Bill C-2 (Historical)

Canada-Colombia Free Trade Agreement Implementation Act

An Act to implement the Free Trade Agreement between Canada and the Republic of Colombia, the Agreement on the Environment between Canada and the Republic of Colombia and the Agreement on Labour Cooperation between Canada and the Republic of Colombia

This enactment implements the Free Trade Agreement and the related agreements on the environment and labour cooperation entered into between Canada and the Republic of Colombia and signed at Lima, Peru on November 21, 2008.
The general provisions of the enactment specify that no recourse may be taken on the basis of the provisions of Part 1 of the enactment or any order made under that Part, or the provisions of the Free Trade Agreement or the related agreements themselves, without the consent of the Attorney General of Canada.
Part 1 of the enactment approves the Free Trade Agreement and the related agreements and provides for the payment by Canada of its share of the expenditures associated with the operation of the institutional aspects of the Free Trade Agreement and the power of the Governor in Council to make orders for carrying out the provisions of the enactment.
Part 2 of the enactment amends existing laws in order to bring them into conformity with Canada’s obligations under the Free Trade Agreement and the related agreement on labour cooperation.

Canada-Colombia Free Trade Agreement Implementation Act

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I listened with interest, of course, to the hon. member's comments. It occurs to me that the Conservatives are not even really serious about Bill C-2. I was thinking back to the prorogation we just had. It seems to me that this bill was well on its way before prorogation. Then, after prorogation, we had to start the bill all over from the beginning again.

If the Conservatives were serious about this bill, why did they bother proroguing in the first place and stopping all these bills, including crime bills and other bills that they said they were so interested in? Now these bills have to start all over again from the beginning. It seems to me that they are starting to agree with the NDP that this is not a good bill.

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

Mr. Speaker, I was somewhat taken aback by the question. In the early part of the question, it sounded as if we may have actually one NDP member who has read the agreement, who perhaps understands at least a minute amount of it, and is willing to support it. But I understand now that that is actually not the case.

I would like to know of one trade agreement, free trade agreement, any trade agreement, that the New Democratic Party has supported. They do not exist. There is no such thing. The NDP is anti-trade. I do not know how it expects the people in Canada to survive as an exporting nation, to create jobs and opportunities for our people, and I do not know how it expects Colombians to create jobs and opportunities for their people, if we do not trade with one another.

There were comments made earlier about bodies in the streets in Colombia. I am going to tell members something. I personally have been to Colombia. I know people from Colombia. I have friends in Colombia. In the 1970s and the 1980s, there were bodies in the streets, but they are not there today. There is a freedom of movement that has never occurred before in the history of Colombia. There is a freedom and a sense of individual protection and safety that was never there before in the history of Colombia. That country is moving in the right direction.

[Ed Fast, Conservative, Abbotsford, BC]

Mr. Speaker, I want to thank my colleague, the Parliamentary Secretary to the Minister of International Trade, for his cogent intervention on this very important issue.

As he and I both know, unfortunately, the NDP and the Bloc are mired in this archaic ideology where they will not support any type of free trade agreement. It does not matter with who it is. They do not understand that it is a big world out there. We have supply chains all over the world. We have opportunities to build Canada's prosperity. They simply shut their minds to that.

However, I want to turn my colleague's attention to the issue of diversifying Canada's trade.

As he knows, back in the 1980s and the 1990s, we signed a free trade agreement with the United States, which later on became the North American Free Trade Agreement. It has done marvellous things for our economy. It has dramatically increased trade between our nations. However, it is always dangerous to rely on one major trading partner.

Perhaps my colleague could comment on the advisability of expanding those trading relationships and signing additional free trade agreements, such as this Canada-Colombia free trade agreement.

[Gerald Keddy, Conservative, South Shore—St. Margaret's, NS]

Mr. Speaker, upon forming government, our government established two new priorities.

The first one was re-engagement with the Americas, which would enable us to concentrate on economies such as Colombia and sign a free trade agreement with Colombia, and to work with Panama, Peru and other nations in Central, South and Latin America, and the Caribbean.

The other part of our strategy was a global commerce strategy; that is, to find new markets around the world. That is why we are fully engaged with the European Union on signing a comprehensive trade agreement. That is why we are fully engaged with countries like Iceland, Norway, Liechtenstein, and Switzerland. We signed a free trade agreement with those four nations. That is why we are looking at the BRIC economies of the world: Brazil, Russia, India, and China. These are the growing economies of the world.

We can no longer simply be dependent upon one major trading partner. We must look further afield and diversify our trading partners. That is good for Canada and, quite frankly, that is good for the rest of the world.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, there is vote buying and vote selling, misuse of identity documents, illegal possession of identity documents and stolen documents. This is all part of the election in Colombia.

There is coercion and intimidation of voters. My gosh, this is what democracy is all about in Colombia. Fraud is committed by polling officers at the polling stations, wow. There is obstruction of the electoral observers so they cannot go and see what is going on. There is control over public transportation to prevent voters from getting to the polling stations. On top of that, there is an absence of educational outreach to voters to teach them about the importance of citizenship and participation.

Is this the Canadian vision, or the Conservative Party or maybe the Liberal Party's vision, of democracy and an election that is fair and free?

This kind of report came from several countries, including Canada, United States, Germany, U.K. and Mexico, participating in an extensive pre-electoral observation mission. Their reports talk about widespread fear among the Colombian population in this region because they are worried about their lives, intimidation, and what would happen to their financial resources.

The government manipulates the social programs for its own political ends. It says, “If you don't vote for me, you're going to get cut off from the families in action benefits”. That is not a fair and free election. That is not what democracy is all about. If the residents and voters do not attend political meetings or vote for the governing party's candidates, they can have their benefits cut off. That is not what democracy is all about.

The other situation is that funding is transferred from drug trafficking to finance campaigns. That is criminal behaviour. There were agreements between candidates, government officials and companies to award government contracts after the election if they donated to their campaign.

Occasionally, we see this here in Canada. It becomes a scandal. We have heard about brown envelopes over restaurant tables, or sometimes a meeting at a certain bar or maybe with certain mutual friends or former MPs, I do not know. Certainly, this kind of behaviour cannot be tolerated. That is not what the New Democratic Party of Canada's definition is of a fair and free election, and that is not what democracy is all about.

Democracy should not be about fear. That is what is happening in Colombia. Apparently, the mission recommends that the nation update its electoral census to avoid situations reported in which the dead vote. I know that occasionally some MPs go and sign up people who may be dead to become a member of certain parties, but that is not what should be tolerated.

We have seen report after report. Two years after the Conservative government started on this free trade deal, what has happened? There is more fear and increased intimidation. This is according to a 2009 report of the office of the United Nations high commissioner. Regarding human rights in Colombia, he said that the office located in Colombia had observed an increase in the number of intimidations and death threats by letters and emails against human rights defenders, social and community leaders, and members of other marginalized groups.

I keep hearing that the more we engage with the Colombians, the safer it is for them. Actually, the opposite happens because the government is tolerating it, even encouraging it through its secret services.

It is given encouragement by these free trade deals, by the Liberal Party and Conservative Party in Canada and the Conservative government, that we will reward the Colombian government even though it continues to intimidate its opponents, The elections in Colombia are not fair nor free. We will reward Colombia by providing even more trade. That is the exact opposite of what Canada should do.

Canada should send a clear message to the existing government of Colombia and say that we believe in democracy. We should send a clear message that we believe that elections should be fair and free, and that when the Colombian government sends secret services to intimidate opponents, to fabricate allegations against its opponents, to sabotage and inflict terror upon its political opponents and citizens, that when secret services that are condoned by the government conduct smearing campaigns, we will not reward such behaviour. We will say no to any free trade agreement with a president and a government that is of this nature. If not, the message we are sending is that we will support criminal behaviour and elections that are conducted in a way that is totally undemocratic.

What we should be calling for instead is a halt to this trade agreement. We should be calling for an independent and comprehensive human rights impact assessment, not done by the government itself but by an arm's length agency. And until that kind of assessment takes place, we should not proceed by saying to that government that we will have a trade relationship with it. If not, those people who have been jailed, terrorized and forcefully displaced will feel that justice is not on their side.

Since 1997, between 2.6 million and 6.8 million hectares of land in Colombia have been acquired by violence, most of them through the paramilitary strategy. Not only does this kind of government intimidate its citizens but it has forcefully removed land from people, so it certainly is not a government we should support by negotiating free trade with it.

We have also noticed, with two successive terms of this government, that it has focused on intensifying the wall. We can always tell what kind of government it is. Does it rule by hope or by fear, and can we examine its defence budget? In these two terms, the Colombian government's defence budget has risen from 5.2% of the GDP in 2002 to 14.2% of GDP, that is $11 billion in 2010.

That is a lot of money that could have been used to help feed its people, to help bring some of the 4.9 million people who have been displaced by force in the last 25 years back into their country. It could help some of the people who are starving, who are being intimidated by the secret services. Instead, it is putting its money into the defence budget rather than the education budget. The education budget is only 13.9% of GDP. Its defence budget is even higher.

That is why we should vote against this free trade deal with Colombia.

[Scott Brison, Liberal, Kings—Hants, NS]

Mr. Speaker, the member spoke at length about human rights issues in Colombia, but I have not heard the NDP speak about human rights violations in Venezuela. I would be very interested in her view of the Chavez regime. I would be interested in why the NDP members are so conspicuously silent on their brethren Hugo Chavez in Venezuela. Why are they being so silent when there is a Canadian physician who has been detained in Venezuela? Dr. Carlos Cossio and seven members of his family were arrested a few weeks ago accused by the Venezuelan government without any evidence whatsoever of espionage. They are being detained in Venezuela against their will.

I would be very interested in knowing why the NDP members refuse to stand up to bullies and thugs like Hugo Chavez in Venezuela. Is it because of their ideology that they are all right with left-wing thuggery in Venezuela and they are opposed to some sort of ideological perspective that is more in keeping with market-based economies?

I cannot understand the NDP members at the best of times, but I certainly cannot understand why they are being so silent on defending fundamental human rights in Venezuela.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, the former Conservative member of Parliament now sits on the Liberal bench, and there is not a lot of change there. Any time a member of Parliament tries to change the subject and change the channel, there is something to hide. We are talking about Bill C-2, the free trade agreement with Colombia.

I understand that the Conservative members are so worried about this bill that last Friday, when the bill was not even on the agenda, they moved a time allocation motion to try to change the channel and say that we are going to have closure, similar to what occurred with respect to the HST.

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

Idiotic.

[Ed Fast, Conservative, Abbotsford, BC]

Answer the question.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Madam Speaker, they brought in closure to stop the debate and rush the bill through. That is the kind of anti-democratic behaviour that we should not tolerate in the House of Commons. Yet the Conservative government, because it refuses to debate this bill properly, invoked closure. That is why we have to vote on the bill today.

[The Acting Speaker, NDP, Denise Savoie]

I hope members realize that I will not recognize them if they heckle while a member is speaking.

The hon. member for Westlock—St. Paul.

[Brian Storseth, Conservative, Westlock—St. Paul, AB]

Madam Speaker, I was listening to the hon. member's answer about changing the channel. I was hoping to give her a little more opportunity to answer the question that was put to her about Chavez.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Madam Speaker, I thought we were discussing free trade with Colombia. I thought we were talking about whether or not the dead should vote. That is what I have noticed in those reports. The dead vote. Should we tolerate that? I do not think we should.

Should we tolerate exceeding campaign financing limits? Maybe that is a practice the Conservative Party is familiar with. Maybe that is why the Conservatives support that. There is also the use of money from illegal activities, especially from drug trafficking, to finance campaigns. Is that the kind of behaviour we should condone and the kind of government we should support? Absolutely not.

If that is happening in Colombia, we should say no to that kind of behaviour. We should not reward that kind of government. We should say no to free trade with Colombia.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

My goodness, Madam Speaker, the vigorous debate that we have here today. I am very proud to be a member of Parliament during these times. I suppose we can all just get along for a little while. I hope that my speech is not going to be as contentious as what we have heard over the past little while.

I would like to bring some facts to this debate. I would like to put them out there for a decent round of questions and comments so we can talk about this issue as it goes forward not just for us but also for the wonderful people of Colombia.

I want to start by talking about my personal opinion regarding the free trade arrangements that exist currently throughout the world and what they do not just to liberalize trade but also to increase the standard of living for people involved in the economy and the illegal economy. It allows people in all regions of a nation to better the standard of living of anyone who wants to participate. I will touch on this later in my speech.

I am a rural member of Parliament and I would like many people in the rural areas of Colombia to be engaged in this process as well.

Right now we have an economy that is global, far more global in nature than we ever anticipated. The rapid development of this global economy is intense. It is certainly intense in my riding in the traditional sectors of mining, fishing and even forestry. Many people in the rural areas of the Andean region rely on these industries as well, particularly the mining industry.

We have to analyze the three pillars by which we want to engage Colombians not just in conversation but in an arrangement that would allow them to better the standard of living not just for the select few elite, but for people in the entire region. It is part of that legal economy that we need to increase.

Fifty-six per cent of the people in Colombia engage in illegal economic activities. Through no fault of their own they are engaged in a workforce that is not legitimate for the most part. For people in some of the smaller places in Colombia, it is all that they have. They find themselves in a situation where they are desperate to make a living for their communities and for their loved ones. Those people need options.

We have created some options that they can use to increase their skills which would allow them and their children to stay within the regions they love so much. Colombians love their country. This is important for the Andean region.

We already have comprehensive agreements in place with Chile and Peru. These agreements provide a substantial boost to many people living in the rural and urban communities.

Hopefully, we can wean Colombians away from the practices taking place in other countries that do not believe in the same values, such as Venezuela, as my hon. colleague talked about.

We need to give these people options. It is not that they want to be involved in the activities we hear so much about. The narco-economy in Colombia is well developed. Destruction of that type of economy is not going to happen overnight. It has to be done piecemeal. It has to be done through steady investments, through a sense of corporate responsibility. Canada can share its sense of corporate responsibility with Colombia.

We are not oblivious to all that is happening in Colombia. My hon. colleague from Trinity—Spadina ran off a list of incidents that we would not want to ever see happen in that country. How can we give the people who live there the option to get away from that? We need to engage these people.

I have heard the criticisms made by Amnesty International and others that the Bloc and the NDP have brought out. We need to engage these people. We do not disagree with them, but why take these measures and just throw them out? This is the part that we need to understand.

We are currently working on a comprehensive free trade agreement with the European Union. I bring that up only because this deal would be a boon for people in rural communities. It would allow them to improve a currently failing industry. A prime example involves those individuals who make a living from catching and harvesting shrimp.

The European free trade agreement is going to bring about a positive deal for them for the very simple reason that it gives them options. It does not matter if they are in Belgium or Colombia, it is the options that this creates.

Sure this is a benefit for us; we do not disagree. We would never walk away from something that is only a one-sided deal, but there is also something for them.

I want to refer to what has been talked about in this debate for some time and that is the comments by President Barack Obama on this. There has been some confusion as to whether the United States does or does not agree with this. I think the principles laid down by Obama are true. He said, “I commended President Uribe on the progress that has been made in human rights in Colombia and dealing with the killings of labour leaders there, and obviously we have seen a downward trajectory in the deaths of labour unions and we have seen improvements when it comes to prosecution of those who are carrying out these blatant human rights offences”.

I do not think the President of the United States is saying the place is perfect, but he is saying it is a lot better than what it used to be.

This is part of a proactive measure that helps these people get away from the type of living where they are living from hand to mouth every week. It is not just a question of making money. They are dealing with people who are incredibly dangerous. The paramilitary groups, whether or not they are disbanded, in some instances they are regrouping under some major urban crime. That is what we have to avoid. We can do that by engaging them and giving young people options.

I have a teenage son. If my teenage son were growing up in Colombia and there was no engagement with the outside world, think about what would happen. His only option would be to engage in part of that economic activity that is completely and utterly illegal. His life expectancy would be cut in half. However, he knows that living in Canada he does not have to choose that life.

We share a bit of what we are with them. That is striving for perfection. It is the same argument I have over universal health care with people. My American counterparts sometimes say that Canada has a bad system. Well, it is better than theirs. Universality is not perfect, but at least it is worth striving for.

In this case increasing the standard of living for average Colombians, whether they are rural or urban, is certainly worth striving for. I think this agreement does this.

My hon. colleague from Kings—Hants has brought forward an amendment which goes in the direction of achieving a better standard of living, the report brought here in the House for us to vet, to look at and to debate. That is what we need, a proactive measure that actually makes this a better situation not just for those who do business in Colombia but for us.

SNC Lavalin, a successful company in Montreal, is now doing business in Colombia, quite comfortably, I might add. Brookfield Asset Management created a $400 million Colombia infrastructure fund. They would not do this if it was an absolute nightmare to work in Colombia. They are not saying it is perfect; they are just saying it is better than what it used to be. I think they like this deal as well. They certainly agree with the principles of corporate social responsibility.

The UN High Commissioner for Human Rights made these comments:

The report demonstrates how the internal armed conflict continues to pose many challenges for the country, including the complete disregard for international humanitarian law by guerrilla groups [most notably FARC]. This situation is exacerbated by violence against civilians committed by illegal armed groups that emerged after the demobilization of paramilitary organizations, links between illegal armed groups and drug trafficking, and the particularly acute impact of the internal armed conflict on indigenous peoples and Afro-Colombian communities.

There is no doubt it is there, but the problem now is that we need to make this better. That is what this agreement does.

[Gerald Keddy, Conservative, Parliamentary Secretary to the Minister of International Trade]

Madam Speaker, I have two questions. When I listen to some of the criticisms from the opposition parties, at least from the Bloc and the NDP, on this trade agreement, they continually say that the paramilitaries are linked to the government.

There is never any acceptance that 30,000 paramilitaries have been disbanded. They never say that FARC, the communist-led insurgency in the jungle, is fed by the narco-economy and continues to feed the narco-economy. Somehow that is just left out of the equation. Could the hon. member speculate as to why?

When we look at this overall agreement and what happens to immediate jobs in Canada and in Colombia, right now our businesses are operating anywhere from a 1% to a 15% deficit. That is what the tariff is. Now they will be able to compete on equal footing with anyone else on the planet. Other countries in the world have already signed free trade agreements with Colombia, including those in the European Union and other modern countries in the world. Why would we not move in this direction?