An Act to amend the Federal Courts Act (international promotion and protection of human rights)

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Peter Julian  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Introduced, as of Oct. 16, 2013

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Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Federal Courts Act to expressly permit persons who are not Canadian citizens to initiate tort claims based on violations of international law or treaties to which Canada is a party if the acts alleged occur outside Canada. It also sets out the manner in which the Federal Court and the Federal Court of Appeal can exercise their jurisdiction to hear and decide such claims.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Federal Courts Act
Routine Proceedings

October 5th, 2011 / 3:10 p.m.
See context

NDP

Peter Julian Burnaby—New Westminster, BC

moved for leave to introduce Bill C-323, An Act to amend the Federal Courts Act (international promotion and protection of human rights).

Mr. Speaker, I am happy to re-table my bill on corporate responsibility. This was formerly Bill C-354 in the 40th Parliament. The bill is called the international promotion and protection of human rights act.

This is an innovative bill which mirrors the U.S. alien torts claims act. It has given rise to a very healthy and ongoing debate in civil society. It has been developed in close co-operation with Nick Milanovic, who is the adjunct professor at the Department of Law at Carleton University, and Mark Rowlinson, counsel for the United Steelworkers. The bill has been endorsed by the Canadian Association of Labour Lawyers and many other civil society groups, experts and concerned Canadians.

The bill calls for extending the authority of the Federal Court system to protect foreign citizens against a broad range of human rights violations committed by Canadian and non-Canadian corporations and persons operating outside Canada. It would allow lawsuits in Canada for a host of universal human rights violations, such as genocide and torture, as well as activities that significantly destroy the environment or violate key international labour rights.

Canada's judicial system protects Canadians from abusive conduct by corporations or individuals and should no longer permit some Canadian corporations to violate human rights abroad. These continue to be committed abroad with impunity by some bad apples, some Canadian mining companies and other companies. This has an impact and, as a result, we need to ensure that we have a court system that responds to the needs of these foreign nationals.

The bill is an important step in expanding the jurisprudence to protect citizens living abroad from human rights abuses that take place. I hope the bill will get broad support from all members of Parliament.

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