Bill C-331 (Historical)

An Act to amend the Federal Courts Act (international promotion and protection of human rights)

This enactment amends the Federal Courts Act to provide for the jurisdiction of the Federal Court over civil claims brought by non-Canadians in respect of alleged violations outside Canada of international law or a treaty to which Canada is party.

Criminal Code

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Madam Speaker, it is a real honour to be able to rise today to speak to Bill S-223. Before I get into my remarks, it is important to recognize the two individuals who have been working diligently over the years to shepherd this bill through Parliament, starting in the other place, with Senator Ataullahjan, and here, the member for Sherwood Park—Fort Saskatchewan. Both individuals have been long involved in this process, over several Parliaments.

The bill, of course, passed very quickly through second and third reading in the other place. In fact, it even skipped consideration by the committee on December 9 of last year. It gives a sense of the arduous journey that private members' bills, both from the Senate side and from the House side, have to make in order to pass the entire parliamentary process: the fact that we are here in December 2022, only now considering its third reading, and it has taken a full year to get to that stage.

Before I get into the details of why this legislation is necessary, I would like to talk about a few key points in terms of what the bill is going to do, so we are all very clear on what the House is going to be debating and hopefully passing in short order.

Essentially, it is a substantive amendment to a narrow section of the Criminal Code in relation to the crime of trafficking in human organs. We know that organs like kidneys and livers are being forcibly removed from many people, but this bill, with a new section 240.1, is going to create some new offences: anyone who obtains organs without informed consent, either for use in another person or for themselves; anyone who is involved in the carrying out of the procedure to remove those organs without informed consent; and anyone who does anything in connection with the removal of the organs without informed consent.

That is quite broad. It could involve anyone who was involved in allowing a place to be used for the surgery and anyone who is involved in the transportation of the organs or their smuggling across borders. It is a very real problem. It is something that, through several Parliaments, we have been waiting for substantive action on.

We know this is a crime that disproportionately affects people who live in impoverished countries and who live under authoritarian rule and do not have access to the same rights, privileges and equality under the law that we sometimes take for granted here in Canada. It is important that countries like Canada, with its well-known track record in standing up for human rights and the rule of law, not only here in our own country but abroad, follow suit and really establish what we think should be the norm and what all citizens of the world should be able to enjoy.

There is also a very important amendment to the Immigration and Refugee Protection Act, so that a permanent resident or any foreign national would be inadmissible to Canada if the Minister of Immigration, Refugees and Citizenship is of the opinion that they have engaged in any activities related to the new offence that is going to be put into the Criminal Code through the passage of this bill.

Through the conversation today, I have heard several members talk about how having this provision in Canadian law for a crime that occurred in another country is important. It reminds me that we sometimes have a double standard in this place about how we apply Canadian law.

I have been a member of this House for seven years now. I was here in the 42nd Parliament. I remember a previous private member's bill, which was sponsored by the member for New Westminster—Burnaby. It was Bill C-331. In the dying days of the 42nd Parliament, we managed to come to a vote on that bill at second reading. It was June 19, 2019, pretty much the very last day of the 42nd Parliament.

That was an important bill, because it intended to amend the Federal Courts Act so that people from other countries who wanted to bring a civil claim could do so under the jurisdiction of federal court.

The nature of the claims could have to do with genocide, a war crime or a crime against humanity, slavery or slave trading, extrajudicial killings, torture, prolonged arbitrary detention, or the sale or trafficking of persons. These are all crimes that every member of this House agrees are abhorrent and certainly need the full force of the law.

The problem is that when the member for New Westminster—Burnaby was attempting, for many good reasons, to bring that bill forward, the House voted against it. In fact, the Liberals and the Conservatives joined together to shut the bill down at second reading.

I do not want to take away from the debate on the bill today. Bill S-223 is going to have our full support. I just hope that when Parliament is conducting itself and when we see value in these types of measures that try to apply Canadian law to things that happen abroad, we can do so on a consistent basis.

We need to recognize that there are huge problems out there, not just with human trafficking in organs, but also in war crimes, slavery and other methods. Should the member for New Westminster—Burnaby try to bring that initiative back, I hope the House will apply the lessons from the debate on Bill S-223 to that similar and worthy initiative.

Bill S-223 is no stranger to us. In the 42nd Parliament, it was before the House as Bill S-240. The reason I think it is a forgone conclusion that this bill is going to pass the House is that it is identical to the version we debated and passed as Bill S-240. In fact, in the 42nd Parliament it received the unanimous support of the House at second reading and again at third reading on April 30, 2019.

The important and notable difference with Bill S-223 is that it incorporates the amendments the House made to the previous version of the bill. That is what caused the delay on Bill S-240. It had to be sent back to the Senate so it could consider House amendments.

Unfortunately, at that time, the bill was held up because of the procedural shenanigans going on in the other place related to the old bill, Bill C-262, which was introduced by my former colleague, Romeo Saganash. That was his attempt with a private member's bill to enshrine the United Nations Declaration on the Rights of Indigenous Peoples.

I am glad to see, from the tone and content of the speeches so far, that there is recognition that this is an important and long-overdue change to criminal law. It sends a strong message, not only to people around the world who are facing these barbaric practices under regimes such as China, and we have heard well-documented testimony on what the Uighur population is going through, but also to impoverished people living in countries where the rule of law is applied selectively at best.

These people may be targeted by criminal organizations. We have heard testimony from people who have woken up in a drugged haze to someone wearing a surgical mask and gloves telling them that their kidney has just been removed and that they need to take care. Often, these victims can suffer very serious, lifelong health consequences from that, and because of the nature of the operation, some people have ultimately died from it. It is a very real issue.

We know the demand for organs is very high worldwide, and we need to take steps to encourage people to put themselves on an organ donor registry. I am pleased to see that this Parliament has tried to address that by making it easier for people to sign up and so on. However, those are problems that are not going to go away. The demand for organs is high, and as our population ages we certainly need to have smart and effective policy to address that.

On behalf of the New Democratic caucus, I will indicate that we are looking forward to supporting this bill and voting on it so it gets sent to the Governor General for royal assent. We have long opposed all forms of trafficking, whether it be human trafficking for sexual exploitation, labour trafficking or the trafficking of human organs. We must do all we can to protect vulnerable people. With that, I will conclude my remarks. I appreciate this opportunity.

Canada Pension Plan Investment Board Act

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

moved that Bill C-231, An Act to amend the Canada Pension Plan Investment Board Act (investments), be read the second time and referred to a committee.

Mr. Speaker, it is indeed a great and rare honour to be able to stand in the House of Commons to sponsor and present a piece of legislation for my colleagues to consider. I hope that between now and March of next year, when we will likely come to a vote, I can convince more than a few of my colleagues that this bill has merit and deserves to go to committee.

Today, I am pleased to kick off the debate on Bill C-231, an act to amend the Canada Pension Plan Investment Board Act. The behaviour of corporations around the world is coming under increasing scrutiny as more and more people are demanding action. Here in Canada we have also acknowledged the problem, most notably when the Liberal government decided to establish an ombudsperson for responsible enterprise, who is supposed to receive and review claims of human rights abuses arising from companies abroad in the mining, oil and gas, and garment sectors.

The NDP has long been a leader in demanding more corporate responsibility. Most recently in the final days of the 42nd Parliament, the member for New Westminster—Burnaby brought forward his bill, Bill C-331, which would have allowed for gross violations of human, labour and environmental rights to be brought before a Canadian federal court.

The idea behind my bill, Bill C-231, is the questionable investments that are funding bad corporate actors. It is an idea that many people in Canada have long been concerned with, and it led me to further research in order to put the Canada pension plan's investments under closer scrutiny.

The Canada pension plan is an important pillar of our country's retirement system. Every year, millions of Canadians pay into the plan, which provides retirement, disability, survivor and death benefits to millions more. It is a sacred contract in recognizing years of hard work. Managing the careful balance between beneficiaries and contributors requires due diligence to the CPP fund, which is governed by the Canada Pension Plan Investment Board.

Through its careful investing strategy, the CPP fund is now valued at over $400 billion and is one of the largest pension funds in the world. I also want to note that the members of the CPP Investment Board have reached out to me over the last couple of years about my proposed legislation and to talk about their policy on responsible investing, which “aspires to integrate [environmental, social and governance] factors into investment management processes”. However, the document goes on to state that the investment board does not “screen stocks or eliminate investments based on ESG factors.”

This is the crux of the matter. Nowhere in the Canada Pension Plan Investment Board Act is there any mention of ESG factors or ethical business practices. There is no mention of human rights, labour rights or environmental rights. All we are left with is a policy, which itself admits that ESG factors, while a strong guideline, are non-binding in its investment decisions. The overriding duty of the investment board is to maximize investment returns without undue risk of loss. This is clarified in section 5 of the Act.

It is here that people will probably want to stop me and say, “So what? That is fine, and we should leave it that way. After all, the board has managed to grow the fund in a spectacular fashion, putting its financial health for future beneficiaries on a good path.”

I agree the fund is in fantastic condition, and I have no doubt that the managers of the investment board are doing their utmost to continue this work, but, and it is a big but, when we take a deep dive into the investment holdings of the CPPIB, we find a laundry list of problematic investments.

Before I get into the details of Bill C-231 itself, I think it would be helpful for members of the House to understand precisely what I am talking about when I refer to problematic investments. I am extremely grateful to the Library of Parliament for assisting me in this research, but I am also grateful to organizations such as Corporate Knights and various news outlets that have exposed CPP investment holdings, which many of us would find, at the very least, questionable.

Let us start with the Responsible Mining Index. The most recent data I have is from 2018, and it ranks companies on their performance on economic, social and governance practices. The companies are scored out of 36 points. The research I was able to obtain from the CPPIB's holdings shows that our pension dollars were invested in companies that scored in the low single digits. One company scored a 2.6.

KnowTheChain's 2018 Food and Beverage Benchmark Findings Report rates food and beverage companies on their efforts to address the risks of forced labour in their supply chains. The companies in their research are scored out of 100. Again, the research I was able to obtain from the CPPIB's holdings shows that our pension dollars were invested in companies that scored in the low single digits. One company scored a four; another scored seven, and that is out of 100.

From 2000 until 2015, Public Eye hosted awards of shame competitions intended for companies with poor social responsibility records. As it is stated on the website, all of them are corporations whose business activities have been characterized by human rights violations, environmental destruction, immoral tax practices or corruption. Again, the research I was able to obtain from the Investment Board's holdings shows that our pension dollars were invested in many of the companies listed there.

Corporate Knights is a publication that defines itself as the most prominent magazine in the clean capitalism media space. It defines clean capitalism as “an economic system in which prices incorporate social, economic and ecological benefits and costs, and [actors] know the full impacts of their...actions.” Its research shows that our pension dollars are exposed to companies engaged in blocking climate policy, blocking climate resolutions, forced or child labour, severe environmental damage and severe human rights violations.

We, of course, are all aware of the very real and imminent danger that climate change is posing to our world. It will be the defining issue of the 21st century, and our actions in the next 10 years will determine how we meet this challenge. Despite this fact, the Canada Pension Plan Investment Board continues to invest our pension dollars in major carbon emitters.

CDP's 2017 report on major carbon emitters compiled a list of the world's top greenhouse gas producers, and among the Investment Board's holdings were Gazprom, which was responsible for 3.9%, and Coal India, which was responsible for 1.9% of global industrial greenhouse gas emissions.

ShareAction is a charity that has spent the last 12 years building the movement for responsible investment. It is now taking the movement worldwide to transform the investment system and unlock its potential to be a force for good. It released a report in 2018 entitled “Pensions in a Changing Climate”, which assesses the pension sector's response to the recommendations of the Task Force on Climate-related Financial Disclosures.

It did an analysis of the world's 100 largest public pension funds and their approach to climate-related risks and opportunities, and they ranked the Canada Pension Plan Investment Board in 32nd place with only a CCC rating. This ranking shows that we are only starting to take action on climate risk. As the task force stated in its report, large global pension funds have a responsibility to manage their funds in the long-term interests of their members and beneficiaries, which includes building appropriate responses to climate change as a material investment risk.

There have also been new stories over the last couple of years showing that the Canada Pension Plan Investment Board invested in private American prison companies that were operating migrant detention camps along the U.S.-Mexico border. I could go on and on with even more examples of problematic investments. It certainly is a laundry list, but I must be mindful of the time.

What is clear is that the Canada Pension Plan Investment Board's policy on responsible investing has not prevented it from investing our public pension dollars in companies with extremely poor corporate social responsibility records. Bill C-231 would step in to amend section 35 of the act by providing that the investment policies, standards and procedures take into account environmental, social and governance factors, and that our investments cannot be held in an entity if there are reasons to believe it has performed acts or carried out work contrary to ethical business practices, including the commission of human, labour and environmental rights violations.

The bill also allows provides for no investment being allowed in a company that produces arms or munitions of war that are prohibited under international law, or in any company directing acts of corruption. It is important to note that nothing in my bill would change the mandate of the Canada Pension Plan Investment Board, which is to maximize investment returns without undue risk of loss. My bill also does not change the fact that the investment decisions are left in the hands of the investment board and that it is up to them, through the existing section 51 of the act, to explain how their investments were in accordance with the act in their annual report to Parliament.

There are numerous examples around the world, but let us start with one at home. Here in Quebec regarding pension law, we have the CDPQ, which manages 41 public and quasi-public organizations. It is governed by legislation in the province of Quebec, which requires that the board of directors adopt a socially responsible investment policy.

In Sweden, Sweden's national pension insurance funds, the AP Funds Act of 2000, requires state pension funds to take environmental and social considerations into account without relinquishing the overall goal of a higher return on capital. The funds must include environmental and ethical standards in their investment policies and annually report to the government how they would adhere to those practices. Those Swedish funds are worth approximately $154 billion.

In Norway, the largest pension fund in the world, the Government Pension Fund Global is governed by regulations that were passed by its Parliament in 2004 to provide a legal framework emphasizing international human rights and environmental standards. Despite these being labelled as guidelines, the regulations are legally binding. For example, companies can be put under observation or be excluded if there is an unacceptable risk that the company contributes to, or is responsible for, serious or systematic human rights violations, such as murder, torture, deprivation of liberty, forced labour and the worst forms of child labour; or any serious violations on the rights of individuals in situations of war or conflict. As I said, Norway's pension is the largest in the world. It is valued at over $1 trillion and it has these governing factors.

In the last couple of minutes that I have, allow me to conclude by saying this. We all know that money makes the world go around. It is a well-trodden phrase, but it is true. Trillions of dollars are invested in the companies that we buy from, that employ us and that shape the world we live in. A lot of this money belongs to ordinary people and we all have a stake in the way it is spent, but many of the decisions on how it is invested are made behind closed doors. The investment system can be a force for good, but only if these decisions are made openly and with more than short-term profit in mind. We do not want our pension funds to, in any way, cause human misery around the world.

I do not think we often realize just how lucky we are to live in a place like Canada where we enjoy the rule of law and have strong institutions and accountability measures in place to hold corporations to account for their actions. People around the world should have the right to live in a healthy and ecologically based environment. They should have the right to be fairly compensated and respected for the work that they do. They should have the right to life, liberty and security of the person, free from slavery and torture.

We can no longer remain silent on these issues and it is time to demand that our CPP funds do the same. I hope my colleagues will give their utmost consideration to the bill before them and I am looking forward to any questions they may have.

Human Rights

[Wayne Stetski, NDP, Kootenay—Columbia, BC]

Mr. Speaker, I am pleased to rise with a second petition in support of Bill C-331, the international promotion and protection of human rights act. It is a positive bill in that its purpose is for Canada to maintain, promote and enhance its role in the international community as a country committed to upholding human rights and environmental sustainability worldwide. We have not always acted in the best interests of the societies or the environment where we have been involved internationally. This bill provides the opportunity to provide responsible international corporate standards and allows for pursuing legal recourse within Canada to deal with some of these infractions around the world.

The signators and supporters of this petition represent three million Canadians across Canada. They are asking the government to support Bill C-331.

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

Mr. Speaker, I am pleased to present a petition today with signatories from central Ontario, Peterborough, Otonabee and Lakefield, Ontario, who are adding their voices to the thousands of Canadians and organizations representing more than three million Canadians that support and call upon the Government of Canada to support Bill C-331, the international promotion and protection of human rights act, which would create a new civil cause of action that would allow Canadian federal courts to hear and decide claims for violations of international law that occur outside of Canada.

The petitioners believe very strongly in Canada's commitment to human rights, and Canadian companies have been involved in human rights abuses abroad. The petitioners call on the Government of Canada to support my bill, Bill C-331.

Opposition Motion—Government Policies

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I am very happy to rise in the House to speak to the opposition motion moved by my colleague from Elmwood—Transcona. I would like to approach this issue from a slightly different angle. I will begin by reading the preamble to the motion:

That, in the opinion of the House, corporate executives and their lobbyists have had too much access to and influence over the Government of Canada, setting working Canadians and their families back....

The preamble is crucial. The rest of the motion lists examples of how that influence is exerted, but the fact that there is undue and excessive influence on the part of corporate executives and their lobbyists is a growing problem here in Canada.

This is interesting because we started the day off with a debate on my colleague from New Westminster—Burnaby's Bill C-331, which is about giving Canadian courts the power to hold Canadian mining companies responsible for things they do in other countries. That makes perfect sense to me because they are Canadian companies. How interesting that the government was besieged by lobbyists representing the Mining Association of Canada and its members, who did not want the new ombudsperson for responsible enterprise to have more power over them. Although we still do not know exactly what the ombudsperson's duties are, we do know the position is vital to holding mining companies accountable, which explains why, even before the mandate was defined, there was a barrage of lobbying aimed at neutralizing the position.

There are many more examples. We have heard a lot about SNC-Lavalin, so I will not spend much time on that. Instead, let me talk about the web giants, also known as GAFA. In 2016, 2017 and 2018, while we were talking about them being given unfair advantages in Canada compared to Canadian companies, Google, Microsoft, Amazon and Netflix were unrelentingly lobbying the Liberal government.

Amazon lobbyists and executives had 99 meetings with the Canadian government in 2016-17. Google had 337 registered contacts. Microsoft, for its part, had 35 registered contacts. Netflix had 16. While all this was going on, we were debating whether companies like Google, Netflix, Facebook and Twitter should collect sales tax on their products and advertisements and pay income tax on their revenues. I did not include Amazon in this list, because Amazon Canada collects sales taxes.

This goes beyond lobbying. These companies have had privileged access to members of the government. For example, Google hired former Liberal chief of staff John Brodhead to run a program. Leslie Church, who worked as director of communications at Google, became the chief of staff to the then heritage minister.

As for Microsoft, its national director of corporate affairs used to be the director of operations and outreach for the then Liberal leader, who is now the Prime Minister. There are really a lot of ties between these people. Ultimately, the upshot of all this is that the status quo continues for telecommunications companies and American web giants. Nothing changes. Why? Because this lobbying is highly effective, and these companies can afford it.

My Conservative friends should not feel too smug, because they have some questions to answer about their own history with lobbying. The examples of Arthur Porter and KPMG have been raised in the House.

While CPA Canada, the organization that represents Canadian accounting firms, was seeking to intercede on behalf of its KPMG members, it signed a deal with the federal government to have a say in potential changes to CRA programs and services. This happened under the Conservative government.

Does anyone believe for one second that the whole SNC-Lavalin affair would not have happened under a Conservative government? We know that SNC-Lavalin secured a meeting with the Leader of the Opposition and several other MPs. That meeting was specifically about issues related to law and order and the administration of justice. It was clearly about the situation that has been making headlines for the past few months.

In 2012, I stumbled upon a CBC article published online under the following headline:

“Enbridge lobbying of Harper government a 'success story'.”

At that time, everyone was talking about the northern gateway pipeline. Apparently, there were dozens of meetings between the government and Enbridge lobbyists. In fact, in 2011-12 alone, meetings were held with 12 different lobbyists. In 2006 and in 2010, 27 different lobbyists lobbied the Conservative government to try to make northern gateway a done deal.

I find that interesting, because one of the groups that lobbied the government is called the Clean Air Renewable Energy Coalition, made up of groups as diverse as Enbridge, Shell and ConocoPhillips Canada.

I am not trying to blame anyone in particular, but rather point out the undue influence of the corporate sector in Canada. It is undue influence because it is not transparent and because these companies usually get whatever they want. If we really want to ensure transparency, we need to go further than just the registry of lobbyists. It is estimated that Canadian companies spend about $300 million a year on lobbying activities. Since this is considered to be part of their business activities, they are given tax credits worth about $100 million. This means that we are paying companies so that they can engage in lobbying in the hopes of influencing the government.

Perhaps that does not seem like a lot of money. Every year in the United States, roughly $2.6 billion are spent on lobbying. I want to illustrate just how much that is. That is more money spent on lobbying than is spent on funding the United States House of Representatives and Senate combined. American companies spend more money to appeal to and influence U.S. Congress than U.S. Congress budgets for its own operations. That shows just how powerful a force lobbying is in North America. That is true in the United States and it is true in Canada. Yes, we have the lobbyist registry, but no one knows exactly how much is spent. No one knows exactly how much money has been invested.

Our saving grace is probably the fact that we have a limit on contributions. Companies and corporations cannot contribute directly to campaigns, which makes our system different from the U.S. However, our lobbying system is not better than the U.S. There is more accountability and more transparency with respect to the lobbying that is done in the U.S. than there is in this country.

I will be voting in favour of the motion and I invite other members of the House to do likewise. The reason is simple. We need to be able to examine for ourselves the impact that lobbying has on the life of Parliament and the impact it has on the balance of forces in Canadian society. We do not talk about this enough, and we take for granted that the current reality cannot be changed. It is our responsibility to change that reality, to restore the balance that no longer exists, and to ensure that Parliament, the House of Commons, represents what it is supposed to represent, namely all of the ridings across Canada, not just the economic interests of corporations that are only looking out for number one.