Bill C-47 (Historical)

An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments)

This enactment amends the Export and Import Permits Act to
(a) define the term “broker” and to establish a framework to control brokering that takes place in Canada and that is undertaken by Canadians outside Canada;
(b) require that the Minister take into account certain considerations
before issuing an export permit or a brokering permit;
(c) authorize the making of regulations that set out additional mandatory considerations that the Minister is required to take into account before issuing an export permit or a brokering permit;
(d) set May 31 as the date by which the Minister must table in both Houses of Parliament a report of the operations under the Act in the preceding year and a report on military exports in the preceding year;
(e) increase the maximum fine for a summary conviction offence to $250,000;
(f) replace the requirement that only countries with which Canada has an intergovernmental arrangement may be added to the Automatic Firearms Country Control List by a requirement that a country may be added to the list only on the recommendation of the Minister made after consultation with the Minister of National Defence; and
(g) add a new purpose for which an article may be added to an Export Control List.
The enactment amends the Criminal Code to include, for interception of private communications purposes, the offence of brokering in the definition of “offence” in section 183.

Bill C-74—Time Allocation Motion

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I think that with five time allocation motions over the last few days, it is becoming pretty clear that despite the election promises of the Liberals, they are essentially picking up where the Conservatives left off in how they manage House business. It is clearly a disappointment to Canadians who thought they were voting for something different.

However, the thing about time allocation is that we will hear a lot of members get up and say they want a chance to speak, and members must have that chance to speak. That is true, but the really nefarious thing about time allocation, in my opinion, is that there are all sorts of groups in civil society that want to weigh in on these bills, whether it is on a carbon tax or on Canada's accession to the arms treaty.

I was just talking to a colleague who told me that a petition was started on Friday, criticizing the government for Bill C-47's exclusion of Canadian arms exports to the U.S. for purposes of the Arms Trade Treaty. Today, that petition has over 30,000 signatures. Those are Canadians who want the time to make the case to the government to make those changes, and it is those Canadians in civil society who are also being robbed of the time to make a difference with respect to legislation.

I am wondering why the minister thinks it is acceptable to prevent civil society from weighing in on these bills.

Report Stage

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, certainly I think Canada should govern on its own, and where we can work collectively with multilateral organizations, including the UN, we should, and we should take some guidance and some education from them and share in a number of goals.

However, I have seen, including in the debate on Bill C-47 today, that the Liberals, in their pursuit of the Security Council seat, almost seem willing to outsource our legislative agenda to another body. I would remind the member that this month the UN committee on disarmament is going to be chaired by Syria. The only country to actually use chemical weapons is now chairing the body to prevent the use of chemical weapons.

What we should do is work on the sustainable development goals, but also take ownership of our own house. The polluter pay principle does that.

When it comes to the 90 agencies the member mentioned, I do have some concerns. When the Auditor General says that the government cannot manage a project in a fashion that would be acceptable to the levels set by the Auditor General, we should be worried when we are foisting more challenges on more departments. Therefore, while I share the sustainable development goals we have, my concern is we have to be able to deliver. We own our own responsibility, and we should not think that signing on to something globally negates our ability to legislate here in Canada.

Bill C-47—Time Allocation Motion

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

Mr. Speaker, I was listening earlier to my friend and colleague, the member for Perth—Wellington, describe students handing in their homework late, something that I can very much identify with, because I used to be one of those students. I look at the actions of the Liberal government and see that kind of behaviour replicated, because it takes one to know one. I get a sense that the House leader's office has looked at the calendar and said, “My goodness, the due date is coming, we have to rush and make up for all of the inaction over the rest of the parliamentary year.”

That aside, we are debating time allocation on Bill C-47 and I want the minister to tell me why he is rushing through such a flawed bill, and why the bill does not have any provisions within it to track the exports of Canadian arms to the United States. That is of great concern, because as a result of what President Trump is doing in the United States, there is a very real concern that components of arms manufactured in Canada could be funnelled to countries that have gross human rights violations. Why is that aspect left out of the bill and why are the Liberals ramming it down Parliament's throat when it is so flawed?

[Kevin Sorenson, Conservative, Battle River—Crowfoot, AB]

Mr. Speaker, again I stand in this place tonight disappointed. I guess the government realizes how little it has done throughout the year and now wants to rush through some of this legislation.

My constituents who are law-abiding gun owners in Battle River—Crowfoot know that Bill C-68, the long gun registry, was originally one of the reasons I got into politics. I want them to know that the government's priority tonight, before we break for summer, is to give the United Nations, not Ottawa, which would have been bad enough, the ability to make gun laws for my law-abiding farmers and ranchers, and also to take certain measures that, as we heard from the minister, the Liberals hope would show the world that we are leaders in the world if we just buy into this UN piece of legislation.

We are seeing two bills this year. We are seeing this one, Bill C-47, which the Liberals have moved closure on, but we are also seeing Bill C-71, which is basically a companion-type legislation. The Liberals bring both bills together, because they want to have power over law-abiding firearm owners.

I notice that the minister who is to shepherd this bill through the House tonight is not even here for the debate, or maybe I am not supposed to say that. However, it is unfortunate that another minister is doing standby duty for someone else tonight.

I would ask him to comment on the two pieces of legislation dealing with firearms, and why it is so vitally important that we move on this so quickly.

[Blaine Calkins, Conservative, Red Deer—Lacombe, AB]

Mr. Speaker, here we go. This is the fourth time allocation we have had in the last two days. I think it is now at 38, with the government at its current pace, but the night is still young. I am sure we will have a couple more.

I could not be happier to see time allocation moved on Bill C-47. This bill would actually do nothing to reduce the trafficking of firearms. I know that it is well-intentioned. I know that it is the United Nations' intention to do this. However, for the same reason that criminals in Canada do not register their guns or buy their guns legally, international gunrunners are not going to be complying with the United Nations Arms Trade Treaty. They are not going to be complying with all the entry and exit requirements that are now going to be foisted upon manufacturers and those in the shipping business of legal firearms, which are hopefully going to make their way into the hands of law-abiding citizens. The reality is that this is another bill that is a make-work project by the United Nations, which, of course, any Liberal government in the past has been all too happy to follow.

I am going to ask the minister a direct question. Syria has used chemical weapons extensively. It has been ostensibly proven that the Syrian government has used chemical weapons on its own people, but it is now chairing the conference on disarmament. Given that this is just one of the instances in the track record of the United Nations, why is the minister rushing headlong into another United Nations agreement?

[Lloyd Longfield, Liberal, Guelph, ON]

Mr. Speaker, I remember that, when we were first elected, there was some consternation over an agreement we had for arms going to Saudi Arabia. The Prime Minister stood in the House and said that we would honour previous agreements, as a change of government should not change the legal requirements that we have signed onto as a government.

Now that we are looking at Bill C-47 in a new light, how can we make sure that Canadian defence equipment is being used for humanitarian purposes?

[John Nater, Conservative, Perth—Wellington, ON]

Mr. Speaker, before I came to this place, I had the great honour of teaching some university courses at King's University College. One of the courses I taught was POLI 1020: Introduction to Political Science. I had some great students who worked hard all semester, but there was the odd student who partied a little too hard and waited until the last minute to do the assignments and hand them in. There was usually a 3 a.m. email asking for an extension. Those students really did not do the work throughout the semester.

That is exactly what we see right now with the Liberals. They have had a little too much fun all year. They first tabled this bill on April 13, 2017, and now, at the last minute, after only one day of debate at report stage, they brought in time allocation. After bringing in time allocation and closure three times yesterday, here we have a fourth one within 48 hours.

I want to ask the Minister of Families, who for some reason is answering on Bill C-47, why the government has squandered more than a year of parliamentary time when it could have been debating this issue, and then all of a sudden, when time is limited right before the summer recess, it decides to ram all these bills down Parliament's throat at the last minute.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, here we go again with time allocation for yet another bill. I think we are now up to 36 or 37 uses of time allocation by a party that suggested in the last Parliament that such procedural motions were an “assault on democracy”. That is the quote of the parliamentary secretary, who is now one of the minions in charge of executing this policy. The hubris involved in that is unbelievable.

My question on Bill C-47 comes down to the reasonableness of the request of anglers, hunters, and first nation hunters who lawfully use firearms. All they wanted to see from the government was a basic recognition in the bill that lawful uses, such cultural use and sport hunting, would be exempt from the UN treaty. They were led to believe that would come, yet here we are. There is no such direct provision in the legislation, and the government is rushing through debate on Bill C-47, alongside its companion piece of legislation, Bill C-71.

My question is simple. Why not have a reasonable exemption for lawful use?

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

moved:

That in relation to Bill C-47, An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments), not more than five further hours shall be allotted to the consideration of the report stage and one sitting day shall be allotted to the consideration at third reading stage of the said bill; and

That, at the expiry of the five hours provided for the consideration at report stage and fifteen minutes before the expiry of the time provided for government orders on the day allotted to the third reading stage of the said bIll, any proceedings before the House shall be interrupted, if required for the purpose of this order, and in turn every question necessary for the disposal of the stage of the bill then under consideration shall be put forthwith and successively without further debate or amendment.

Foreign Affairs

[Andrew Leslie, Liberal, Orléans, ON]

Mr. Speaker, Canada remains a strong defender of the rule of law and of human rights internationally.

In the Philippines, Canada takes specific and concrete action by recognizing and supporting human rights defenders, encouraging a free and open press, providing training on international laws governing human rights, and supporting the peace process in Mindanao.

We also are committed to a strong and robust arms control system that rightly takes into consideration human rights concerns. A key part of this is acceding to the Arms Trade Treaty through Bill C-47, which closes the very loopholes that my distinguished colleague is concerned about.

We encourage the NDP to support Bill C-47 at the appropriate time.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, the parliamentary secretary said that we are advocating for human rights in the Philippines. I am sure we are advocating for human rights in Saudi Arabia also, but on the other hand, we are selling them arms.

My colleague also said that the Minister of Foreign Affairs would have done a human rights analysis of any potential export permit. What the government does not seem to get is that it did not need an export permit because of those loopholes.

Despite the Liberals saying that all government departments will be covered with that, I would challenge the parliamentary secretary to tell me where in Bill C-47 the Canadian Commercial Corporation is mentioned, or the Department of National Defence. In fact, Canadian officials have told us that Bill C-47 would not change anything in what the Canadian Commercial Corporation can do now and that DND would continue to have a separate system.

When the Liberals say they are closing the loopholes, they are the only ones saying they are closing the loopholes. All the experts disagree with them. I would like them to listen to what the experts have to say on this subject.

[Andrew Leslie, Liberal, Parliamentary Secretary to the Minister of Foreign Affairs (Canada-U.S. Relations)]

Mr. Speaker, I would like to begin by noting that Canada strongly advocates for human rights in the Philippines. In fact, the Prime Minister and the foreign affairs minister raised our concerns directly with their counterparts in the Philippines at the most recent ASEAN meeting.

We also raised our ongoing concerns at the last universal periodic review of the Philippines in 2017. This included the need for the Philippines to end extrajudicial killings, illegal arrests and detention, torture and harassment; prevent, eliminate, and end impunity for all forms of sexual violence; strengthen the protection of children's rights; and refrain from reintroducing the death penalty.

Like tens of thousands of soldiers wearing the Canadian uniform, I and many others like me have fought for human rights on behalf of Canada to protect the weak and the innocent.

While I cannot speak to the activities of the Canadian Commercial Corporation, which falls under the responsibilities of my trade colleagues, to which my hon. colleague referred, I can say that the Minister of Foreign Affairs was abundantly clear about the particular contract raised by the member during question period.

As the Minister of Foreign Affairs has said, “I will conduct an extremely rigorous human rights analysis of any potential export permit application related to this contract”—specifically the Philippines—and “I have the power to deny a permit if I feel that it poses a risk to human rights and I am prepared to do so.”

I would also like to point to a key clarification, which is also related to my colleague's comments during the debate on Bill C-47 earlier today.

Under international law, when a state accedes to a treaty, it obviously agrees formally to be legally bound to the provisions of the treaty. For Canada, this includes all federal government departments, such as Global Affairs Canada, the Department of National Defence, and crown corporations such as the Canada Commercial Corporation. This is exactly what the hon. member was talking about in terms of closing loopholes. Bill C-47 would do just that.

Acceding to the Arms Trade Treaty would ensure that the CCC is bound to the national provisions. This is a concern my hon. colleague has previously raised, and her concerns are being addressed.

I am, however, disappointed that my hon. colleague seems to have indicated that the NDP will no longer support Bill C-47, which is ironic because doing so would allow Canada to accede to the Arms Trade Treaty and close the loopholes that quite rightly concern her. If this is so, then her party will be voting against ensuring the CCC applies the very criteria for which she has indicated such a passion.

Our government is committed to the protection and promotion of human rights around the world, and we remain committed to a strong arms exports system that Canadians can have confidence in.

[Hélène Laverdière, NDP, Laurier—Sainte-Marie, QC]

Mr. Speaker, I am here to talk about the sale of Canadian helicopters to the Philippines, whose president said that he once threw someone out of a helicopter and would not hesitate to do it again. He sees that as a good way to get rid of political opponents.

This sale was the subject of a deal between the Department of National Defence and the Philippines government brokered by the Canadian Commercial Corporation. When the sale in question became public knowledge, the government said the Canadian Commercial Corporation would have to review it. Finally people started asking questions.

The real problem was that the system did not catch the sale in time. We had the media, not the minister, tell us about it. Then the minister told us that she would closely scrutinize the export permit request. Maybe the minister did not know, but she would never see an export request because our system is full of holes. This is worrying.

As I said, this deal would have gone ahead and we would not had known about it if some investigative reporter had not been able to get the information. One has to wonder how many such deals have gone ahead without us knowing.

The helicopter story is not over, since there are reports that the company that wanted to sell the helicopters is now considering sending it in parts to the United States and then having the parts sent to the Philippines.

We can learn a lot from the Philippine helicopter story, since it exposes some major flaws in our current system, and these flaws will still exist after Bill C-47, to implement the Arms Trade Treaty, passes.

Some exports to the United States are not controlled. The company could use this to circumvent the Canadian government. Then, there is the fact that Bill C-47 does not cover the activities of the Department of National Defence or the Canadian Commercial Corporation. This is what originally led us to this agreement, and nothing will end up being changed.

The Liberals say that they listened to experts about acceding the Arms Trade Treaty, but this is not true. The Liberals addressed a few issues, but the experts were primarily concerned about sales to the United States, and this problem will continue.

Bill C-47—Notice of time allocation motion

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons and Minister of Small Business and Tourism]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the report stage and third reading stage of Bill C-47, an act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments).

Under the provisions of Standing Order 78(3), I give notice that a minister of the crown will propose at the next sitting motions to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Citizenship and Immigration

[Celina Caesar-Chavannes, Liberal, Parliamentary Secretary to the Minister of International Development]

Mr. Speaker, my hon. colleague ended his speech by saying that this was not a delay tactic, that members in our communities had very real issues. He described one that was very heartfelt. I do appreciate the work he does on behalf of his constituents.

However, today we are supposed to be debating Bill C-47, about which I know the member for Laurier—Sainte-Marie is very passionate, ensuring that Canada's cedes to the Arms Trade Treaty. I know that at some point along the way, we will hear the comments that members did not have enough time to debate this important legislation.

As I mentioned, the report was tabled in March 2017. The government provided a comprehensive report. We have heard from the parliamentary secretary, the minister, and others about the work we have done around this to ensure that each of the recommendations are fulfilled and that we try to make the experience for those immigrating to Canada as best as possible.

Does my colleague not think we should be debating Bill C-47, particular legislation that is very important to his colleague, the member for Laurier—Sainte-Marie?