Bill S-14 (Historical)

Fighting Foreign Corruption Act

An Act to amend the Corruption of Foreign Public Officials Act

This enactment amends the Corruption of Foreign Public Officials Act to
(a) increase the maximum sentence of imprisonment applicable to the offence of bribing a foreign public official;
(b) eliminate the facilitation payments exception to that offence;
(c) create a new offence relating to books and records and the bribing of a foreign public official or the hiding of that bribery; and
(d) establish nationality jurisdiction that would apply to all of the offences under the Act.

Fighting Foreign Corruption Act

[The Acting Speaker, Barry Devolin]

Before I go to the hon. member for Marc-Aurèle-Fortin, I would like to remind all hon. members that the matter before the House is Bill S-14 and that their questions and comments and also the responses ought to be related to that somewhat directly.

The hon. member for Marc-Aurèle-Fortin.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, my colleague's last question is unfortunately so partisan that he has missed the point.

Collectively, it is our duty to protect our country against corruption and the corrupt. Unfortunately, those who disregard this make personal attacks and focus on imagined facts. At present, people are fighting corruption in Canada and abroad.

Unfortunately, collectively, we are sometimes not vigilant enough. Canada's response to this lack of vigilance is Bill S-14. We are going to deploy teams of expert police officers to fight this phenomenon.

In Montreal, the Marteau squad is tackling corruption. Unfortunately, if the member would open his eyes, he would see that the Marteau squad arrested the assistant to one of his ministers. These are not just suspicions; he is being charged with corruption. Just two months ago, that man claimed to be the shadow MP for the riding of Mount Royal.

We can fight corruption, not with partisan attacks, but by working together as we did on Bill S-14 and as I encourage the House of Commons to do in all circumstances.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, the member mentioned a number of issues around international corruption that we need to take seriously. He talked a bit about the context, which is that we are facing scandal upon scandal in this very country in our political establishments, in the Senate and here in the House.

Could my colleague comment on the importance for Canada to show leadership abroad? We on our side of the House believe the government should show leadership and claim the place that we have always held in the international dialogue. Could the member comment on the importance of cleaning up the scandals that beset the government here at home first, or as well?

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, people who are corrupt outside the country will also be corrupt inside the country. They are the same people. That is clear from the criminal charges that were recently laid.

The same people who gave bribes to Mr. Gadhafi gave bribes to the McGill University Health Centre in Montreal. The people who said they were experts in military intelligence and were members of the CSIS board of directors are the same people who accepted bribes.

No one is immune to corruption. Nor is any political party. However, we can implement measures to correct the situation as quickly as possible when it does happen. We can combat corruption with legislation, regulations and joint effort.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I thank my colleague from Marc-Aurèle-Fortin for his very eloquent speech.

I would like him to talk a bit more about Canada's international reputation. Indeed, The Globe and Mail reported today that Canada is still seen as the holdout at the G8 summit. It is not willing to make reforms on tax transparency at the international level. It is resisting reform and putting on the brakes.

Could my colleague comment on the way Canada has been doing things over the past few years, resisting reforms that would make us active participants in the global efforts to improve the situation?

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, this is directly related to a government policy. The government chose to never be on the right people's side.

An Israeli minister once said, “Palestinians never miss an opportunity to miss an opportunity”. That is exactly what is happening with this government. Canada is receiving environmental booby prizes. We are in last place, the biggest polluter. We are also in last place when it comes to money laundering. The government is making cuts to the Canada Revenue Agency, which should be working to combat money laundering. Canada is also lagging behind when it comes to combatting foreign corruption.

We still have not voted on Bill S-14. We are the last of the G8 countries to have a bill of this nature. At some point, the government will have to take full and exclusive responsibility in all areas.

We lost the opportunity to get a seat on the United Nations Security Council. That should have been a red flag. The Conservatives trivialized the incident. They trivialize everything. They are against anything that could stand in the way of a Canadian company making a quick buck. Unfortunately, this is tarnishing Canada's reputation on the world stage.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, on that subject, there is a 2011 report from Transparency International that ranked Canada as the worst of all G7 countries with regard to international bribery, with no little or no enforcement of the scant legislation that does exist.

We are playing a lot of catch-up on this front. Could my hon. colleague comment on why it is that the government needs to be dragged, kicking and screaming at all levels, in order to present transparency and accountability?

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, Canada is in last place because it is the last country to pass this type of legislation. Our country has become a laughingstock. This government has known for years that this type of legislation is essential.

At the very beginning of my speech when I quoted what Judge Giovanni Falcone said about politicians, I said that there were those who are fighting the Mafia, those who are working alongside the Mafia and those who let the Mafia go about their business unfettered. Clearly, the government's actions in this case were not inadvertent or due to a lack of vigilance. This government knowingly allowed companies to engage in wrongdoing.

Diplomats at the Canadian embassy in Libya were involved in the corruption surrounding the Gadhafi family. That is unacceptable. That is why Canada is in last place and everyone knows it.

When it comes to making a quick buck, this government will support the corrupt, regardless of the long-term effects or the impact it will have on Canada's reputation. The government wants Bill S-14 because it no longer has a choice.

The NDP government will go much further. We will re-establish Canada's reputation of excellence.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I want to reiterate that the NDP has always been in favour of responsible, sustainable and transparent management practices. My colleague alluded to this during his speech, and I would like him to reiterate the NDP's commitment to that.

I also appreciated how he mentioned that it was up to each one of us to recognize our responsibility to adopt ethical and responsible measures.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, that is a good question.

In many cases, the purpose of corruption is not just to facilitate access to the resources of a foreign country. Often it is used to bypass the basic rules of sustainable development. I am talking about anti-pollution rules, respect for workers' rights and respect for the right of local communities to live in a healthy environment without having to disturb modes of transportation or water supplies. All of these things are part of regulation, and corruption can deny these people their right to sustainable development.

The House resumed from June 14 consideration of the motion that Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act, be read the third time and passed.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

I move:

That, notwithstanding any Standing Order or usual practice of the House, Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act, be read the third time and passed.

[The Speaker, Andrew Scheer]

Does the hon. government House leader have the unanimous consent of the House to propose this motion?

[Some hon. members]

Agreed.

[The Speaker, Andrew Scheer]

The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion?