Thank you, Mr. Chairman.
Continuing with the amendments with respect to this bill, I just want to say by way of quick preface that I remain in support of the bill. I proffer the amendments only with the view to refining both the protection for the victim and the liability of the perpetrators.
With regard to clause 8, the purpose here is to amend Bill C-10 by replacing lines 22 to 37 on page 7 with the following:
section 6.1, the Minister of Finance and the Minister of Foreign Affairs shall, within the scope of the powers and to the extent that is reasonably practicable, assist any judgment creditor or the court that has rendered the judgment in identifying and locating the property of that foreign state or any agency or instrumentality of the foreign state.
(1.1) In this section, “instrumentality”, in respect of a foreign state, means a legal entity
(a) that is separate from the foreign state; and
(b) in which the foreign state has a direct or indirect controlling or majority ownership interest.
The rationale for this amendment, Mr. Chairman, is that the states that are successfully sued should not be able to shield their assets through instrumentalities or proxies they direct or control.
Again, the purpose of this amendment is in order to increase the effectiveness of the proposed legislation, section 12.1 of the State Immunity Act should expressly reference legal entities formally separate from the state but in respect of which the state has a beneficial or direct or indirect controlling or majority ownership and interest. It just really is to facilitate the execution of judgments in that regard where a suit is successful.