Rob Oliphant

[National Defence, December 2nd, 2022]

Madam Speaker, I thank the hon. member for raising the issue of chaplaincy in the national defence forces.

It is absolutely important to do spiritual care that is sensitive and culturally aware and that engages all people from different faith communities. This government is committed to doing that.

We will take his question under advisement and get back to him.

[Anti-Personnel Mine Ban Treaty, December 2nd, 2022]

Madam Speaker, tomorrow we will mark an important milestone, with the 25th anniversary of the signing of the mine ban treaty, or, as we all know it, the Ottawa Convention.

In October 1996, then Canadian foreign minister, the indomitable Lloyd Axworthy, boldly challenged the international community to follow through with a global ban on landmines. The following year, on December 3, 1997, 122 countries signed this landmark agreement in Ottawa.

Since that historic event, Canada has become a recognized global leader in helping countries rid themselves of landmines, but the job is not done. Nearly 60 countries remain afflicted by these horrific weapons, which continue to maim and kill civilians, disproportionately affecting vulnerable communities, women and girls.

As we mark this milestone for the Ottawa Convention, let us celebrate the achievements made thus far and recommit ourselves to working toward a world free of landmines and other unexploded ordnance.

[Prison Chaplaincy, November 22nd, 2022]

Mr. Speaker, I rise today to speak to an issue that, after 25 years of service as a United Church of Canada minister, including six years working in prison chaplaincy in Yukon, is very dear to me.

In 2013, the Harper government chose to privatize prison chaplaincy, and almost all non-Christian chaplains had their contracts cancelled. Members of minority faiths incarcerated in federal prisons have not had adequate spiritual care since then.

Spiritual care is not a luxury. It is central to the care of a person. It offers opportunities for healing and rehabilitation, leading to better outcomes when they return to society, which I would say is a key goal of our penitentiary system.

Today the National Council of Canadian Muslims, the Islamic Family and Social Services Association and community leaders from across Canada will be meeting with members of the House regarding this important issue. I stand with them and with inmates who are trying to receive the spiritual care they deserve, something that will benefit us all.

[Questions on the Order Paper, November 21st, 2022]

Mr. Speaker, the following reflects a consolidated response approved on behalf of Global Affairs Canada ministers.

In response to parts (a) to (f) of the question, Canada and its G7 and other allies jointly decided to take further steps to isolate Russia from the international financial system and impose consequences for its actions, including by establishing the Russian elites, proxies and oligarchs, or REPO, task force. Following the March 16, 2022, meeting of the REPO task force, G7 finance ministers released a joint statement outlining their commitment to take all available legal steps to find, restrain, freeze and, where appropriate, seize, confiscate or forfeit the assets of individuals and entities that have been sanctioned in response to Russia’s invasion of Ukraine. This commitment seeks to target the assets of key sanctioned Russian elites and proxies.

Canada moved rapidly and is the first country in the G7 to implement the REPO commitment, further demonstrating Canada’s leadership role in the response to Putin’s unjustified and illegal war in Ukraine. The budget implementation act, which received royal asset on June 23, 2022, established the new asset seizure and forfeiture authorities as part of Canada’s overall sanctions regime, through designated changes to the Special Economic Measures Act and the Justice for Victims of Foreign Corrupt Officials Act. These changes provide authorities to allow Canadian courts to order seized or restrained property in Canada that is owned, held or controlled by sanctioned individuals and entities to be forfeited to the Government of Canada. Funds resulting from asset forfeiture may be used to compensate victims of human rights abuses, restore international peace and security or rebuild affected states.

Since the enactment of these legislative changes, a whole-of-government effort has been under way to operationalize the new authorities and move forward with respect to the first potential seizure of assets.

At present, the government is actively engaged in identifying and analyzing potential target assets, including building solid evidentiary packages to support seizure and forfeiture orders. Such steps are crucial to the successful implementation of this new regime.

[Foreign Affairs, November 21st, 2022]

Mr. Speaker, on this side of the House, we believe in action. That is why we have an effective range of sanctions that are taking place on those who commit the atrocities in Iran. Because of these new sanctions and the framework we have put in place, we are able to target the core leadership of the Iranian leadership.

They will not be able to hide in Canada. They will not be able to hide anywhere. Their assets will be frozen in Canada. The message is clear: There is no place for them in Canada.

[Foreign Affairs, November 15th, 2022]

Mr. Speaker, we continue to urge China to respect its international human rights obligations and address the concerns raised in the Bachelet report.

We take that report seriously. It has raised the possibility of extreme crimes against humanity. We will continue to fight for human rights and the respect of minority rights for everybody in China and around the world.

[Foreign Affairs, November 15th, 2022]

Mr. Speaker, Canada is extremely concerned about the treatment of Uighurs in Xinjiang, China. We are taking the allegations of genocide against the Uighurs very seriously.

We have condemned China at every opportunity with our Five Eyes partners, with G7 partners, at the UN Human Rights Council, at the UN and, most important, with Chinese officials directly. We will continue to stand with the Uighur people in their search for freedom and human rights.

[Natural Resources, November 15th, 2022]

Mr. Speaker, while trained as a professional forester, my father worked some 25 years in and around the Canadian mining industry. I too worked adjacent to it, as an accountant, early in my career. It is from that history and with great respect that today I recognize the important work done by the Mining Association of Canada.

The “towards sustainable mining” initiative of MAC is changing the industry around the world. This initiative supports mining companies in managing environmental and social responsibilities essential to our transition to a green economy. The world needs critical minerals; equally, the world needs mining to be greener. Our Liberal government remains committed to making Canada a world leader in both sustainability and the supply of critical minerals for clean technologies. The Mining Association of Canada has ambitious climate goals. I look forward to working with it and with these goals.

[Questions on the Order Paper, November 14th, 2022]

Mr. Speaker, the following reflects a consolidated response approved on behalf of Global Affairs Canada ministers.

As a Pacific nation, Canada is committed to being a reliable partner in the Indo-Pacific. Canada will always look for ways to work with partners to advance common interests for peace and security. Canada’s defence and security engagement is increasing across the region, including through frequent naval deployments and participation in exercises and training activities such as Operations Neon and Projection, and a growing and consistent contribution to the ASEAN Regional Forum.

Canada continues to monitor all major regional and global political developments, including those across the Taiwan Strait.

Canada is concerned about possible actions or incidents that could result in further escalations across the Taiwan Strait. Canadian officials have communicated to China concerns over the situation in the region and have worked with our partners in the G7 and multilaterally to call for restraint. The department will continue to monitor cross-strait developments closely and will respond appropriately to future challenges. Canada remains focused on supporting constructive efforts that contribute to peace, stability and dialogue across the Taiwan Strait.

While remaining consistent with our one China policy, our government will continue our multifaceted engagement with and on Taiwan, which includes collaborating on trade, technology, health, democratic governance and countering disinformation, while continuing to work to enhance peace and stability across the Taiwan Strait.

[International Human Rights Act, November 14th, 2022]

Madam Speaker, advancing human rights is an integral part of the Government of Canada's multilateral engagement in our foreign policy, and as such it does not, as the previous member suggested, ever need to be pushed toward that work.

Around the world, we are increasingly seeing concerning trends with some authoritarian governments seeking to undermine international human rights norms, be it Russia, China or Iran, including the stifling of civil society and restricting the full enjoyment of the rights and freedoms of their people. Consequently, it is important to consider new opportunities to add to Canada's tool kit so as to better respond to emerging human rights crises and to advance the promotion and protection of human rights.

Therefore, we welcome the opportunity to discuss Bill C-281, which was presented to the House by the member of Parliament for Northumberland—Peterborough South. I personally thank him for his work on the bill. The bill introduces several amendments to four statutes in an effort to uphold Canada's commitment to human rights in a strong and meaningful way.

The government supports the intention of the bill and will support it at second reading, aiming to find ways to strengthen it to effectively add to Canada's robust tool kit and our approach to addressing human rights situations around the world. We will support it going to committee for a thorough review and study by committee members.

We welcome the opportunity to work with our colleagues on the other side of the House, as well as on this side of the House, on this important piece of legislation in an effort to strengthen the bill and to address certain aspects of the provisions that would hinder the bill's ability to achieve its objective under the law.

Canada's policies and initiatives to uphold human rights abroad, including support for human rights activists, get a lot of attention from parliamentarians, and so they should. The bill proposes new reporting requirements for the Minister of Foreign Affairs when it comes to Canada's efforts to advance human rights through our foreign policy.

We agree with the objective to better demonstrate Canada's engagement in the promotion and protection of human rights. However, as currently drafted, the bill's means of pursuing the objective as it relates to the Department of Foreign Affairs, Trade and Development Act is somewhat problematic. It would impose direct instruction to the minister from Parliament concerning the conduct of Canada's foreign relations, and that could have broader, unrelated and unintended implications and consequences for the conduct of foreign relations under the Crown prerogative.

Unlike most other acts concerning federal departments and agencies, the act does not confer powers or authorities on the minister, but rather the powers of the minister are found in the Crown prerogative, which is a long-standing, valid source of executive authority. It has a foundation in Canada's Constitution, and its scope and content have been shaped through judicial decisions.

The act purposefully refrains from limiting or displacing the prerogative as a source of executive authority over foreign relations. It also refrains from giving direct legislative instructions concerning the executive's order of Canada's foreign relations. Over the years, this approach has maintained the flexibility needed by the government, no matter which party is in power, to adequately manage and balance the complexities of foreign relations in an evolving world.

In order to respect the aim of the provisions of this bill, while protecting the government's ability to conduct foreign relations, we recommend the legislative reporting requirement be replaced by a strong policy statement on human rights in the House of Commons. This statement could commit to the development of a human rights report that speaks to the ways Canada advances respect for human rights abroad, including our efforts to support the vital work of human rights defenders.

Additionally, the bill calls for the minister to publish a list that sets out the names and circumstances of the prisoners of conscience detained worldwide for whose release the Government of Canada is actively working. I want to caution that this could very much endanger the safety of human rights defenders and in certain cases could cause them to lose their lives. For example, if a human rights defender is detained in a country with known reports of torture, publicizing the prisoner's circumstances could lead to retaliation from the government.

Moreover, since the amendment proposed in this bill is not limited to Canadian prisoners of conscience, making known any interest in people detained in their country of origin would damage our bilateral relations and undermine Canada's ability to provide support to such human rights defenders.

I recognize that during the previous debate on this bill this issue was raised, and the member of Parliament for Northumberland—Peterborough South stated he was supportive of amendments that would improve this bill. I look forward to working with him to ensure that we do not inadvertently endanger the lives of human rights defenders.

Sanctions are an important tool used by Canada to address human rights violations abroad. Bill C-281 would require the Minister of Foreign Affairs to respond within 40 days to a report submitted by a parliamentary committee recommending that sanctions be imposed upon a foreign national. The Government of Canada takes the imposition of sanctions very seriously and has used the Magnitsky act and the other acts for sanctions extremely judiciously but proactively. Evaluating the feasibility and appropriateness of pursuing sanctions in response to a specific situation requires thorough and significant due diligence under the acts that govern them, including consultation, policy and legal analysis.

The bill's proposed 40-day response period would be an entirely new reporting requirement for the minister and it conflicts with the standard practice for a government response to standing committees, which is 120 days for the House of Commons and 150 days for the Senate. Furthermore, it would presuppose cabinet and Governor in Council approval and risk the measures being made ineffective.

Publicly announcing sanctions before they enter into force would effectively notify the targeted individual and as a result allow them to rapidly move their assets outside of Canada, which no one in this House would want. Finally, a public announcement of this nature would make it more difficult for Canada to coordinate our sanctions with our allies. That would hamper our ability to make effective sanctions, which are always more effective if we do them with our allies.

We therefore recommend adjusting the minister's response so that it would acknowledge the committee's recommendation and commit to its consideration while ensuring that it aligns with current standard parliamentary response practices, protects Canada's judicious approach toward the imposition of sanctions and meets the objective and intention set out in the bill.

With respect to cluster munitions, they pose an immediate threat to individuals around the world who live in conflict and post-conflict zones. In 2015, Canada ratified the Convention on Cluster Munitions and is fully compliant with the treaty. Canada implements its obligations to the treaty through the Prohibiting Cluster Munitions Act.

We welcome the prohibitions to direct investments introduced in this bill, which would make it explicitly clear that it is illegal for Canadians to invest in cluster munitions. However, the bill's prohibition to indirect investments would pose challenges to enforcement, as it would potentially criminalize indirect investors, such as mutual fund holders, who may be unaware of what investments they hold.

The media play an important role in transmitting ideas, especially ideas about promoting human rights. The bill recognizes that important role by prohibiting the issue, amendment or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being influenced by certain foreign nationals or entities of concern. This includes those who have committed acts that the Senate or the House of Commons has recognized as genocide or that have been identified under the Sergei Magnitsky law.

Actions to protect the broadcasting system from influence are important, and we welcome the opportunity to add clarity through a thorough discussion at committee of this bill.

In closing, this bill is a forward-looking effort to strengthen Canada's engagement on human rights both at home and abroad. We thank the member for Northumberland—Peterborough South for his work, and we look forward to working with him at committee to strengthen it.