partnership with another organization that is subject to CEAA.

An amendment to enable the EDC board to establish a pension plan for officers and employees of the corporation. This amendment speaks for itself.

Finally, I want to comment on the amendment that would require the auditor general to audit the design and implementation of EDC's environmental review process at least once every five years. This too is a key measure. It ensures that EDC will remain publicly accountable for its environmental review performance. I also note that the Minister for International Trade has asked the auditor general if her first audit could take place after only two years. This is not required but the minister has been very proactive in putting forward this proposal, and should be applauded for it. It shows how seriously the minister and the government view this entire initiative in showing environmental accountability.

The amendment to require EDC's board to establish a directive to determine whether a proposed project is likely to have adverse environmental effects should be welcome news for those who want legal force for environmental review at EDC.

The amendment to require the auditor general to audit the design and implementation of that review process should be good news too. It means that EDC's environmental review performance will remain subject to the scrutiny of the auditor general, an officer of parliament who is independent of the board, or for that matter of the government.

To conclude, EDC is a vital part of Canada's export development efforts. Businesses, large and small, all across Canada depend upon the corporation to provide the financial services they need to be successful in the intensely competitive international marketplace. I have cited already the example brought to me repeatedly by my friends at General Motors Defense in London, Ontario.

At the same time, as a crown corporation, EDC must reflect Canadian values in its policies and operations. Environmental review is an essential aspect of that. The bill would provide statutory force to this key area of corporate social responsibility.

To sum up, there are three basic reasons why the House should support the bill. It facilitates the continuing process of change toward a stronger and more effective EDC. It brings the force of law to the environmental review of EDC projects. It ensures that the auditor general, on behalf of the Canadian public, will continue to monitor and report on EDC and its environmental review performance.

I would urge all my colleagues in the House to support the legislation.

Export Development ActGovernment Orders

October 1st, 2001 / 1:15 p.m.
See context

Edmonton West Alberta

Liberal

Anne McLellan Liberalfor the Minister for International Trade

moved that Bill C-31, an act to amend the Export Development Act and to make consequential amendments to other acts, be read the second time and referred to a committee.

Business of the HouseOral Question Period

September 27th, 2001 / 3 p.m.
See context

Glengarry—Prescott—Russell Ontario

Liberal

Don Boudria LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with Bill C-27, the nuclear waste bill, followed by resuming the debate on Bill C-33 on Nunavut surface rights. Should this bill be completed before the end of the day I would then propose to advance the emergency debate previously scheduled for this evening.

Tomorrow we will debate Bill C-32, the Costa Rica trade agreement. I do not propose to call other legislation tomorrow.

On Monday we will begin consideration of Bill C-31 concerning the Export Development Corporation, followed by Bill C-30, the courts administration bill, followed by any previously listed business that has not been completed if such is the case.

Immediately after I complete reading this statement I will be proposing a special order which will make it possible to have a take note debate on the airline industry on Monday evening.

Tuesday shall be an allotted day. On Wednesday we will deal with Bill C-34, the transport tribunal bill, and any unfinished business.

For Thursday and Friday I hope to be consulting with House leaders of all parties regarding the adoption of the modernization committee report, second reading of the foreign missions bill which will be introduced shortly, and the miscellaneous statute law amendment bill that we pass once per parliament.

Pursuant to the business statement I just made, I believe you would find unanimous consent pursuant to earlier discussions to move a motion. I move:

That, at 6.30 p.m. on Monday, October 1, 2001, the House shall continue to sit and shall resolve itself into a committee of the whole to consider a motion “That the committee take note of the difficulties experienced by the Canadian airline industry”, provided that, during consideration thereof, (1) the Speaker may from time to time act as Chair of the committee (2) no Member shall speak for more than ten minutes (3) the Chair of the committee shall not receive any quorum call or any motion except a motion “That the committee do now rise”, (4) when no Member rises to speak, or at 10.00 p.m., whichever is earlier, the committee shall rise and (5) when the committee rises the House shall immediately adjourn to the next sitting day.

Export Development ActRoutine Proceedings

September 20th, 2001 / 9:55 a.m.
See context

Papineau—Saint-Denis Québec

Liberal

Pierre Pettigrew LiberalMinister for International Trade

moved for leave to introduce Bill C-31, an act to amend the Export Development Act and to make consequential amendments to other acts.

(Motions deemed adopted, bill read the first time and printed)

Attack on the United StatesGovernment Orders

September 17th, 2001 / 11:25 a.m.
See context

Okanagan—Coquihalla B.C.

Canadian Alliance

Stockwell Day Canadian AllianceLeader of the Opposition

Mr. Speaker, we are only six days from the morning of September 11, 2001, a new date which we all know will live on in infamy. On that day, in a few harrowing hours, the world was changed forever.

None of us will ever forget where we were in the moments we first heard that planes had struck the World Trade Center and the Pentagon, but for many people, including hundreds of Canadians, that awful moment will never end. There will always be a missing daughter or son, husband or wife, or mother or father who will never return.

It is to the victims of these barbaric acts, to their families and to their loved ones that our hearts, our minds and our prayers must go first. We must let these families know, those who have suffered these losses, that we are with them, that this parliament is with them and that Canada is with them.

Last week's horrific attacks in New York, Washington and Pennsylvania have shocked everyone in the civilized world. These mass hijackings and suicide attacks were more than a crime; they were barbaric acts of war. They were aimed straight at the heart of our society. I say society because these attacks were not aimed just at New York or even just at the United States. They were aimed at everyone in the world who believes in democracy and freedom. They were aimed at everything we hold dear here in Canada also.

Our first thoughts must turn to those who were lost in this horrific attack and to their grieving families: the passengers and crew of those airplanes, the men and women working in the office towers, the pedestrians below those towers, and the brave firefighters and police who rushed in only to be killed themselves. Our thoughts are with these brave souls. They died because they lived in freedom and freedom was targeted for attack.

The very next day following the awful attacks in New York, the people of New York, hurting and feeling great pain, returned to their jobs. Many opened their shops, some of which were covered in ashes, and with their hearts aching but their heads held high they said to a watching world “We are bruised but we will not be broken”.

Let us join them in that spirit to do what must be done to stop the forces of terror and tyranny and to keep open the doors of freedom and peace.

Our hearts go out to all our brave neighbours in the United States, that great beacon of hope and freedom to the world, our greatest ally and our closest friend. When Canada has needed it in the past the United States has been there for us. When the world has needed it, the United States has been there. Along with Canadians, the brave men and women of the United States crossed the Atlantic and Pacific in the second world war and stopped tyranny. Their determined valour was exceeded only by their friendship in the peace that followed.

Now is the time for Canada and Canadians to stand by our great friends and great allies as never before.

I want to thank the Prime Minister and the foreign affairs minister for their words of solidarity toward the United States. During this crisis it is important that MPs from all parties put forward a united front. I will do that. Others will do that.

Today I know that every member of parliament from every party would call himself or herself a Canadian, an ally, a friend, not just a member of a particular party.

The Prime Minister has my full support as we stand shoulder to shoulder with the United States.

I would also like to pay tribute to the thousands of Canadians, from RCMP officers and customs agents to airport personnel, firefighters, doctors, nurses, and citizens who donated blood, who responded with such compassion and concern in this crisis. They have shown that Canadians will stand with the United States, our greatest friend and ally, in its hour of need.

On behalf of Canadians, the Prime Minister called for a national day of mourning last Friday. We deeply appreciated that opportunity to express our sorrow and show our unshakeable support for our American neighbours and for Canadians who suffered loss. In a great show of Canadian solidarity and support on Parliament Hill last Friday and in similar ceremonies across the country, Canadians sent that message. The only element missing from that ceremony was the acknowledgment, in this time of sorrow and heartbreak, of our Creator, because in the days ahead it is only with divine wisdom, grace and understanding that we shall overcome.

As we join with the people of the United States and especially with the families of the victims to remember the dead, let us now dedicate ourselves to protecting the living. The events of September 11 were not merely tragic, like a train wreck or an earthquake. They were evil, as the Prime Minister has said. We must make sure that this kind of evil shall not prevail.

President Bush has rightly called this struggle the first war of the 21st century. Make no mistake. The war on terrorism is not merely the moral equivalent of war, like a war on drugs or a war on poverty. This is a genuine war, which can only be won, as Sir Winston Churchill said of another long struggle, with blood, toil, tears and sweat. Canada, in invoking article 5 of the NATO charter, has joined with our allies in declaring that this attack on the United States is an attack on ourselves, the first such declaration in the 50 year history of NATO.

This is not just an American struggle, for the terrorist war is aimed not only at America nor is it being fought only in America. It is being fought throughout the world, including here in Canada. The suicide bombing of the World Trade Center is an attack on Canada as well. Terrorists have declared war on the entire free world and the entire free world must declare war on terrorism.

This is a war not with ghosts but with real people. Osama bin Laden has been publicly identified as the prime suspect behind these murderous acts. He has been sheltered, if not aided and abetted, and time will tell on that question, by the Taliban regime of Afghanistan. The free world must tell all states that no matter what their ideology, supporting or condoning terror against civilians will never, ever be tolerated.

However, while bin Laden's al-Qaeda movement or other radical groups from the Middle East may be guilty of these infamous acts, we know that the overwhelming majority of Arabs and Muslims here in Canada and around the world deplore and abhor these attacks as strongly as we do.

I have discussed this matter with my colleague, the member of parliament for Edmonton--Strathcona, whom I believe is the only Muslim member of the House. He has told me of the sensitivity of this issue in Canada's Muslim community at this difficult time. The true meaning of Islam is surrender to God. The religion of Salaam, or peace, is diametrically opposed to these kinds of evil acts. The Islamic beliefs in peace and brotherhood are among the elements which make our Canadian communities strong and caring places in which to live. At this hour of darkness, let us reach out in a special way to our peaceful Arab and Muslim friends and neighbours here in Canada and let us reject any backlash against the innocent even as we strive to bring the guilty to justice.

The true teachings of Islam are diametrically opposed to the terrorists' interpretations of them. I am therefore calling upon the public to reach out to our Arab and Muslim friends here in Canada and to reject all forms of discrimination toward innocent individuals.

Let us not allow the barbarism of a few extremists to taint an entire community or religion. There must indeed be justice, but only for those who are guilty.

Canadians do not dwell often on thoughts of war. We are thankful for having enjoyed a long season of peace. When we consider our role in the world, we are more likely to think of Canadians keeping peace than waging war.

Some in this country have already begun to say that talk of war is overblown and irresponsible and that we must instead address the root causes of terrorism. This is true. Root causes must be addressed, but it is sheer folly, let there be no mistake, when we say that the root cause of terrorism is the terrorists themselves. The hatred that moves them to massacre the innocent can never be negotiated with or reasoned with.

It is not a matter of shades of grey when it comes to these barbarous acts of evil. It is set in black and white. This is not a time for moral ambiguity. It is a moment of moral clarity. As Canadians, as subjects of this peaceable land, we did not seek this conflict, but however much we might tell ourselves that we are not targets, that we really are not involved and that this is not our war, the reality is that we cannot avoid it. As I said last week, there are no rearguard positions in the struggle against terrorism, only front lines. Canada is on the front line whether we want to be there or not. In the words of Prime Minister Blair:

People of all faiths and all democratic political persuasions have a common cause: to identify this machine of terror and dismantle it as swiftly as possible.

In the past when summoned to action in World War I when we were a nation of only some eight million people, 625,000 soldiers went into action from Canada. In World War II we again made a huge effort, especially in relation to the size of our population. As well, in Korea and in the gulf, Canada proved itself ready. We joined with our allies and did our share, sometimes at great cost.

Now it is no different. The war on terrorism will require real sacrifices and new priorities. Now we must face the difficult question of whether Canada is ready to face this new struggle. Canada is a free and democratic society. It is precisely because we are a free and democratic society with values and desires to protect our way of life that we cannot avoid the awful responsibility of joining the war on terrorism.

The form of democracy we are privileged to enjoy is the Westminster parliamentary system. In our historic form of democratic government it falls to the leader of Her Majesty's Loyal Opposition to ask difficult and at times painful questions and to pose alternatives as to what the government should do.

In my address today and in the speeches from Alliance and other opposition members of parliament, we will pose important questions as to whether Canada is sufficiently prepared to face this challenge that has been thrust upon us. For several years the official opposition has consistently raised issues of border security, the integrity of our refugee identification system and the need for more resources for military, security and intelligence purposes. We have drawn attention to terrorist activity within Canada. In our view the government unfortunately has not always responded as fully as it should have to these concerns, but the world has changed since September 11, 2001, and what was an important if sometimes overlooked concern before September 11 has now become an absolute moral imperative since September 11.

Addressing these issues of national security must now become the single highest priority of the Parliament and the Government of Canada.

Today, the official opposition does not wish to rehash the past, to dredge up past mistakes by the government; instead we wish to propose concrete and constructive solutions for the future.

The official opposition does not want to fix blame. We want to fix the problem.

Today I would like to propose three important changes that would better equip the Canadian government to engage in its battle against terrorism.

First, we must equip ourselves with anti-terrorist legislation.

Second, we must ensure that we have secure borders and airports, by protecting ourselves against professional terrorists.

Third, we must provide our army, police and security intelligence service with the needed resources to engage in this battle as well as a clear mandate.

If Canada was inadequately prepared in some of these areas before September 11, the question before us now is how to respond adequately, now that we know we cannot avoid this fight.

In 1996, in the wake of the Oklahoma City bombing, the United States brought in comprehensive anti-terrorism legislation in the form of the anti-terrorism and effective death penalty act signed by President Clinton. In Canada the interdepartmental intelligence policy group reviewed the U.S. legislation but concluded “that the need for such a scheme or its potential effectiveness could not be established”.

In 2000 the United Kingdom, which already had strong anti-terrorism legislation on its books to deal with the threat of the IRA, brought in new sweeping anti-terrorism legislation to deal with international terrorism operating within the U.K.

The official opposition has pointed to the British terrorism act 2000 as an example of the kind of effective legislation that we feel Canada needs to deal with the threat of terrorist groups operating within our borders.

Both the U.S. anti-terrorism act of 1996 and the British anti-terrorism act of 2000 took concrete steps to name and outlaw specific terrorist organizations operating within those countries and to ban any fundraising or other support activities on their behalf.

Yet in Canada the government has avoided the approach of naming and banning specific terrorist organizations and their front groups. This is a step that no longer can be put off.

Canada is a signatory to and indeed helped to draft the 1999 United Nations international convention for the suppression of the financing of terrorism, which calls for a complete ban on all forms of fundraising for terrorist organizations. Unfortunately Canada has not ratified this convention and has not yet tabled legislation to give it force and effect.

Bill C-16 which allows the government to strip charitable status from groups raising funds for terrorism is a first tentative step, but it falls short of an outright ban on terrorist fundraising.

Bill C-16, which is being debated in this parliament, would make it possible for certain groups financing terrorism to be stripped of their not for profit organization status.

This is a step in the right direction, but we are still a long way from having true anti-terrorist legislation that would ban the financing of terrorism in Canada and eliminate such groups from this country.

We know that terrorist groups such as Babbar Khalsa, the Liberation Tigers of Tamil Eelam, the Kurdistan Workers Party and the Irish Republican Army have all raised large amounts of money in Canada and continue to do so. Indeed in 1998 CSIS reported that there were some 50 terrorist groups operating in Canada. In testimony that year before a Senate committee, CSIS Director Ward Elcock said:

As only a partial list, individuals and groups here have had direct or indirect association with: the 1993 World Trade Center bombing, suicide bombings in Israel, assassinations in India, the murder of tourists in Egypt, the Al Khobar Towers attack in Saudi Arabia and the bombing campaign of the Provisional IRA.

He went on to say that we cannot become, through inaction or otherwise, what might be called an unofficial state sponsor of terrorism. We cannot allow that to happen.

Giving the solicitor general and the CCRA the power to strip charitable status from these organizations and their front groups is not good enough. Governments must name these groups, define them, publicly outlaw them and ban all fundraising on their behalf.

The government should have the power to freeze and seize the assets of terrorist organizations and their front groups. We look forward to more input in this particular area of legislation and we look forward to the government response in this particular area. We must deal with this issue.

The second broad area I will address is the security of our borders and airports and how we can better screen people arriving in Canada to prevent possible terrorists from reaching Canada in the first place.

The security of Canada's borders and airports is a vital national and international security issue, but it is also a vital economic issue. Canada relies on a billion dollar a day flow of trade to and from the United States as a linchpin of our economy. Last week's airport and border shutdowns and delays will likely cost our economy tens of millions of dollars.

The fact that our two countries share the world's largest undefended border is not a right but a privilege. If we expect to maintain the kind of access to the United States and it to us that we have enjoyed in the past, we must now take steps to show our American neighbours that we are every bit as concerned as they are about maintaining security and preventing terrorism and organized crime.

We remember the threat posed to the Canadian economy by the illegal immigration reform and immigrant responsibility act passed by the U.S. Congress in 1997. It was only significant and hard lobbying by the Canadian embassy and others that won changes to the legislation to exempt the Canadian-U.S. border. Will that be the case after September 11, 2001? We must work in this regard with all diligence.

What kind of measures may be necessary to ensure security at our points of entry? Our critics in that area have been working diligently with security forces and others to help identify the things that must be done. We will consider the various ideas being brought forward and suggested, whether it is increased implementation of electronic passport screening or the idea of air marshals and other steps that must be taken to grant security on our airlines.

At our land borders Canada customs officers should be issued the right training and equipment to deal with the increased security that will be required there. Our critics in that area will bring forward specific items related to those areas.

There is no question that these steps and others will cost more money. The United States Congress has already authorized $40 billion in spending as simply a first instalment on clean up measures and anti-terrorist activities.

The official opposition will support new spending in these areas, even if it means going beyond certain current spending plans, as long as we are assured that other spending in low and falling priority areas is carefully pruned.

Most of these changes can be done through a reallocation of resources and an attack on wasteful spending. This type of scrutiny is difficult with a government which has refused to table a full budget, but that will be the subject of another day. We are focused on these issues. We are focused on solutions.

We also must look at tougher screening systems being put in place to keep people who pose security risks to Canadians and others from entering the country in the first place. For those currently in the refugee identification system who have not yet received landed status or citizenship we need better tracking to make sure we are able to locate possible security risks. To do that rapidly this should be an immediate priority. We need the resources and the will to do that.

We are known as a country which welcomes with open arms refugees who are seeking freedom and democracy. Unfortunately we are also known somewhat to be soft in not identifying and dealing rapidly with those who are a risk. Refugee claimants who break the law or people who enter this country illegally, especially where there are concerns about security risks, should be immediately detained or deported, not simply asked to check in at an Immigration Canada office once or twice or month.

We must take the proper steps in this regard. We need to do this and we need to do it with all diligence.

Bill C-11 which is currently before the House does not address many of these concerns. It represents in some ways a step backward from the previous Bill C-31 which died on the order paper before the last election. Bill C-11 should be amended to include broader measures to ensure the security and integrity of our refugee system and should be returned to the House.

As U.S. Secretary of State Colin Powell has pointed out, the war against terrorism in which we are now engaged will be unlike other wars. The enemy is both at home and abroad. They do not take openly to the battlefield but hide in shadows. While this effort may involve conventional warfare against states who harbour or sponsor terrorist cells, we must recognize, as has been identified, that they are also present inside Canada and the United States.

Fighting the multi-headed monster of terrorism means attacking all its operations and doing it simultaneously. We will address in detail the area and concerns of the Canadian Security Intelligence Service which has lost 28% of its personnel in the last decade. We will address the areas of the RCMP and its situations related to lost resources. Of course the largest infusion of resources will have to go to the beleaguered Canadian armed forces.

Over the last year the Canadian forces has declined from 90,000 to 55,000 personnel and is on track for further declines. This is a dereliction of our duty. We must support our armed forces and send that message to our NATO partners around the world.

Last week NATO invoked article 5 for the first time in its history. President Bush made it clear that he is building an international coalition to combat not only terrorist cells but their state sponsors. We must work with and be part of that coalition. Unfortunately the Taliban regime in Afghanistan has resorted to belligerent rhetoric about its support for Osama bin Laden rather than co-operating with the United States. The prospect of a conventional military campaign is not remote.

If and when the need arises for military action, the United States and NATO will expect Canada to provide a commitment. We must be willing and prepared to provide it. It is for this reason that I am asking the Prime Minister to be crystal clear regarding our commitment to the United States and NATO up to and including, if necessary, military involvement within our capacity to do so.

NATO is perhaps the most successful military and political alliance in history. Its decisions on military action are made with both care and deliberation. We are obliged to be part of that. Now more than ever Canada's voice and vote of commitment needs to be heard in the clearest of terms, both in the camps of our friends and the hidden dens of our enemies.

This weekend we have heard the menacing threats. We have heard warnings against freedom loving nations not to assist the United States in any military action. Our government must be clear. It is not the time to give any signal to the barbaric enemies of freedom and democracy that we will do anything less than stand shoulder to shoulder with our friends, the Americans and our NATO partners, in the face of this insidious threat.

This is not a time for half measures. It is not a time to bring forward previously announced initiatives and relabel them as anti-terrorist measures. There are some positive elements in current proposals like Bill C-16 and Bill C-11, but they do not go far enough. We must carry them forward. We must do everything that is within our power and will to do.

We will continue to bring forward constructive criticisms and suggestions. They will be put forward in a spirit of unity and solidarity with the Prime Minister and his cabinet as we enter this first war of the new century.

I hope the Prime Minister will accept these constructive criticisms and suggestions in the spirit in which they are given: for the furtherance of our common goal to defeat terrorism at home and abroad.

Over the next few weeks there will be times to discuss and debate whether we are moving fast enough or far enough in certain areas. There will be times to debate whether Canada could have or should have been more prepared. However today is a day to show unity and resolve.

We show unity in standing with our American neighbours, especially the families of the victims of these horrible attacks. We show unity in mourning our own Canadian dead. We show resolve in facing the enemy of international terrorism and announcing that terror in all its forms will not be allowed to stand.

Last week the world saw the face of evil. However good may yet be able to arise out of the evil if the citizens of the free countries of the world rise as one, say that this evil shall not stand, and work together to eliminate it from the earth.

In closing, I would like to say that I am proud to join with the government in supporting this motion. I trust it will be first of many actions we will take together as parliamentarians and as Canadians, united in this war against terrorism.

In these next days and weeks may God grant wisdom to our Prime Minister and to this parliament. God save our Queen. God keep our land glorious and free.

Immigration And Refugee Protection ActGovernment Orders

June 13th, 2001 / 4:15 p.m.
See context

NDP

Judy Wasylycia-Leis NDP Winnipeg North Centre, MB

Madam Speaker, I rise today to speak against Bill C-11, as I have done on behalf of the New Democratic Party throughout the entire legislative process dealing with this bill on immigration and refugee policy.

The bill was touted as constituting a major overhaul of the Immigration Act. It was supposed to be a long awaited replacement for a law that has been in place for more than 22 years. We all know that it replaces Bill C-31, which died on the order paper when the federal election was called, so the government had a second chance to get this right but refused. It had an opportunity to get up the courage and lead with some vision, but it failed miserably.

It is rare in my experience to deal with a government bill that is so seriously flawed as this one, so universally opposed as Bill C-11. Certainly I know that in our committee discussions there was universal opposition to the bill on the opposition benches. That was before today, before the leader of the Alliance Party rose in his place and appeared to be contradicting the good work, on many different levels, of the Alliance critic for immigration.

I hope the wisdom of the critic for the Alliance will prevail and that we will see a co-operative effort on this side of the House in continuing to apply pressure on the government to improve the bill and to think twice before allowing it to come to a vote today. I know that seems a bit far fetched, but the sentiments we heard from Canadians from coast to coast to coast were very clear and precise. Canadians do not want to see this kind of rigid, restrictive and punitive approach and are very disappointed in the Liberal government.

This is an area that is sensitive. We know that. We know, based on how immigration issues are raised in the House and the concern on the part of Canadians to ensure a balanced approach, there is a need for leadership by the government to help educate and inform Canadians about the need for immigration.

On a matter of such importance as immigration policy, population policy, which really is fundamental to the whole policy area, it is hard to imagine any government proceeding without considerable backing, without even qualified support from the opposition benches or without some community organization leaping to its defence. However, that is exactly what the government is doing. It is plowing ahead despite repeated concerns, suggestions and criticisms raised by Canadians, by individuals, immigration advocates, refugee sponsors, ethnocultural organizations and people who advocate and work in the field day in and day out.

It cannot be said that efforts were not made to improve the bill. It is not for the lack of trying that we end up in this position today with a bill that is virtually unchanged from the start of the process to the end. The committee worked hard. It has been acknowledged. Canadians worked hard. Throughout the committee process we heard from over 150 different groups from coast to coast to coast. Almost in unison they spoke against the bill.

We proposed hundreds of amendments at the committee level during clause by clause. There were over 80 amendments from the NDP alone. Yet with the exception of perhaps a handful of amendments, a few small changes, the bill remains flawed. It remains a document with many offensive and troubling aspects.

I want to make it clear that for the NDP, at least, this bill is problematic not because of one or two offensive clauses but because as a whole it goes in the wrong direction. I think this is the case for other opposition parties and it had been the case for the Alliance Party as well.

The bill is contrary to the very values that Canadians hold so near and dear. The bill as a whole, in all of its parts, is a disappointment. It is a lost opportunity and is regressive in many ways. Many have told us that bill would in some cases actually make the situation even worse. Imagine that. After all the consultations and the successive bills presented on this matter, it is not even possible to draw the conclusion from all groups involved, including experts and concerned citizens, that the bill is better than the present 22 year old law. That is what we are hearing.

Imagine a Liberal government bill being so roundly criticized not because it offends, with the exception of the Leader of the Opposition and a few others, the extremist elements of our society, the right wing elements or the conservative doctrine in the country, but because it violates fundamental principles in the areas of democratic rights, civil liberties and humanitarian ideals. That is astounding.

As so many told us throughout the whole process, the bill, when all is said and done, is un-Canadian and undemocratic and it is certainly un-Liberal. Liberal members in the House today should be ashamed for supporting this bill and for refusing to rise in their places and speak against this very regressive legislation.

Legislation in the immigration and refugee policy field should flow from our history, our traditions and the values of Canadians and it should be based on population needs. In terms of history, as many have said in the House, this country has been defined by the waves of immigration that have taken place over a long period of time.

We have all said in the House that except for Canada's aboriginal peoples all of us or our ancestors came from somewhere else. We are all immigrants and we value the fact that our society is diverse. We see Canada gaining strength from adversity in terms of our climate and our geography and also from our diversity in terms of the successive waves of immigration and the ethnocultural diversity of the country.

I think it is fair to say that Canada is one of the most ethnically diverse societies in the world. It has certainly been stated that way by Gwynne Dyer, who wrote a wonderful piece in Canadian Geographic in the February 2001 issue, in which he said:

What is truly remarkable is the ethnic profile of the immigrants to Canada, which is unique in how closely it matches the global distribution of the human population...Canada, more than anywhere else, is truly becoming the world in one country.

Canada's legacy, Canada's history, is about that diversity. It is not just about the number of people who have come from so many different places. It is about how we treat and deal with one another in the context of being a mosaic. It is our tradition and our values that have shown the way. Canada is a model for the world in terms of respect for differences, for not imposing one view or one way of thinking or one way of life on our immigrants and the people who make up this country. Our way is one of easygoing acceptance, of generosity and tolerance and respect for differences. We do not impose some uniform identity on the immigrants who come to this country.

One would think, based on our history, traditions and values, that today we would be at a point of advancing openness and tolerance in the form of the bill before us.

That happened about 30 years ago. That was a significant part of our history. The government of the day under Pierre Elliott Trudeau actually looked at this as an important policy area that had to be addressed. We saw legislation introduced that allowed for the doors of our country to be opened up and for immigrants to come to this country from all over the world.

Here we are today in the year 2001, the start of the millennium, with the hope that we could build on that history and that tradition. Instead we are looking at probably one of the most restrictive and punitive pieces of legislation that parliament has seen in a long time. It is certainly out of character in terms of Canadians' expectations with respect to Liberals in this country.

Some of the recent developments illustrate what kind of situation we are dealing with. It is not just a regressive, restrictive, punitive law but also a fortress mentality that is deeply entrenched in the system. Although the minister is addressing this issue, we saw the treatment of Tinuola Akintade, the British citizen who received such rough treatment at an airport in this country, thus showing us that legitimate visitors are sometimes treated like criminal suspects in the country today.

We have also learned some lessons from the whole episode with respect to establishing honorary citizenship for Nelson Mandela. Although it is very important for the government to have taken this initiative, and we have supported it every step of the way, we certainly were appalled at the one or two Alliance members who objected to recognition for Nelson Mandela.

We are also galled by the decision of this government to make such an important statement at the same time that it is bringing in a bill that, if we were able to repeat history and he was seeking refuge from his particular circumstances, would have denied Nelson Mandela the ability to enter this country in the first place. As we have heard from many organizations and certainly from my colleague, the member for Winnipeg Centre, who made this point repeatedly during the process pursuant to Bill C-31, Nelson Mandela would have been denied entry into this country because he would have fallen under the definition of being a terrorist.

This point was made so well recently in an article in the Globe and Mail written by Sharryn Aiken and Andrew Brouwer, who stated that for many individuals the provisions of Bill C-11 actually mean:

—that merely associating with known suspects, sympathizing with a national liberation struggle or doing some community organizing in Canada will be enough to get a person labeled “member of a terrorist organization,” if the cause in question happens to be on the government's informal...blacklist. By permitting such findings of guilt by association, the provisions violate international standards and principles of criminal law, bringing to mind some of the worst excesses of the McCarthy era.

The other important point in this debate is the need for this legislation to reflect population policy, for it to be based, to be founded, on our vision as a country in terms of numbers, in terms of where we want to go, how we want to grow and at what speed, and how we meet the needs of citizens in this nation.

Canada can no longer count on a steady stream of prospective immigrants knocking at our door seeking admission. We are just not competitive any more. We are not competitive because we have moved so far toward a very punitive, restrictive process.

The numbers say it all. We have heard so much from the minister about opening the front door. We have heard so much about trying to get our immigration and refugee population up to 1% of Canada's overall population.

If that were the case today we would be at about 300,000 new immigrants or newcomers to Canada. According to the latest statistics, we are not even close. The numbers are a little higher than they were in 1967 when a Liberal government opened the doors and brought in legislation at that time.

We are not making great progress toward meeting that minimal goal of 1% of our population. We are not meeting that goal in terms of immigrants or refugees. We are not contributing in a major way, as many Liberals have stood up in the House to suggest, for Canada to be a home for displaced persons and people in need of protection. We are told over and over again how Canada is a model in terms of refugees, yet when it comes down to the actual numbers, for the last year for which we have statistics, we are at about 25,000 refugees. I do not think that is something to brag about. It certainly points to the possibilities for more openness when it comes to both immigrants and refugees.

We are a large country. We have the second largest land mass in the world. With only a little more than 30 million people, we can do better than this in opening our doors to people who want to come to Canada. We have to do better if we are really serious about renewing ourselves as a population and ensuring that we continue to meet the economic and social needs of Canadians.

We heard from many groups that made that point, especially people from Manitoba such as the Manitoba Interfaith Immigration Council and the Citizenship Council of Manitoba. Both organizations have said time and time again that our demographics show that we are both aging and we are not having enough offspring to replace our current population. This was a point made by the minister today.

Then the question is what is the action to deal with that situation, and why have we not taken more steps to open our doors? Is this what Canadians want? What affect will this have on our social and economic well-being? Can we survive as a nation if we cannot be competitive because of a stagnant population? Is this truly the kind of vision we have of Canada in terms of the global community?

The point of all the presentations we have heard was to base our policy on history, values, traditions and on population needs. We have failed to do that through this bill. We have lost an important opportunity.

What the government is really doing with this bill is protecting Canada from the world instead of uniting and re-uniting families and building a nation. It seems to me that the bill is predicated on that fortress mentality of keeping out the bad guys and protecting Canadians from negative elements in the world. The bill fails to do what is fundamental to the task at hand, which is to ensure that we allow families to be re-united and that we build the country on the basis of the contributions that each individual and each family make, just as our ancestors did, and that in the process we build and unite this country.

What we are doing in the bill is the worst possible thing of all. We are responding to an anti-immigration sentiment that is a very small part of public opinion these days and declining with every day that passes. There is a pandering to prejudices tone in this bill that does in fact lead to xenophobia and racism. That is the last thing this place should be about. This is the last thing the government would want to do I would hope.

We are debating a bill that is keeping people out instead of re-uniting families and building a nation. We tried very hard to expand the definition of family class. We proposed adding grandparents, brothers and sisters. It was a tie vote until the chair had to break the tie and kept with Liberal policy, which was unfortunate.

Equally unfortunate is the fact that the government refuses to look at the whole restrictive approach to visitors visas which is probably cause for the greatest number of concerns and cases that MPs hear in our constituency offices.

The bill refuses to deal with the head tax which does restrict immigrants from less developed and poorer countries around the world. It is discriminatory because of the head tax. We tried very hard to get that deleted.

It falls short in dealing with the whole issue of foreign credentials and ensuring that we recognize people with training, skills and education from other countries. It fails to, as we tried to do, eliminate and replace the live-in caregiver program, which is so repugnant in the treatment of women and the perpetuation of the notion of women being cheap slave labour. It denies people the right to pursue their democratic rights for appeals to the courts. We heard that over and over again. It does not live up to our international conventions on refugees and torture. It is a disappointment on many fronts.

I would like to conclude with one sentence that asks the question: In this world of globalization and rapid technology, does this have to mean harmonization and homogenization or would it not be better to ensure that the strength and the spirit of individual communities and ethnocultural populations is supported, enhanced and able to contribute to the strength of this country?

Immigration And Refugee Protection ActGovernment Orders

June 4th, 2001 / 3:45 p.m.
See context

NDP

Pat Martin NDP Winnipeg Centre, MB

Madam Speaker, I am glad to add our remarks to this set of amendments regarding Bill C-11. I understand that these amendments deal specifically with refugee issues.

I am happy to take part in this debate for the simple reason that my riding of Winnipeg Centre is the part of Winnipeg where most people who are deemed as refugees or most newcomers seem to settle. The core area or downtown area of Winnipeg seems to be the place where they can find affordable housing and access to reasonable settlement services that help them get their start in Canada.

I am proud Canada plays an active role around the world in providing safe refuge to those who seek sanctuary, whether they have to flee religious persecution, political persecution or whatever their reason may be. There is a certain spirit of generosity I believe that most Canadians share in reaching out to those who need the safe sanctuary of Canada. Other speakers have mentioned groups that are playing a particularly active role which enables these people to leave their troubled homelands and to come to Canada.

Certainly there are church groups within my riding that work day and night to try to sponsor refugees and refugee families. They do fundraising, but their activism does not stop in terms of financial contributions. They also do a lot of follow through. They actually stay with the refugee or refugee family to help them to break into mainstream Canadian culture, to get them over the hurdles and barriers which exist when newcomers come to Canada, to help them find work and get fully integrated. Some of the church groups in Winnipeg do a wonderful job.

I want to make special mention of an organization. It is the Manitoba Interfaith Immigration Council found on Edmonton Street in my riding. I work closely with this organization because it is charged with the responsibility of administering the settlement services that are offered to refugees in Winnipeg. I cannot say enough about the dedication of these individuals. The people there work in conditions that we would all find very taxing. It is an under-resourced organization. I believe it does an awful lot with very little. Its budget has been cut back in recent years in terms of stable core funding, of which we have been very critical.

We believe that we are getting incredibly good value for our dollar by adequate funding to organizations like this because they do so much to alleviate the load from the department officials who would otherwise have to deliver and administer these settlement services. I would speak very forcefully of the restoration of levels of funding to organizations like the Manitoba Interfaith Immigration Council.

They were very vocal and active through Bill C-31 and Bill C-11 in pointing out some of the shortcomings of those bills or putting forth very solid recommendations on how these bills could be improved, not just in the refugee area, but also in areas of family sponsorship.

Even though I know we are on the subject of refugees right now, I want to make a point that I did not get a chance to make under earlier motions. Using the low income cutoff for family sponsorship is fundamentally wrong. It is a flawed way of putting a line in the sand. It does not do the city of Winnipeg any service because large cities like it are lumped into the same category. In other words, if people want to sponsor one of their family members, they have to be at a certain level of family income to undertake that sponsorship.

The family income arrived at is the same in Winnipeg as it is in Toronto, Vancouver or other major cities. I could demonstrate quite easily that the cost of living is a great deal lower in the city of Winnipeg. The cost of housing is about one-quarter of what it is in the city of Toronto. We should not be held to the same standard when it comes to the reunification of families or the sponsorship of families.

Some might think that failed sponsorships put some sort of burden on municipalities in terms of social welfare costs. I can provide some figures from the Manitoba Immigration Interfaith Council. Out of 13,700 welfare claimants in the city of Winnipeg, only 11 of those were actually the result of failed family sponsorships in immigrations. Eleven out of 13,000 is not an undue burden on our city. Those who think that could come about are simply not working with the actual facts.

Another group that has been very active in the advocacy for refugees is of course the Canadian Council for Refugees. They came before the committee for Bill C-31 and again for Bill C-11 with some very thoughtful recommendations on how the bill could be more fair in its treatment of the refugee determination and admissibility of permanent residents. I would encourage government to revisit the brief from the Canadian Council for Refugees. I do not think there is a single organization in this country that is as authoritative on this issue or has worked as diligently to try and develop standards for managing the refugee influx into this country.

It was one of the council's recommendations that brought in the whole subject of gender analysis and how necessary it was that we use that screen for any legislation introduced by parliament. I am very glad the member for Winnipeg North Centre managed to convince the committee that we needed to undertake a comprehensive gender analysis in legislation of this type.

An example which was pointed out was the need to allow women a second hearing in terms of being turned down as a refugee. Sometimes the circumstances that qualify them as a refugee are not easy for them to make public. In the initial application some information may be held back for any number of cultural reasons or personal safety reasons. If this information needs to be heard or needs to be introduced, it would have to be introduced at a second refugee hearing. That is being contemplated now through the hard work of those of the committee.

I want to thank the Canadian Council for Refugees for being the one to really push that issue and the members of the committee for seeing fit to make that one of the priorities.

Another gender issue I would like to point out also has to do with the family reunification. As we do this comprehensive gender analysis I hope this comes forward. In terms of sponsoring other family members women are disadvantaged in that regard as well. Given that there is this income threshold by virtue of which a person is allowed to sponsor or not sponsor another family member, given that women earn only 66% of what men do on average across the country, women or households led by women are less able to sponsor family members than households where the male is the bread winner.

I would suggest this is another amendment that needs to be introduced in the interests of fairness. In the interest of people's chartered rights, this issue needs to be addressed. I would hope the gender analysis that is undertaken is sensitive to that issue now that we have put it on the record.

Another organization that has been influential in advocating on behalf of refugees is the Maytree Foundation in Toronto. The organization has put forward some of the best prepared material on the subject. It was satisfied that there was some recognition of the issues it raised.

The foundation advises that that Bill C-11 includes some positive, but also some negative measures relating to refugee protection in Canada. It speaks to the issue of identity documents. There are times when personal documentation is extremely difficult to access when people flee their homeland under persecution, often in the dead of night. There are places in the world that if refugees need the documents we demand they have to make application for those documents. Then they become flight suspects. When prospective refugees make application to get their marriage licence or birth certificate from the city hall or agency, the spotlight shines on them and they may in fact not be able to get them.

I am honoured to raise the names of the organizations of the Manitoba Interfaith Immigration Council in Winnipeg, the Maytree Foundation, the Canadian Council for Refugees, and the contributions they have made.

Immigration And Refugee Protection ActGovernment Orders

June 4th, 2001 / 3:25 p.m.
See context

NDP

Judy Wasylycia-Leis NDP Winnipeg North Centre, MB

Mr. Speaker, this is an important group of amendments at report stage of Bill C-11. They pertain specifically to the parts of the bill dealing with refugees and refugee sponsorships.

We spent a considerable amount of time on this section in committee. We heard from many Canadians who work directly in the field of refugee sponsorship and helping displaced persons. They ensure that Canada, as has been the case in the past, is a place of refuge, a place of safety for people confronted with political, economic or social persecution and conditions that are unacceptable from the point of view of any notion of being a civilized society.

Our main focus in this section was to try to ensure that Canada continued to be a place of refuge and respectful of our humanitarian and compassionate consideration of such cases around the globe. There was some progress. The bill took into account some of the concerns of organizations involved in refugee sponsorship and moved from Bill C-31 to Bill C-11 with some significant changes.

I also know that during the course of committee hearings the government heard further concerns and made a few changes. However there are some significant areas of concern that remain and need to be addressed.

The amendments before the House today attempt to do that. We tried to do our part at committee with dozens of amendments pertaining to refugee sponsorship and refugee protection that were not adopted by the government and regretfully were disregarded.

Our fundamental concern is that Canada should use this opportunity to ensure that we are fully in compliance with international conventions pertaining to refugees and torture.

The committee heard from numerous groups that are very expert and knowledgeable in this field. They told us that Canada through the bill is still not fully compliant with our international obligations.

It is a terrible shame that in 2001, at this opportune moment when we have a window to overhaul our immigration and refugee act, we are not taking advantage of this opportunity. Something with which we will have to deal over the next number of years and will remain a challenge is how we convince the government of the day to actually take these obligations seriously and act on them.

It was clearly stated to us by numerous organizations that Canada is not doing its part. The chair of the committee rose in the House today to speak about Canada's work on the international front and our role in terms of refugee protection and suggested that Canada was one of four countries that is outstanding in this regard.

First, I want to say that is not enough. Second, that account of the situation does not fully consider the advice and information we received from many groups. We were told quite clearly that we remain negligent in our duties as the Parliament of Canada and have not fully acted on the requirements.

We made some suggestions that we addressed this morning and afternoon such as the right of a refugee to make a second claim regardless of whether there were new circumstances or new information.

Despite what we have heard today, the amendments we proposed to allow second claims were not adopted and the advice was not considered. That continues to constitute a serious burden on some refugees and has a disproportionate impact on women in particular.

On that point, we were successful in convincing the government to agree with our amendment to conduct a gender analysis of the bill within two years of the proclamation of the act. That offers us some consolation and sense of fulfilment to know that at some point the government will do what it ought to have done leading up to the introduction of this bill, and that is a gender analysis. It is something the government promised would be done with respect to every bill introduced in the House. It promised there would always be a gender analysis and that it would always take into account the disproportionate impact of any law, program or policy on women.

It is clear from the advice we received during the hearings that the government did not do a thorough gender analysis of Bill C-11. Women continue to face a disproportionate impact as a result of many provisions of the bill.

One of those provisions has to do with the ability to make another claim after being turned down, regardless of whether there are new circumstances. Women are often not in a position to tell their whole story. The trauma they have experienced cannot necessarily be communicated to their families for risk of losing the family. They often cannot tell their whole story for cultural reasons. They must sometimes live in silence after a terrible and traumatic incident, with no recourse and no way of getting the attention of officials to ensure that their situation and the status of their family is recognized and that they are able to find refuge in Canada.

It was clear to us from the outset that, especially in the case of women, there had to be an opportunity to make a second claim. There had to be a way for women to tell their stories when it was appropriate and when provisions were made for keeping their stories as private as possible. We have not addressed that situation.

The government says it has made changes that make it a bit better. Yes, there are a few things that make it a bit better. However by and large we have not allowed for a genuine process whereby refugees who cannot tell their whole story or who must relive an ordeal are able to seek the attention of officials and get refugee status in Canada.

To help refugees make their stay in Canada a productive one, it is clear to us that the government must do more in terms of sponsoring and assisting groups that care for and nurture refugee families who come to Canada. There is an enormous number of groups here which give all their volunteer time, energies and resources to sponsoring refugees and refugee families from all over the world.

In my constituency one that comes to mind is the North End Sponsorship Team, otherwise known as NEST, a group that has devoted the last 15 years to sponsoring some 60 refugees and refugee families from four different continents. This organization, made up of the Lutheran and United churches, is prepared to take on high risk cases and refugees with large families. It is prepared to do the work that other groups are not always prepared to do, and its efforts need to be recognized and supported.

In a province like Manitoba, were it not for the work of the church community, private sponsorships and the provincial nominee program of the provincial government, there would be no increase in immigrants and refugees coming to our province.

That indicates the failure of federal government policy and this legislation to ensure we are able to continually attract newcomers to every part of the country and to compete internationally in attracting immigrants.

If we begin by addressing the fundamental issues of refugee status, the right to make a second claim, adequate documents and compliance with international covenants and agreements on refugees and torture, we will have done a great service. Unfortunately that is not the case as the bill stands.

I plead with members on all sides of the House, but mainly with government members who have failed to get the message, to act as soon as possible to address these concerns.

Immigration And Refugee Protection ActGovernment Orders

June 4th, 2001 / 12:25 p.m.
See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am pleased to speak to the proposed motions to amend Bill C-11, the immigration and refugee protection act.

Bill C-11 had a predecessor, namely Bill C-31, introduced during the last parliament, on April 6, 2000.

This is a bill that did not get passed in 2000 for the simple reason that the government decided to call an early election. As a result, more than 400,000 men and women in Canada or elsewhere in the world are still waiting on permanent resident status or permission to come to Canada.

The government has lost a whole year while men and women who view Quebec, for instance, as the promised land where they wish to spend their future, could have been allowed to immigrate to Canada.

The Bloc Quebecois could not disagree with the principle that it was high time to amend the immigration and refugee protection act. This bill allows men and women who qualify as good potential citizens to settle in Canada, while closing the door to all those who, for all manner of reasons, do not and would not have the ability or the right to settle here.

The minister, who described her bill as tough and intended “to close the back door to those who would abuse our generosity—so that we can open the front door wider to the immigrants”, cites fine principles, which we must support. The Bloc Quebecois supports all ideologies aimed at preventing people who are not good citizens from settling in the promised lands of Quebec and Canada.

However, those good citizens in the various parts of the world could still come and enrich our fine country, which has again set as a objective, it must be said, 300,000 new arrivals annually in order to consolidate the fabric of the community affected by the aging of the Canadian population. Canada must see immigration as promising for the future. The objective of 300,000 new arrivals Canada set for itself has never been met.

That means that its immigration policy never met projections or estimates or demands from coalitions made in the course of discussions and dealings with the stakeholders from the various sectors. Finally, it means that the objectives set by the stakeholders, expert and elite, who can represent immigration across Canada, were creditable, but I repeat, Canada has never met its objective. In 2000, barely two-thirds of the objective of 300,000 new arrivals was met. All this to say that it is time we made a major amendment to the immigration and refugee protection act.

With regard to the motions tabled by our wise member colleagues, there are three I would like to comment on. They are the motions in Group No. 2, but I would like to return to the motions in Groups Nos. 1 and 3 as well. I would, by this, like to have the members understand the ideology and philosophy that should underlie any legislative amendment to legislation as important as that on immigration.

With this bill, we should always keep in mind a fundamental principle, namely the principle of coercion, concentration and discussion that has always guided previous amendments to the Immigration Act. All the stakeholders must be given a real opportunity to discuss things together. This is why critical work was done in committee to support the amendments that were tabled regarding this bill.

Motion No. 2 tabled by the hon. member for Laval Centre deals with clause 5(4) of the bill, which would allow the governor in council to make the regulation at any time after the proposed regulation has been laid before each House of parliament. The bill does not include all the components of the important immigration host system or program. This bill does not explain all the host programs. Regulations have been and will continue to be tabled from time to time to improve this legislation.

Regulations are adopted to improve existing acts. Clause 5(4) would allow the governor in council to make or approve regulations that were tabled in the House without first having been reviewed in committee. I can only agree with the hon. member for Laval Centre on this matter. The bill was considered in committee and it has already been the object of a major debate during the last parliament, as Bill C-31.

We have trouble seeing why the governor in council is being allowed to approve regulations tabled directly in the House, without prior discussion in committee, as in the past. I therefore support Motion No. 2 moved by the member for Laval Centre.

I hope that members will understand that the purpose of legislation as important as the Immigration Act must be debated. All stakeholders, all those who have made immigration as important as it is in Canada, must be allowed to continue their work in a climate of consensus. That is the purpose.

The consensus is there. All parties in the House are agreed that they do not want bad citizens settling in Canada, but they do want Canada to reach its objective of taking in 300,000 new arrivals annually, which it has yet to do.

What we therefore need is legislation which will create a climate conducive to consensus and discussion so that immigration may play its rightful role in our society.

As for Motion No. 5, moved by the Canadian Alliance member for Surrey Central, not only must there be the consensus to which I referred in my speech on Motion No. 2, but we must ensure that bad citizens are not allowed into Canada. I think that this is a view shared by all Canadians and recognized by all parties in the House.

Paragraph 34(1)( d ) of the bill mentions:

34.(1) A permanent resident or a foreign national is inadmissible on security grounds for d ) being a danger to the security of Canada;

Obviously the word danger is open to interpretation. Our colleague from Surrey Central submits that it might be worthwhile to replace this wording with the following: d ) being a threat to the security of Canada—

Section 2 of the Canadian Security Intelligence Service Act provides a definition of threats to the security of Canada. Examples are provided, such as espionage or sabotage, foreign influenced activities within or relating to Canada that are detrimental to the interests of Canada, activities in support of acts of violence. These definitions are far more specific than the single word danger, which can lead to serious confusion.

I will close with a brief discussion of Motion No. 9 from my colleague the hon. member for Laval Centre. The purpose of her motion is to put an end to the interminable delays in processing new arrivals in Canada. As a result of these delays, the provinces often have to meet the costs of supporting people who are already on Canadian territory or, in the case of Quebec, on Quebec territory.

Hon. members must understand that all of us here in this House should support Motion No. 9, which will make it possible to reduce the long delays involved in examining people's status as immigrants to Canada.

Immigration And Refugee Protection ActGovernment Orders

June 1st, 2001 / 12:30 p.m.
See context

NDP

Pat Martin NDP Winnipeg Centre, MB

I do not think that is very flattering. It is unparliamentary at the very least. I will continue anyway. I have fairly thick skin.

The member for Winnipeg North Centre has done an admiral job at the committee to try to move amendments and improve some of the shortcomings in the bill. One of the significant changes that she put forward, which was in fact passed, was having a gender analysis done of the bill.

This is something that should happen automatically. It is in keeping with federal government policy since 1995 that for new legislation an adequate gender analysis should be conducted to review whether there is a disproportionate impact of any piece of legislation we might undertake, to review whether it affects women differently.

We succeeded in that. We had that amendment passed and I think it will improve the bill, because there are issues. When we talk about family reunification and about income requirements to sponsor family members, there is a gender factor. As we know, women make 66% of what men make. If a person's ability to sponsor a family member is to be tied to their income, then certainly we must have some sensitivity in that regard.

The one thing not addressed in the amendments at the committee stage is a shortcoming we have pointed out many times, that is, there was no mention of eliminating the right of landing fee, which we believe is one of the biggest barriers to attracting new Canadians to our shores. We have been calling for its eradication ever since it was introduced by the Liberal government, to tell the truth. We finally convinced the government to eliminate the right of landing fee for refugees, but it still stands to this day for other classes of new Canadians. In fact, we are also calling for the elimination of the administration fees that are still being charged to refugees. We were not successful in that, but we will continue in our campaign to have those charges and fees eradicated.

We also pointed out a number of shortcomings in the bill. One of the flaws we pointed out and wanted to change is that too much in this bill is left to the regulations. We were very concerned that members of the House and members of the committee would have very little input into the drafting of the regulations. It was the member for Winnipeg North Centre who moved agreement at the committee stage that the regulations would in fact be put before parliament for approval. This is huge. This is a really innovative change.

Again, I compliment the member for Winnipeg North Centre for having the foresight to bring that forward, because it was glaringly obvious to all of us who read the bill that a lot of the details that will affect the day to day operation of the immigration department will be found in the regulations and not in the act. As members of parliament we want some ability to have some say in how those regulations are crafted. With the bill, they would come before the House of Commons.

There is another thing that should have been cleared up. I appeal to the minister and the department to address it, even after Bill C-11 passes. There is very little in the former act or in Bill C-31 or Bill C-11 that helps to clear up the definitions of terrorists, criminal activity, what level of criminal we are trying to bar from entry to the country and what sort of membership and what kind of terrorist organization one must have taken part in to be barred on those grounds. The bill is very vague. It leaves far too much to the discretion of officers who may have varying ideas of how this is to be implemented.

We pointed out that if we are too absolute in barring people who may have taken part in or may have been members of terrorist agencies, if we are too strict in our enforcement of this, we could be barring people like Nelson Mandela, who was a member of the ANC, which was called a terrorist organization. Now it is called the government of the day, but at the time it was a terrorist organization that took up arms to fight for freedom.

Surely this is not the intention that the architects who drafted the bill had in mind, but it is one of the byproducts of being negligent by not being very clear about what we are seeking to achieve when we try to bar people who may have been involved in some kind of terrorist activity at some point in their lives.

Also, the smuggling of people is a very top of mind issue. I have pointed out a number of times that sometimes smuggling of people is done for humanitarian reasons, in order to get people out of harm's way, to save their lives in many senses.

The underground railway through which American slaves were smuggled was a trafficking in human beings. When we talk about cracking down on smugglers, yes, we want to stop people from exploiting people and trading in human cargo but let us keep in mind that sometimes these actions take place for humanitarian reasons. Smuggling of people can be done with the best intentions of keeping people from harm.

I appreciate being able to add my remarks on Bill C-11. We will be voting against the motion as it stands.