Bill C-323 (Historical)

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

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.

Corporate Social Responsibility of Extractive Corporations Outside Canada Act

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I always thought that economic development, economic growth and wealth creation were not meant to be an end in themselves, but a way to provide the best quality of life to the most people. I imagine that many of my constituents agree with me, since they gave me the honour of electing me in 2011. What is good at the national level should also be good at the international level. That principle underlies what I have to say about Bill C-584, introduced by my colleague from La Pointe-de-l'Île.

We are debating an extremely important bill, and I think it needs to be passed urgently. Corporate social responsibility is, without a doubt, a central element of our diplomatic arsenal and the image that Canada projects in developing countries, especially in the extractive sector.

First of all, I want to talk about a series of key points that can help us understand why this bill is so important. More than 75% of international extractive companies have their headquarters here in Canada. Furthermore, more than 1,000 mining companies are registered on Canadian stock exchanges. Canadian mining companies invest a lot of money abroad, and there are more than 8,000 exploration properties and mining projects in a hundred or so countries.

The government has a responsibility with respect to the activities of these companies, and it must ensure that their standards and practices reflect Canada's commitments in terms of international law, human rights and environmental law. Canada's responsibility is made even greater by the fact that the countries in which the extractive companies are working are all too often struggling with chronic political instability, high levels of corruption and, sometimes, military conflicts. Sadly, some mining companies are lacking in transparency and ethics, which aggravates the political instability in these countries and does not contribute to the economic and social development of the people. As I said earlier, that is what we want to accomplish.

However, civil society has not remained unmoved in the face of all this. A round table was as created, and NGOs and mining companies have been able to work together and discuss the need to create and promote a Canadian corporate social responsibility framework. One of their main recommendations, which was very simple but also very effective, was to create an ombudsman position, which would be responsible for corporate social responsibility, or CSR. The ombudsman position is covered in this bill, introduced by my colleague, the member for La Pointe-de-l'Île.

The voluntary regulation of extractive activities is an obvious failure. In order to address human rights and environmental violations by extractive companies, the Conservative government came up with a wonderful process, a miracle solution known for its success: self-regulation. We have heard about this in many sectors, but I will not go into them. The Conservatives' approach led to the resignation of the first counsellor, Ms. Evans. Furthermore, if anyone is interested, it seems that the position is still vacant.

The Office of the Extractive Sector CSR Counsellor lacks the authority to investigate complaints and has no legal power to ensure that stakeholders participate in good faith in the arbitration process. In other words, it is a big empty shell. In short, the mandate of the Office of the Extractive Sector CSR Counsellor is setting the stage for failure insofar as mining companies committing violations are not likely to be subject to a thorough investigation or economic sanctions encouraging them to adopt best practices.

In conclusion, you might say that the counsellor did not achieve the ultimate objective she was assigned, which was to strengthen the accountability of Canadian mining companies operating abroad. The dysfunction of the Office of the Extractive Sector CSR Counsellor is leading us to introduce a more effective legislative mechanism by establishing a CSR ombudsman.

Before addressing the issue of the CSR ombudsman, I would like to give an overview of the NDP's contribution in this area. My colleague, the hon. member for Ottawa-Centre, tabled a bill to establish the duty of due diligence in respect of the activities of mining companies in the Great Lakes Region of Africa.

Under his bill, companies working in this region of Africa would have to control their supply chain from the moment the mineral is extracted until it is incorporated into the final product. The hon. member for Burnaby—New Westminster introduced a similar bill, Bill C-323, which allows 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 abroad.

Along with the bill introduced by the hon. member for La Pointe-de-l'Île, these two bills form the legislative backbone of the NDP's efforts to improve accountability and promote values such as respect for human rights and environmental standards.

Now, let us focus on the role of the ombudsman. Creating an ombudsman is a response to a recommendation made by the 2007 national roundtables on CSR and the Canadian extractive industry. I would remind the House that we are somewhere in 2014 and that there has not been much movement on that. The report was written jointly by civil society—meaning NGOs and major unions—and mining companies. The idea of creating an ombudsman is also a response to the characteristics of certain African mining sites.

In a 1992 report, the World Bank identified mining as a growth sector in the African economy. The African mining sector received foreign investment, a factor in economic development. Of course, opening up the mining sector to private investors unfortunately meant that governments withdrew their structural support.

The result of that withdrawal is that governments are no longer responsible for regulating mining activities. Instead, they focus on creating an attractive legal and tax environment for private investors. Consequently, amending mining and tax codes weakened the governments' ability to regulate.

Ghana is a perfect example. After a decade of draconian budget cuts, the government no longer has the human and financial resources to ensure that the development of the mining sector addresses the challenges posed by economic, social and environmental development.

The deregulation of the mining sector was not backed by a proper regulatory framework to support socio-economic development. Quite the opposite. The deregulation of the mining sector contributes to environmental degradation and human rights violations.

The extreme deregulation of extractive activities stalls development instead of giving local populations the kind of leg up they can and should be able to take advantage of. In Burkina, the mining code does not provide for environmental assessment during the exploration phase, nor does it give equally qualified local workers priority for employment in the mines.

A report from the Extractive Industries Transparency Initiative mentioned that financial benefits for African states following the deregulation of the mining sector were minimal. Mining companies almost all avoided paying income tax and capital gains tax. It is unacceptable that Canadian mining corporations should hinder economic development efforts in developing countries.

The CSR ombudsman would promote the institutionalization of a code of conduct for the Canadian mining sector operating abroad. The code of conduct would be based largely on standards set by the OECD and the International Finance Corporation. In addition, our proposal has the support of a broad coalition of stakeholders, including mining companies.

I still have so much to say, but I have run out of time, so I will stop there. I strongly support the bill introduced by my colleague from La Pointe-de-l'Île.

Fighting Foreign Corruption Act

[Djaouida Sellah, NDP, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, I am pleased to address Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act, to increase the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official; eliminate the facilitation payments exception to that offence; create a new offence relating to books and records and the bribing of a foreign public official or the hiding of that bribery; and establish nationality jurisdiction that would apply to all of the offences under the act.

For a long time now, members of the NDP have supported clear rules requiring Canadians and Canadian companies abroad to show transparency and accountability. This bill complements the legislative initiatives put forward by members of our party to promote responsible, sustainable, transparent business practices.

In a report published in 2011, Transparency International ranked Canada as the worst of all the G7 countries with respect to international bribery. The organization pointed out that Canada rarely, if ever, enforces its negligible anti-corruption legislation. Since then, the government has started trying to address this national embarrassment. However, since 1999, there have only been three convictions, two of them in the past two years.

By eliminating the facilitation payments exception, the bill will bring Canada’s practices into line with 36 of the 39 other OECD countries. However, while the remainder of the bill comes into effect on royal assent, the rules on facilitation payments will come into effect at an unknown later date, as cabinet wishes. In the United States, the rule on accounting records is already enforced in civil matters by the Securities and Exchange Commission. Canada has no equivalent regulatory authority, but there is a similar rule in criminal law.

The bill is of particular importance in the mining industry, where the NDP has been and is still an ardent defender of accountability. I can cite, for instance, Bill C-323 introduced by the member for Burnaby—New Westminster, which seeks to permit people who are not Canadian citizens to initiate tort claims based on violations of international obligations in Canadian courts, as well as Bill C-486 introduced by the member for Ottawa Centre, which requires companies that use minerals from the Great Lakes Region of Africa to exercise due diligence.

Canadians want our companies to be responsible and respectable representatives of Canada, and Canadian companies want clear and consistent standards for international business. The enforcement of loophole-free regulations will create a level playing field for all companies, while protecting the environment, labour and human rights, something we could all be proud of.

The news headlines concerning SNC-Lavalin are enough to convince us that this is necessary. A number of people in my extended family and some of my childhood friends in Algeria have written to me to find out whether corruption of foreign public officials is the norm in Canada. We are aware that a number of allegations of corruption are floating around the activities of SNC-Lavalin, not just in Libya, but also in Algeria. The company has even been blacklisted in Algeria, including by Sonelgaz, Algeria’s electricity utility.

Clearly, this incident was an embarrassment for Canadians. This is why Canada has a duty to adopt responsible management practices. This bill helps ensure that operations conducted by Canadian businesses abroad meet high standards, of which we can all be proud.

Under the current version of the Corruption of Foreign Public Officials Act, however, Canada exercises only territorial jurisdiction, which allows Canada to prosecute the foreign bribery offence when it is committed in whole or in part in Canada. There must be a “real and substantial link” between the offence and Canada. The fact that Canada does not exercise nationality jurisdiction in order to prosecute a Canadian for bribing a foreign public official without needing to provide evidence of a link to Canada has been the subject of negative commentary by Transparency International and by the OECD in its Phase 3 Evaluation Report. Both bodies have recommended that Canada amend its laws to exercise nationality jurisdiction over the foreign bribery offence to promote prosecution of cases under the Corruption of Foreign Public Officials Act.

The incorporation of this recommendation into the bill means that offences committed abroad are deemed to have been committed in Canada. As a result, proceedings for an offence can be commenced in any territorial division in Canada, and the provisions of the Criminal Code relating to the appearance of the accused at trial apply to the proceedings. With certain exceptions, the new provisions also provide safeguards for people who have already been tried and dealt with outside Canada for an act or omission that is deemed to have been committed inside Canada under the Corruption of Foreign Public Officials Act. This prevents people from being tried twice for the same offence, once by a court exercising jurisdiction on the basis of territory and once by a court exercising jurisdiction on the basis of nationality. Similar safeguards are already set out in the Criminal Code.

That being said, once again, as the hon. member for Outremont is fond of saying, the government needs to put its money where its mouth is both in this and in many other matters. In Canada, our inability to enforce anti-corruption laws is a source of embarrassment to the country. We are pleased that the government is finally looking into these problems, but it is deplorable that it has taken so much time and that Canada had to be condemned and discredited before the government took any action.

I would like to quote Janet Keeping from Transparency International. She said:

In our view, it is a very good thing that the Canadian government is responding to criticisms of the Corruption of Foreign Public Officials Act that have mounted over the years.... I did want to have an opportunity to say that good law on the books is really important and essential, and Transparency International Canada is behind the adoption of Bill S-14. But just as in any other country of the world, legislation is only as good as it is enforced, especially in the criminal law area.... [Keep] in mind that we must have the RCMP and the prosecution services adequately resourced to enforce the legislation.

We must therefore ensure that our excellent police officers have the resources they need to do their job. If the RCMP does not have enough staff and resources, the legislation alone will not be enough and will not meet its objectives.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, I am pleased to rise in the House to speak to Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act.

I would like to explain to those watching at home what this bill is about. It proposes four major amendments to the Corruption of Foreign Public Officials Act.

First, it increases the maximum prison sentence for bribing a foreign public official from 5 to 14 years. Next, it eliminates the exception for facilitation payments, where a foreign public official is paid to expedite the execution of his or her responsibilities. It also creates a new offence for falsifying or concealing books or records in order to bribe a foreign public official or hide that bribery. Finally, the last major amendment establishes nationality jurisdiction that would apply to all of the offences under the act, such that Canadian nationals could be prosecuted for offences committed overseas.

The bill is very important for fighting corruption despite what the Conservative MPs might think. In this debate, the Conservatives are siding with the companies that unfortunately are engaging in corruption. I am very proud to be Canadian, but when companies think they are above the law and want to engage in corruption in Canada or abroad, the NDP is here to go after them and make them pay for their crimes.

Our position on this bill is very clear. We will support it at third reading. We were a bit disappointed to see that in committee, our proposals to improve the bill did not get the attention we would have liked. There is always room for improvement, even if the Conservatives across the way do not think so and believe that everything they do is perfect. The NDP has long been in favour of clear rules requiring Canadians and Canadian companies working abroad to be transparent and accountable. The bill builds on the legislative initiatives put forward by NDP members with the goal of promoting responsible, sustainable, transparent management practices.

Canada's deficiencies in enforcing anti-corruption laws are embarrassing. However, it comes as no surprise since our government likes to stick with corrupt and unethical people. It is no wonder that under the Conservatives', under this Prime Minister, our country has leaned toward corruption.

As members of the New Democratic Party of Canada, we are glad that the government is finally doing something about this problem, but it is disgraceful that it took so long and that Canada had to be criticized and discredited for the government to do anything about this. Later I will get into the types of criticisms our international allies were making.

Canadians want the companies that are representing Canada to do so in a responsible and respectable manner, and Canadian companies want clear and consistent standards when it comes to international trade. Enforcing rules without loopholes will level the playing field for all companies and protect the environment, labour and human rights, something we could all be proud of.

I would like to provide some background and talk about the criticism of our international allies. In a report released in 2011, Transparency International ranked Canada as the worst of all the G7 countries with respect to international bribery. The organization pointed out that Canada rarely, if ever, enforces its negligible anti-corruption legislation. Since then, the government has been working on resolving the problem. However, since 1999, there have been only three convictions, two of the them in the past two years.

The bill is of particular importance for the mining industry, where the NDP has been and continues to be a strong advocate for accountability. Take, for example, Bill C-323 sponsored by the NDP member for Burnaby—New Westminster, which would permit persons who are not Canadian citizens to initiate legal action based on violations of international law in Canadian courts, and also Bill C-486, sponsored by the NDP member for Ottawa Centre, which requires companies that use minerals from the Great Lakes Region of Africa to exercise due diligence.

It is clear that the NDP stands up for people abused abroad and for justice. We expect Canadian companies to have good standards. We are always disappointed when we learn that Canadian companies are involved in corruption.

The political elite that benefits from corruption, particularly in countries and industries where corruption is rife, is made up primarily of men. Men will try to get away with whatever they can. Unfortunately, that is why we should never expect people and companies, even Canadians, to always do the right thing. Protocols must be put in place to ensure that everyone, individuals and companies alike, does their part by obeying Canadian and international laws.

At the same time, it is primarily women who lack government protection. That is why the NDP is very proud to be listening to women across the country. This is also why we are always actively looking to engage women during elections and consultations. We believe in the principle of equality, unlike certain other parties that prefer women to be a minority in their party.

I would like to talk about some numbers and facts that people at home might find interesting. Earlier, I mentioned that there have been three bribery convictions, and I would like to talk about that some more.

Since the Corruption of Foreign Public Officials Act was enacted in 1999, there have been three convictions. Hydroclean Group was fined $25,000 in January 2005 for bribing an American immigration official at the Calgary airport. Niko Resources Ltd. was fined $9.5 million in June 2011 because its subsidiary in Bangladesh paid the moving and housing costs of Bangladesh's then-minister of energy and natural resources. Finally, the third conviction involved Griffith Energy International Inc., which was fined $10.3 million in January 2013 for agreeing to pay $2 million to the wife of Chad’s ambassador to Canada and to allow her and two other individuals to buy shares at a reduced cost in exchange for support for an oil and gas project in Chad.

Naturally, I hope that the Conservatives will condemn these acts and continue to flush out other companies or individuals involved in bribery. It tarnishes our international reputation. The Conservative government has done enough to tarnish it over the past seven years. This needs to stop.

Transparency International's 2011 bribe payers index ranks the oil and gas industry fourth and the mining industry fifth in the list of sectors most likely to engage in bribery. In addition, the mining and oil and gas industries are ranked second and third in the list of sectors most likely to give major bribes to high-level public officials and politicians. Bill S-14 is particularly relevant to those sectors.

To conclude, I would say that, unlike the Conservatives, the NDP is listening to the people. When the business sector tells us that Canadian companies want clear, consistent international business standards, we listen. Enforcing regulations that are free of loopholes will level the playing field for all companies.

In addition, the NDP is listening to environmental groups and task forces that want to ensure that local communities are not abused in the course of development.

Finally, we are listening to international stakeholders to ensure that Canadian companies have sound, responsible management practices.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I was in the process of commenting on the source of this legislation being the Senate and the enormous legitimacy deficit that exists in the Senate. I think that is historical, but it is particularly acute these days. In particular, the Senate really is in no position to be issuing bills on the issue of corruption, mired as it is in scandals of exactly that nature.

That said, irrespective of the source and as unfortunate as the source of this legislation is, we remain prepared to support the bill. One of the central reasons for doing so is found in the legislative history of members of this party in the House. We have long supported clear rules requiring transparency and accountability by Canadian individuals and corporations overseas.

The bill complements legislative efforts by NDP MPs to encourage responsible, sustainable and transparent management practices. I speak specifically of Bill C-323, put forward by the member for Burnaby—New Westminster, which would allow lawsuits in Canadian courts by non-Canadians for violations of international obligations, and Bill C-486, from the member for Ottawa Centre, which would require public due diligence by companies using minerals from the Great Lakes Region of Africa. These bills reflect the history of our party. They reflect a respect for the democratic aspirations of people in other countries and a respect for their aspirations for better labour standards and a healthier and safer environment.

We understand that effective environmental and labour standards in developing countries often depend on advocacy and activism by local populations, and it is very difficult for local people to hold their governments to account when the government has secret sources of revenue that remove the financial incentive to be accountable in the first place.

We support this legislation as well because the lack of anti-bribery enforcement in Canada has been a national embarrassment to us. I will skip to my conclusion on this point of the national embarrassment over the lack of legislation.

It is worth pointing out that in spite of our support for this bill, it is in effect totally underwhelming. One is left asking, is that all there is?

When the parliamentary secretary points to the openness of our country to international trade and puts forward this legislation as the solution to dealing with corruption issues in such an open and global environment, when Canadians take such pride in and value so highly our reputation on the international scene, the question of why the government always seems to aim so low arises. Why can the government not aspire to a leadership role, one that Canadians could justly take pride in? If it is worth putting forward such legislation, and we certainly believe it is, why not set new and higher standards internationally to ensure that Canadians overseas conduct their affairs to the highest levels of transparency and ethics?

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill S-14, an act to amend the Corruption of Foreign Public Officials Act, and as we are debating this at second reading, it still has to go to committee.

I have listened with interest to the debate in the House today. It appears that all parties will be supporting this bill. We are debating it in principle but, nevertheless, it is important for us to go through the bill to examine it, as we should all legislation, and then it will go to committee.

I want to begin by saying that these last few weeks in the House have been particularly difficult because the government has used time allocation, a form of closure, I think 47 times, if I am keeping the tab correctly. It is really quite incredible that so much legislation has been rushed through.

We serve our constituents in this place. We do our work in the constituency, but our role in this House is due diligence in examining legislation and going through it. Even if we are going to support it, we have to go through it. That is part of holding the government to account in our parliamentary democracy, so it is very disturbing that we see the pattern over and over again. It has become routine. Other colleagues in the House have commented earlier that bills are now pro forma. We are expected to have a couple of hours of debate and take a cursory look, and then there is a time allocation for going through committee, report stage, and third reading. It is all established by timelines.

As members well know, that is not the way to do parliamentary business.

I wanted to begin my remarks with that because, as someone who has been around here a few years, I have watched the erosion of parliamentary and democratic practice in this House.

I can almost hear the voice of Bill Blaikie in my head, the former member for Winnipeg—Transcona. He was one of those folks in this place who had the long-term memory to know what had changed over the years. When change happens incrementally, just a little snippet at a time, it is difficult to get that overview. I think it would be useful one day to have that overview and to actually look at how much certain practices have changed in the House, say, from 10 years ago or 20 years ago. I think we would all be quite shocked, actually, no matter what matter party we belong to.

In any event, we are debating this particular bill today.

I want to begin by saying, as others have remarked today, that the bill is long overdue. Canada has, really, an embarrassing record on corruption overseas, in terms of lack of legislation.

As many have pointed out today, Transparency International, a very credible organization that monitors corruption and bribery in terms of what happens in different places in the world, in its 2011 report, ranked Canada as the worst of all the G7 countries with regard to international bribery. It pointed out that we had little or no enforcement, based upon the very minimal legislation we had.

There is no question that this is absolutely long overdue. It begs this question. Why does it take so long?

We look at the legislative agenda and look at all of the little boutique bills that come through on the Criminal Code, when they do not need to happen. Why has it taken so many years for something as major as this, which would deal with crime and corruption? Why has it taken so many years for anything to come forward? Where is the balance here? Where are the priorities? We are sort of pulling apart the Criminal Code clause by clause and adding in more mandatory minimum sentences. We have had so many Conservative backbencher bills. Yet, with something as major as this, in terms of Canada's role in the international community, we are hauled on the carpet by an organization that monitors international bribery and corruption, which has said, “You guys have got a pretty bad record; in fact you're basically the worst of all of the highly industrialized countries”. This is an embarrassment.

Further, there have only been three convictions in the last number of years, in fact, since 1999, and two of those were in the last two years. This is a pretty appalling record.

Suffice it to say I am glad, at least, that we are debating this bill today. At least the bill would take some steps.

Just to focus for a moment on what this bill would do, for those who are watching the debate, there would be four main changes to the Corruption of Foreign Public Officials Act. One of them would be to increase the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official from five to fourteen years. That is a fairly significant change.

The second change in the bill would eliminate an exception that had been in operation for what is called facilitation payments, where foreign officials are paid to expedite the execution of their responsibilities. I will come back to this, because there are some concerns about it. While we agree that this exception should be eliminated, we have to examine the impact of that, for example, on NGOs that are operating in extremely difficult circumstances in political environments that are very risky and where they have to provide payments to get essential emergency humanitarian goods through—for example, going through police checkpoints. One does have to find that balance.

Third, the bill would create a new offence for falsifying or concealing books or records in order to bribe or conceal bribery of a foreign official. This is a very important change in terms of ensuring that transparency goes right the way down the line.

Finally, the bill would establish a nationality jurisdiction that would apply to all of the offences under the act. What this means is that Canadian nationals could be prosecuted for offences that are committed overseas. Again, that is a very important measure.

I want to say very clearly that New Democrats have long supported clear rules that require transparency and accountability by both Canadian individuals and corporations overseas. In fact, the NDP has had a number of bills in this regard. One of my colleagues, the member for Burnaby—New Westminster, had Bill C-323, which would allow lawsuits in Canadian courts by non-Canadians for violations of international obligations. The member for Ottawa Centre had Bill C-486, which would require public due diligence by companies using minerals in the Great Lakes region of Africa.

These are very important issues for Canadians, because we know that the extraction industry in Canada and the way it operates overseas is a major business concern. The way those companies do business is something of great concern to Canadians in terms of ethical practices. We have seen many movements here in Canada, including NGOs, the labour movement and individual citizens who have made sure they became active on this issue.

I want to point out something about a bill we voted on not that long ago, Bill C-300, which was a Liberal member's bill. When I raised transparency in the debate, the Liberal member for Charlottetown who replied to me pointed to Bill C-300 as another attempt to bring about better transparency and corporate accountability in foreign practices.

What is really interesting, and I am sure many members here will remember, is that it was defeated in part because 13 Liberal members voted against it. I remember the bill when it came up. There was intense advocacy for the bill from major NGOs across the country. They did an incredible job. The bill itself was very reasonable. It laid out basic standards for practice. However, there was, of course, a lobby against the bill. It was really quite shocking that 13 Liberal members voting against the bill resulted in the bill being defeated by a mere 6 votes.

We actually did come close to having that bill go through the House of Commons. I know that many of the organizations and individuals that had supported the bill were quite shocked that it had been defeated and were hugely disappointed about the amount of energy, time and effort that had gone into it.

It was a wonderful example of how Canadians look beyond their own border, look globally to see what Canada is doing. They had paid great attention to the need for Canadian corporations, companies and businesses to be accountable, to engage in ethical practices and to ensure there is not bribery and exploitative practices taking place in terms of labour rights or the environment.

These are things Canadians are actually very concerned about. I always feel very inspired when I see these organizations and people, whether they are putting out petitions or sending us emails. People really care about what we do in other parts of the world. We care about whether or not people are being exploited.

Just a little while ago, my colleague from Ottawa Centre talked about the situation in Bangladesh. I saw the story too, last night on CBC, and it is gut-wrenching and it makes us want to jump up and ask what we have to do to make sure these kinds of terrible, appalling conditions no longer exist.

We are talking about thousands of people who lose their lives because they work in terrible conditions where safety is disregarded, where people are not paid decent wages. If we layer on top of that all of the bribery and corruption that goes on, this is a multi-billion dollar business in terms of corruption and unethical practices.

I do not think the bill before us would address all of that, so the other bills we have before the House, particularly from the NDP members that I mentioned, are critical to ensuring there is a comprehensive approach to the way we are dealing with this situation.

We do have some concerns about the bill, which I would like to put on the record. assuming that the bill does get referred to committee. Because the bill would amend the definition of a business to now include not-for-profit organizations, we believe that this should be studied very closely at committee, and obviously witnesses need to be brought in to look at the impact of this particular change on charitable and aid organizations. As I mentioned earlier, the reality is that those organizations do sometimes, out of sheer necessity, have to make payments to expedite or achieve delivery of very essential items and humanitarian goods. This is something that is out there in the real world.

The bill is really tackling corruption and bribery, from the point of view that money is being made, money is being put in people's pockets and officials at embassies and so on are being bribed. That is what we are trying to get at, so I think we have to be very careful that we do not, by consequence, lay down a rule that could actually have a negative impact on organizations that are legitimately and in good faith trying to do very important work in some of these global areas where there is political, military and civil conflict going on. To make sure that kind of aid is delivered in a proper way is very important. We are hoping this issue would be examined more closely at committee.

The second item we think needs further examination is that the committee should also study the consequences of establishing an indictable offence punishable by up to 14 years in prison, because once 14 years is reached, it is actually the threshold at which conditional or absolute discharges of conditional sentences become impossible. It is obviously a much more serious penalty, and the committee, when it receives the bill, should examine that very carefully to make sure there is a balance in terms of our judicial system and conditional sentencing or the question of absolute discharges.

It is easy to make a blanket case, and again we have seen that so often with the Conservative government. It tends to make harsh, blanket rules that do not allow for discretion within our court system. Our court system has a history and a tradition of allowing judicial discretion, so judges can actually examine individual cases and the circumstances that warrant a harsher or a more lenient approach. That is what balance in the judicial system is about.

Therefore, one has to be very careful that in bringing forward new legislation we do not tip that balance and create a system that becomes so rigid that it becomes counterproductive. As the penalty is so harsh, people could end up pleading not guilty more frequently, or prosecutors may even be more reluctant to bring forward charges. There could be unintended consequences of having penalties that are so harsh. This is an issue that we think should be looked at in the bill. We support, in principle, the penalty being increased and the sentencing threshold being increased. However, we have to look more carefully at whether 14 years is the right cut-off.

Finally, in terms of changes that we think need to be looked at, there is the question of the rule on the facilitation payments that I spoke about earlier. We need to figure out how it impacts NGOs and non-profits. That issue would not be part of royal assent but rather would be under the consideration of cabinet, which is in the current text. That one aspect of the bill, if this bill were passed as is, would not go ahead with the rest of the bill. Therefore, that has to be examined. We need to know the reason that is being put aside. The discussion on the facilitation payments as they would impact NGOs might help inform that debate, but it is something we need to look at.

I also want to talk briefly about more current situations. We heard today from the member for Ottawa Centre, who updated the House on a communiqué he had received from the G8 that is currently taking place. It was quite interesting. He pointed out that in this communiqué the issues of corruption and transparency were quite prominent. His point was that we need to know that our own government is committed, not only to the words in these communiqués, but that it is actually going to follow up. I thought the member used a very good example when he spoke about international treaties that we sign for which there is no follow-up.

The example he used was Bill S-10 that was rushed through this House a few days ago, on cluster munitions. I was one of the people who spoke to that bill. The member pointed out very clearly in the debate on that bill that the NDP believes Bill S-10 would actually undermine the very international treaty that it is meant to be following up. The point is that when these communiqués come out and these commitments are made in places like the G8, we need to know they are actually going to be followed up. We need to know that those commitments mean something.

Again, we get back to this particular bill, Bill S-14, that has taken so long to come forward. Why has it taken so long? Why is there not a greater priority and emphasis on these kinds of bills? In the G8 communiqué, among the issues that were flagged, was the need to have greater transparency and a public registry.

The member for Ottawa Centre told us that one of the proposals is the need for a regime whereby companies would not be able to set up a shell company. Even if there is good legislation, if enforcement is to be taken on issues of bribery and corruption, it is very difficult. There could be a lack of political will, as I have just spoken about, or it could be that they are trying to figure out who the operatives are in a particular company. There is the idea of a public registry and the need for better transparency, as well as the notion that we should not allow elaborate legal complexities for the setting up of shell companies that in effect allow individuals and operatives to hide behind other entities. That makes it much more difficult to figure out who is doing what and where enforcement should be applied.

That is a very significant issue, and it is not covered in the bill, so it does show us that the bill does not go far enough. I think that was the member's point this morning.

Nevertheless, we are supporting the bill at second reading. We will pay great attention to it in committee. We will seek to improve the bill so that it lives up to its spirit and intent, which is ensuring that we tackle bribery and corruption by public officials in other countries.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, we are very pleased that this bill was introduced, but it is disappointing that it came from the Senate.

Last year, other bills on the same topic were rejected. Now, a door has opened. This bill addresses corruption of foreign public officials. The NDP is in favour of clear rules requiring that Canadians and Canadian businesses abroad be accountable and responsible.

We will support this bill so that it can be sent to committee. However, there needs to be some ambition here. This bill is lacking many components that would implement basic standards to ensure that companies doing business overseas respect human rights and are congenial. Those standards would allow Canada to become a model country in doing business overseas.

During a Senate committee meeting on February 28, 2013, the Minister of Foreign Affairs said the following:

...our government's priority is encouraging jobs, growth and long-term prosperity...It is reflected in the need to position Canada as a reliable supplier of resources which emerging markets need to grow...

We need to position our country as a reliable resource. We need to be a model country, but there is still work to be done in that regard. I would like to talk about what is happening with certain Canadian countries abroad. I will just give a few examples.

We sometimes think that things are wonderful everywhere. We talk about corruption elsewhere without looking in our own back yard. For example, there are Canadian public servants who receive bribes. Turn on the television and you might be shocked to see what is happening here in Canada.

There have been some examples on television, on the CBC. For example, the RCMP investigated a Canadian mining company's activities in Mexico. The story did not end well. The people in the concerned area in Mexico did not want the Canadian mining company, Blackfire, to set up shop in Chiapas, and that resulted in criminal activity.

In March 2010, the coalition MiningWatch Canada informed the RCMP and provided proof that money had been paid to the mayor of Chicomuselo. However, nothing really came of it because the RCMP also needs the means to investigate. Bills are great, but it is hard if there is no money to implement them.

Finally, the Mexican spokesperson in this story was killed. No one knows who killed him, but he was a harsh critic of a Canadian company. The company was accused of killing him, but no one could prove it. It is odd that this man, who fought to defend his land and ensure that the mining company conducted its business properly, got himself killed. That gives us food for thought. Just go to Radio-Canada for the source.

As far as Guatemala is concerned, last year we welcomed a group of people who came to talk to us about the way Canadian companies operate in these countries. They were talking about the involvement of security staff from Canadian companies in recent acts of violence that could result in civil suits.

I am talking about Tahoe Resources, a Vancouver-based company. This company sets up in a region without consulting the people who live there, those who will have to live with the impact of its activities on the environment and the water they consume.

These Canadian companies are giving us a bad name because the people are not going to say it was the Canadian company's fault; they are going to blame Canadians. We have to be careful. Yes, it is a matter of corruption, but the problem is even broader than that. We have to be more ambitious and draft a bill to crack down on offending companies.

Tahoe Resources' project heightened the conflicts in the region. Civilian security officers came down on the community and hurt people, some seriously. We do not want that. We want good relations.

As members said earlier, our government's priority is to promote jobs, growth and long-term prosperity, but not by destroying our neighbouring countries. I have another example: the police search of SNC-Lavalin.

Nonetheless, I will close on a note of hope. Earlier, one of my colleagues was talking about Pascua-Lama in Chile. This is another Canadian company. The local people demonstrated for months, but the company kept operating. The same people went to court and won. The government had no choice. It had to put an end to the activities of the Canadian company. The company was unable to set up there because it had no consideration for the local people.

This brings me to another point. In Spanish we say that we must have un acuerdo social, une licencia sociale. We must get along socially. It is similar to a driver's licence, but it is social license. It means that these companies, except for the corruption issue, are very honest. That is what we hear. They must consult people and explain to them how their mining activities may affect their lives. Before doing anything, they must secure social license. Otherwise, this leads to conflicts in the country, and they do not want that.

We signed free trade agreements with these countries and we do not want to create problems there. We want wealth for both sides.

In Chile, a court ruling forced one of the largest gold companies in Latin America, the Pascua-Lama mine, to stop all its activities. The Chilean justice felt that the project did not meet environmental standards. It is a good thing the country had some environmental standards. In the end, the company will not leave. It is now negotiating to resume its activities next year. That is great. We should not expect this to happen overnight.

This is a good bill and the NDP will support it, but we must go further. We must be more ambitious. Canada has an opportunity to be a role model. For a long time, the United States was always mentioned as a role model. If Canada creates jobs, if it establishes mines elsewhere, if it develops a policy with a minimum of social agreements that respect people's way of life—and not just the environment—it may become a role model, and other countries will open their doors to us. We will be proud of what we will be doing abroad.

The bill is particularly important for the mining industry, of which the NDP is a strong supporter. In the past, Bills C-323 and C-486 were not passed. The time has come to retrieve them and to read them. Then, perhaps members opposite will realize that we were not so wrong and that the NDP was right on target, because it was able to look a little further, instead of thinking only about the money going into the companies' pockets. Moreover, these companies often do not even pay taxes in the countries where they settle.

I invite all hon. members to be more ambitious and to dream of a country that can behave like a good big brother and be a role model. This is a start, but it is not the end. We must go further.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I will be sharing my time with my hon. colleague from LaSalle—Émard.

I am pleased to speak to Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act.

In looking at this bill, and given the record of the government, I find myself yearning to have a companion bill introduced in the House that would be entitled, “an act to amend the corruption of domestic public officials act”. There is a whole host of things we could be dealing with.

In terms of domestic corruption, we could be trying to deal with $90,000 payments to senators made by officials in the Prime Minister's Office allegedly to cover up illegal activity. We could be investigating Canadian senators fraudulently claiming housing and living expenses. We could be looking into people like Arthur Porter, another Conservative and a former appointment made by the Prime Minister to the CSIS oversight board, who apparently helped himself to millions of taxpayer dollars in Montreal and fled to South America. We could be looking into Conservative candidates like Peter Penashue, who spent over the election limits and effectively bought his seat by cheating. We could be looking into robocalls where the Conservative database was used to commit election fraud. Then we watched the Conservative Party try to obscure things and fight against any attempt to bring transparency into that procedure.

There is domestic corruption of public officials galore with the Conservative government. I look forward to the government introducing a bill that would attack corruption and finally clean up politics in this House for Canadians, but unfortunately, that is not the bill before us. We are dealing with foreign public officials.

The NDP, being a party that stands for ethics and transparency in Canadian politics, is proud to support this bill for referral to committee.

This bill makes four main changes to the Corruption of Foreign Public Officials Act. First, it increases the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official from 5 to 14 years. Second, it eliminates an exception for so-called facilitation payments—there is a euphemism if I have ever seen one—where a foreign official is paid to expedite the execution of their responsibilities. The government calls it a facilitation payment, but I call it a bribe. Third, the bill creates a new offence for falsifying or concealing books or records in order to bribe or conceal bribery of a foreign official. Fourth, it establishes a nationality jurisdiction that would apply to all of the offences under the act, such that Canadian nationals could be prosecuted for offences committed overseas.

Again, New Democrats have long supported clear rules requiring transparency and accountability by Canadian individuals and corporations overseas, which usually have been opposed by the Conservatives, unfortunately. This bill complements legislative efforts by New Democrat MPs to encourage responsible, sustainable, and transparent management practices.

In Canada, our inability to enforce anti-corruption laws is a source of embarrassment to the country. We are pleased that the government is finally looking into these problems, but it is deplorable that it has taken so much time and that Canada had to be condemned and discredited before the government took any action.

Canadians want Canadian companies to be successful and responsible representatives of Canada. We want Canadian companies to have clear and consistent standards for international business. Enforced loophole-free regulations would create a level playing field for all companies while ensuring environmental, labour and human rights protection of which we all can be proud.

In a 2011 report, Transparency International ranked Canada as the worst of all G7 countries with regarding to international bribery, with “little or no enforcement” of the scant legislation that exists. Since then the government has been responding to this national embarrassment. However, there have only been three convictions since 1999, two of which were in the last two years. I would like the government to get tough on corruption. When there have been only three convictions since 1999, that is hardly being tough.

By repealing the facilitations exception, this bill would bring Canada into line with the practices in 36 of 39 other OECD countries. However, while the rest of the bill would come into effect at royal assent, the rules on facilitation payments would take effect at an unknown future date at the will of cabinet.

The books and records rule is already being enforced in the United States at the civil level by the Securities and Exchange Commission, but Canada has no equivalent regulator. While criminal law achieves the same effect, we should be increasing our efforts in this regard.

This bill is particularly relevant to the extractive industry, where the NDP has been and remains the strongest advocate for accountability in the House. Examples include my hon. colleague from Burnaby—New Westminster's Bill C-323 as it then was, which would allow lawsuits in Canadian courts by non-Canadians for violations of international obligations; and my colleague from Ottawa Centre's Bill C-486, requiring public due diligence by companies using minerals from the Great Lakes Region of Africa.

I point out that the mining bill was opposed by the Conservative government and 13 Liberals failed to show up for the vote, which led to the narrow defeat of that bill by six votes. Again, Canadians can only count on the New Democrats to bring corporate social responsibility of Canadian mining companies into international normative standards in the House.

The political elites that profit from corruption, particularly in those countries and sectors where corruption is most problematic, consist mainly of men. At the same time, it is primarily women who lack government protection.

While we support the bill for referral to committee, we do have some concerns. It would amend the definition of a “business” to include not-for-profit organizations. The New Democrats believe this clause should be carefully studied at committee, in relation to its impact on charitable and aid organizations, which may, in the world we live in, have to make occasional payments in order to expedite or achieve delivery of essential assistance. We must take great care around that.

The committee should also study the consequences of establishing an indictable offence, punishable by up to 14 years in prison, as this is the threshold at which conditional or absolute discharges or conditional sentences become impossible.

Finally, the committee should study whether the rule on facilitation payment should take effect at the whim of cabinet, as is in the current text of the bill, rather than when ordered by Parliament.

Here are some key facts and figures to consider.

There have been three convictions, as I have mentioned, under Canada's foreign bribery law since it took effect in 1999: Hydro Kleen Group was fined $25,000 in 2005 for bribing a U.S. immigration officer at the Calgary airport; Niko Resources was fined $9.5 million in June 2011 because its subsidiary in Bangladesh paid for a vehicle and travel expenses for the former Blangladeshi state minister for energy and mineral resources; and, Griffiths Energy International was fined $10 million in January of this year, after it agreed to pay $2 million to the wife of Chad's ambassador to Canada and allowed her and two others to buy shares at discounted prices in exchange for supporting an oil and gas project in Chad.

We all are watching the newspapers as we see the difficulties that SNC-Lavalin has got itself into in terms of allegedly paying bribes to foreign officials to secure contracts abroad, in the millions of dollars.

The Transparency International Bribe Payers Index in 2011 ranked the oil and gas and mining industries as the fourth and fifth most likely sectors to issue bribes. This should be of great concern to Canadians because Canada is a world centre for mining and oil and gas industries and companies. These companies, among all sectors as stakeholders, should want to establish very clean, high-level regulations and rules regarding acceptable corporate conduct. Moreover, the mining and oil and gas industries are the second and third most likely to engage in grand bribery targeting of high-ranking officials and politicians. This makes a bill like Bill S-14 especially important in these sectors.

The fact that the government does not enforce the anti-corruption laws is a national shame. We are pleased that it is finally paying attention to these problems. It is nevertheless deplorable that it has taken so much time, and that Canada had to be condemned and discredited before the government took any action.

For business, for the environment and labour and for Canada's international reputation, we urge that this bill go through Parliament and I urge the Conservatives to make the amendments necessary to get the support of all parties in the House.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, once again, I feel a bit sick as I rise in the House to debate a bill that has come from the Senate.

I will echo my colleague’s remarks by saying that the government has no reason to be proud of itself right now. It did not even act; it was the Senate that did so. If the Senate had not decided to introduce this bill, would the government have adopted measures such as these? I very much doubt it.

The bill comes from an unelected and undemocratic chamber, and, as we know, that chamber has been in the headlines in recent weeks as a result of corruption-related scandals. In my view, it is ironic to talk about corruption when the bill comes from the Senate. Some senators are currently under investigation by the RCMP, but that is another matter.

The bill stems from the report published by Transparency International, which ranked the Canadian mining and oil and gas industries second and third among sectors in which acts of corruption are most likely to be committed. This is rather important for a country such as Canada, which has between 75% and 80% of all global mining exploration and extraction companies. If that industry ranks second or third for acts of corruption, and Canada has approximately 80% of all those companies, that means the bill is crucial for Canada.

Canada has more extraction companies than any other country in the world. It often makes the headlines as a result of acts of corruption, human rights violations and breaches of environmental standards. Consequently, I think it is essential for us to take action. I am pleased to rise in the House to say that the NDP will support the bill so that it is referred to committee.

It is important to note that, in its report, Transparency International ranked Canada last among the G7 countries in combating corruption. It is important to say that. The government needs to realize that it is time to take action. Since 1999, there have been only three convictions under acts passed to combat corruption. It is true that the legislation was in force, but it was barely complied with and barely enforced. This bill is therefore extremely important. It is time for the government to open its eyes and do something to combat corruption.

The Conservatives themselves have fallen victim to scandals, and it is time to act. If they want to show their good faith, let them act today.

The NDP has always supported corporate social responsibility. For example, my colleague from Burnaby—New Westminster introduced Bill C-323, which would permit persons who are not Canadian citizens to initiate tort claims based on violations of Canada's international obligations. My colleague from Ottawa Centre also introduced Bill C-486, which requires companies using minerals originating in the Great Lakes Region of Africa, a highly unstable region that has suffered many conflicts, to exercise due diligence and comply with OECD standards respecting conflict minerals.

The bill will support all the New Democratic Party's initiatives to ensure that Canada's private and public sector representatives comply with Canadian legislation. The criteria that Canada is required to meet must also be met by Canada's international representatives.

Consider, for example, the recent events in Bangladesh, where the death toll is unfortunately rising every day and now stands at more than 1,000. That event has shed light on the problems of businesses operating internationally, whether they come from Canada or any other country. Deficiencies in the enforcement of anti-corruption legislation in Canada are extremely numerous. Non-governmental organizations single us out in reports and criticize our international activities, and I hope that all members of Parliament are as embarrassed about that as I am.

As I know from speaking to many of them, Canadians want our businesses to represent Canada in a respectable, transparent and responsible manner and to have clear, coherent international business standards. It is important for Parliament to let those companies do business but also to provide them with a clear, coherent framework so they know what to expect when they do business internationally.

Enforcing loophole-free regulations will therefore level the playing field for all companies, while protecting the environment, employment and human rights, something that we can be proud of. For example, the bill will bring Canada's rules and criteria in line with those of 36 of the 39 OECD member countries. It was time that happened. Our standards and practices had not been consistent with those of the majority of OECD member countries since 1999. This bill will help harmonize regulations.

However, the payment rules will come into force only when cabinet wishes. This part of the bill should come in for particular scrutiny when examined in committee. Cabinet should not be responsible for deciding when an act comes into force. If this bill is passed by Parliament, it should come into force immediately.

Environmental and labour standards, for example, are not always effective in developing countries. They often vary with the freedom of expression and demands of the local populations. It is therefore difficult for populations to call for government accountability when revenues are low. If we as Canadians want to invest in other countries, we must set an example. Accountability is important.

Canada's international leadership is vastly undermined by all the Canadian companies involved in corruption scandals. I could name several in South America, Asia and Papua New Guinea. It is time to take action and restore Canada's international image.

The addition of a national jurisdiction based on the nationality of businesses is also very important. This standard is recognized in international law. Businesses that have their headquarters and operations in a country are considered as having the nationality of that country. This therefore obviates the need for investigators to establish connections or find evidence of the offence committed in Canada. An offence may have been committed entirely outside the country, hence the importance of creating this nationality jurisdiction, which will enable investigators to bring people who commit crimes to justice.

It is therefore very important for Canada to ensure that Canadian businesses abide by international standards and respect human rights and that they not be corrupt.

I look forward to my colleagues' questions.

[Alex Atamanenko, NDP, British Columbia Southern Interior, BC]

Mr. Speaker, I am splitting my time with the member for La Pointe-de-l'Île.

It is always a pleasure to be in a full house. Everyone has flocked to the House of Commons to hear my speech tonight.

This bill is a start. Obviously, New Democrats recommend that the bill go to committee so it can be analyzed, witnesses can be brought in, some of the points ironed out, and hopefully make the bill stronger.

There are four main changes to the Corruption of Foreign Public Officials Act contained in the bill. It increases the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official from 5 to 14 years. It eliminates the exception for so-called facilitation payments where a foreign official is paid to expedite the execution of his or her responsibilities. It creates a new offence for falsifying or concealing books or records in order to conceal bribery of a foreign official. It establishes a national jurisdiction that would apply to all of the offences under the act, such that Canadian nationals could be prosecuted for offences committed overseas.

One of the issues the committee might want to look at is how this would affect various groups and NGOs overseas that are trying to function in a country in which corruption is everywhere. We have seen films in which people are trying to advance through checkpoints and through no fault of their own, they have to pay bribes at illegal roadblocks or whatever, in order to deliver the aid. This bill would certainly tighten up the reaction to that corruption. I am wondering how we would address that situation. Obviously, a strong message would have to be sent to the government of that particular country. I am sure the committee will be looking at that.

There are a couple of points I want to emphasize. One is that we have long supported clear rules requiring transparency and accountability by Canadian individuals and corporations overseas. This bill complements legislative efforts by NDP MPs to encourage responsible, sustainable, and transparent management practices. We acknowledge that the lack of enforcement in Canada with respect to bribery can be considered, to an extent, a national embarrassment. We are pleased that the government is finally responding to this problem. It took a long time, but at least we are on the right track.

Most Canadians want our companies to be successful and responsible representatives of Canada. Canadian companies want clear and consistent standards for international business. In other words, why would we allow an official of a Canadian multinational to act differently in another country than we would allow here? That is what this bill is trying to enforce. We need to enforce loophole-free regulations that will create a level playing field for all companies while ensuring environmental, labour, and human rights protection of which we can all be proud in this country.

We have certain values and standards in this country when we deal with each other. We need to ensure that when we are doing business in other countries, we apply the same values and standards. That is one of the points this bill is driving at.

In a report released in 2011, Transparency International ranked Canada as the worst of all the G7 countries with respect to international bribery. I say this is disgraceful. The organization pointed out that Canada rarely, if ever, enforces its negligible anti-corruption legislation.

Since then, the government has started trying to address this national embarrassment. However, since 1999, there have only been three convictions, two of them in the past two years. When I read that, I was surprised. It seems that we should be in first place with regard to corruption and our fight against corruption.

By eliminating the facilitation payments exception, the bill will bring Canada’s practices in line with 36 of the 39 other OECD countries. That is a good idea.

However, while the rest of the bill comes into effect on royal assent, the rules on facilitation payments will come into effect at an unknown later date, as cabinet wishes.

I am wondering about this point and I hope we will discuss the bill’s mechanism in more detail in committee.

In the United States, the rule on accounting records is already used in civil matters by the Securities and Exchange Commission. Canada has no equivalent regulatory authority, but there is a similar rule in criminal law.

I would also like to point out that the bill is of particular importance for the mining industry, where the NDP has been and is still an ardent defender of accountability. I can cite, for instance, Bill C-323 from the member for Burnaby—New Westminster, which seeks to permit people who are not Canadian citizens to initiate tort claims based on violations of international obligations in Canadian courts.

Furthermore, I can cite Bill C-486 from the member for Ottawa Centre, I think, which requires companies that use minerals from the Great Lakes Region of Africa to exercise due diligence.

The political elite that benefits from corruption, particularly in countries and industries where corruption is rife, is made up primarily of men, which is interesting. At the same time, it is primarily women who lack government protection.

We support this bill and we believe that it must be sent to committee to facilitate discussion, as I just mentioned.

The bill will amend the definition of the term “business” to include the non-profit organizations I mentioned earlier. At committee stage, members will have to study the impact of this provision on charitable organizations and humanitarian relief agencies, which can sometimes be required to make a payment to accelerate the provision of essential aid or to actually obtain aid, something that I also mentioned at the beginning of my speech.

The committee should also determine the impact of making these activities indictable offences that are subject to imprisonment of up to 14 years, because it is a threshold over which conditional discharges, absolute discharges and conditional sentences become impossible. Therefore, the committee really must determine whether 14 years of imprisonment is the right direction to take.

I am going to stop here, and I look forward to all the questions.

Human Rights

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I have privilege today of tabling a petition from residents of Ponoka, High Prairie, Lacombe, Oyen, Hanna and Edmonton, Alberta. They are bringing to the attention of the House that it is essential that Canada maintain, promote and enhance its role in upholding human rights and sustainability worldwide. That includes the condemnation of practices of Canadian and other corporations forcing displacements, social conflicts, violent disruptions of protests against unfair employment practices, poisoning local water and the destruction of farmland and fisheries. They are bringing to our attention that Canadian legislation must be reformed to hold accountable those who violate human rights or harm the environment.

They call on members of the House to support Bill C-323, the international promotion and protection of human rights act and thereby create a new civil cause of action to enable the Federal Court to hear claims for a violation of international laws outside of Canada.

Federal Courts Act

[Peter Julian, NDP, 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)