Bill C-354 (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.

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)

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

Mr. Speaker, today I have the honour to present a petition signed by several dozen French-speaking Ottawa and Gatineau residents from both sides of the river. These residents are asking for support for my Bill C-354. They state that since Canadian multinational companies sometimes violate human rights and environmental standards, a legal regime should be established to allow offshore residents to sue these Canadian companies in Canadian courts. That is precisely what Bill C-354 is proposing. These residents of Ottawa and Gatineau consequently urge parliamentarians to support this bill.

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

moved for leave to introduce Bill C-354, An Act to amend the Federal Courts Act (international promotion and protection of human rights).

Mr. Speaker, I should note at the outset that this very innovative bill was developed in close cooperation with Nick Milanovic, a research professor with the Department of Law at Carleton University, and Mark Rowlinson, the counsel for the United Steelworkers. Mr. Milanovic's daughter and mother are in the galleries today.

The bill would ensure corporate accountability for Canadian firms operating abroad. It would broaden the mandate of the Federal Court so that it protects foreign citizens against rights violations committed by corporations operating outside of Canada. This bill would hold violators accountable for gross human rights abuses, regardless of where they take place, and it would allow lawsuits in Canada for a host of universal human rights violations.

Essentially, this bill would provide legal protection for those in other countries who are the victims of gross human rights violations. It is supported by the Canadian Association of Labour Lawyers.

I hope this innovative bill, which replicates what happens in the United States under the alien tort claims act, will be receiving the support of Parliament.

(Motions deemed adopted, bill read the first time and printed)