International Trade Committee on Dec. 13th, 2010

[The Chair, Conservative, Lee Richardson]

We're still on clause 7. We have three more NDP amendments to deal with.

I would ask Mr. Julian to proceed with NDP-5.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you very much, Mr. Chair.

In response to Ms. Hall Findlay's comments, I want to say that I am very proud to be on the same side as Mr. Laforest and Mr. Guimond. I hold them in very high regard. They are very active in this committee, and they do excellent work.

[Jean-Yves Laforest, Bloc, Saint-Maurice—Champlain, QC]

Stand united, vote with him!

[Peter Julian, NDP, Burnaby—New Westminster, BC]

I want to introduce amendment NDP-5, which seeks to increase sustainable investment opportunities, rather than investment opportunities in Canada.

Earlier, I said, in English, that sustainable development should be one of the objectives of our foreign trade policy. That is why I am moving this amendment, Mr. Chair.

[The Chair, Conservative, Lee Richardson]

Thank you.

Is there any further discussion or debate on NDP-5?

(Amendment negatived)

We'll proceed now with the next proposed amendment for clause 7, which is NDP amendment 6.

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you, Mr. Chair.

This is actually an amendment that I feel very strongly about. As we saw, we had a number of witnesses come forward talking about labour rights in Panama. They told us how those labour rights have been undermined, both by the actions of the Panamanian government this spring and also by some of the provisions of the Panamanian labour code now, which exempt provisions of the labour code from significant proportions of Panamanian territory.

This amendment would offer the right to collective bargaining as a key component in the purpose and the objectives of the implementation legislation. Given the fact that collective bargaining was bulldozed in the spring, and a number of trade union activists died as a result of the “fight back” campaign from labour activists against that legislation, we'd be sending an important signal to the Panamanian government that collective bargaining rights are a principle that we do not compromise on.

[The Chair, Conservative, Lee Richardson]

Thank you.

Questions?

Those in favour of NDP-6, please so indicate.

(Amendment negatived)

[The Chair, Conservative, Lee Richardson]

The last amendment to clause 7 would be NDP-7.

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Very simply, Mr. Chair, this would amend this clause from promoting sustainable development to promoting “sustainable development, including sustainable human development”.

As you know, that's part of the clause of social development that again should be a watchword in our Canadian trade policy.

[The Chair, Conservative, Lee Richardson]

Thank you.

If everyone is clear on that, I'll call the question.

(Amendment negatived)

(Clauses 7 to 9 inclusive agreed to on division)

(On clause 10--Canadian representative on Joint Commission)

[The Chair, Conservative, Lee Richardson]

We have an amendment on clause 10. This is amendment 8 from the NDP.

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you very much, Mr. Chair.

What I have to say is extremely important. We are talking about institutional and administrative provisions that make the minister the principal representative of Canada on the joint Panama-Canada commission.

In light of all the problems Panama has had in terms of the controversy surrounding the changes to its labour laws and union system, I move that, as our representative on the joint commission, the minister consult on a regular basis with representatives of Canadian labour and trade unions.

In other words, the minister should consult with not only Canada's central labour bodies, but also, of course, labour federations such as the Fédération des travailleurs et travailleuses du Québec, given the affiliation between unions and regional organizations.

[The Chair, Conservative, Lee Richardson]

I think everyone has heard the amendment to clause 10.

Those in favour of NDP-8?

(Amendment negatived)

(Clauses 10 and 11 agreed to on division)

(On clause 12--Powers of Minister)

[The Chair, Conservative, Lee Richardson]

We have a couple of amendments, submitted by the NDP, to clause 12.

First of all, NDP-9 relates to the powers of the Minister of the Environment.

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you, Mr. Chair.

What this simply does is ensure that ministers--whether we're talking about the Minister of the Environment or the Minister of Labour--“shall” appoint these representatives to ensure that there is representation from Canada on these various bodies.

So it removes the option and makes it an obligation.

[The Chair, Conservative, Lee Richardson]

In short, it changes “may” to “shall”.

Is there further discussion on NDP-9?

Those in favour of NDP-9, please so indicate.

(Amendment negatived)

We have a second amendment on clause 12, and that would be NDP-10.

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

I will read this out, Mr. Chair.

I move that Bill C-46, in clause 12, be amended by adding, after line 18 on page 4, the following: “(1.1) The Minister shall(a) consult with independent experts on human rights and independent human rights organizations in order to assess the impact of the implementation of the Agreement on human rights in Canada and in the Republic of Panama; and (b) within 60 days after this Act comes into force, cause to be laid before each House of Parliament a report on that assessment that includes the findings and recommendations of those experts and organizations or, if that House is not then sitting, on any of the first five days next thereafter that that House is sitting.”

Of course, there have been issues with this in Panama. We are talking about union rights, which are also human rights, rights that the Panamanian government scoffed at this spring.

Instead of saying that everything is fine, we need to put an assessment process in place and ensure that independent experts are the ones doing the assessment. We do not want to duplicate what is in the agreement with Colombia, where the Colombian government gets to decide how it will report to Canada's Parliament.

We need independent experts. We have always said that. The purpose of this amendment is to ensure that independent experts conduct consultations and that their assessment report is submitted to Parliament.

[The Chair, Conservative, Lee Richardson]

I think that's clear. This would be two clauses, following the clause as currently in the bill as printed, to add consulting experts and reports to the House.

Is there any further discussion on that clause?

Those in favour of NDP-10, please so indicate.

(Amendment negatived)

(Clause 12 agreed to on division)

[The Chair, Conservative, Lee Richardson]

Now, I note, looking at all the amendments that we have been given notice of, that for clauses 13 through to 62, no amendments have been proposed as of yet.

May I first ask the committee if there are further amendments to any of those clauses, 13 through to 62? If not, I might ask for unanimous consent from the committee to group those clauses and vote on them as one.

So are there any further amendments to clauses 13 through to 62? No?

Then may I ask for the unanimous consent of the committee to group those clauses--clauses 13 through to 62?

[Alan Tonks, York South—Weston, Lib.]

I'm satisfied.

[The Chair, Conservative, Lee Richardson]

We have agreement?

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Chair, I'd just like to say that I certainly give my consent from this corner of the table.

[The Chair, Conservative, Lee Richardson]

And we're delighted to have it, Mr. Julian. Thanks very much.

(Clauses 13 to 62 inclusive agreed to on division)

[The Chair, Conservative, Lee Richardson]

We will proceed to amendment NDP-11, which would introduce new clause 62.1 to the bill as drafted. This might require a little explanation.

Mr. Julian.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Thank you very much, Mr. Chair.

The motion we discussed in committee at the beginning of this meeting is replicated, I think, to a certain extent in the termination of application at the end of the consideration today.

Now, we've also got the amendment from Mr. Laforest, which we'll be looking at shortly. The reality is that if it is true, and some members around this table have promoted this view, that the Panamanian government is willing to cooperate and sign a tax exchange information agreement with Canada, we will certainly know that in the coming months.

I'm skeptical, but if there are those around the table who suggest that we should sign the agreement or implement it, and then move from there to putting pressure on the Panamanian government, we still need a trigger. By having the termination of application, what we are doing is saying in a year's time we can look back at this, and if the Panamanian government has been cooperative and has cracked down on the money laundering and the drug trafficking moneys that flow through Panama, then I think there'd probably be fairly widespread support for renewing it. But if it hasn't been the case, then this government, this Parliament, can actually look at the agreement again, at the implementation, and choose whether or not it wants to proceed.

This gives us a safety valve, Mr. Chair.