International Human Rights Act

An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Philip Lawrence  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

In committee (Senate), as of May 29, 2024
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Department of Foreign Affairs, Trade and Development Act to impose certain requirements on the Minister of Foreign Affairs in relation to international human rights. It also amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to require the Minister of Foreign Affairs to respond to a report submitted by a parliamentary committee that recommends that sanctions be imposed under that Act against a foreign national.
In addition, this enactment amends the Broadcasting Act to prohibit the issue or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being significantly influenced by a foreign national or entity that has committed acts or omissions that theSenate or the House of Commons has recognized as genocide or that is subject to sanctions under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or under the Special Economic Measures Act .
Finally, it amends the Prohibiting Cluster Munitions Act to prohibit a person from investing in an entity that has contravened certain provisions of the Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-281s:

C-281 (2021) An Act to amend the Canada Shipping Act, 2001 (certificate of competency)
C-281 (2016) National Local Food Day Act
C-281 (2013) An Act to amend the Canada Transportation Act (discontinuance of listed sidings)
C-281 (2011) An Act to amend the Canada Transportation Act (discontinuance of listed sidings)

Votes

June 7, 2023 Passed 3rd reading and adoption of Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act
May 31, 2023 Passed Concurrence at report stage of Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act
May 31, 2023 Passed Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act (report stage amendment)
Nov. 16, 2022 Passed 2nd reading of Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-281 seeks to amend several existing acts to strengthen Canada's commitment to international human rights. The bill mandates increased government reporting on prisoners of conscience, seeks to enhance parliamentary oversight of Magnitsky sanctions against corrupt foreign officials, prohibits broadcasting licenses for entities linked to states recognized as committing genocide, and restricts investments in entities that violate the Prohibiting Cluster Munitions Act. The overall aim is to increase transparency, accountability, and action in Canada's approach to global human rights issues.

Conservative

  • Supports Bill C-281: The Conservative party supports Bill C-281, which aims to strengthen Canada's commitment to international human rights, provide tools for advocacy, and increase government transparency and accountability in addressing human rights abuses around the world. The bill has four main sections: prisoners of conscience, Magnitsky sanctions, the Broadcasting Act, and cluster munitions.
  • Reporting on prisoners of conscience: The bill mandates a reporting regime to provide oversight of the government's actions regarding prisoners of conscience, requiring the government to report on the number of prisoners of conscience it is aware of, the actions being taken to aid them, and whether publishing their names would be helpful.
  • Oversight of Magnitsky sanctions: The bill seeks to increase parliamentary oversight of Magnitsky sanctions, requiring the government to report on why it is not sanctioning individuals identified by the Senate, House, or a committee as human rights violators. It aims to prevent human rights abusers from enjoying privileges in Canada.
  • Preventing propaganda broadcasts: The bill amends the Broadcasting Act to prevent genocidal states from using Canadian airwaves to broadcast propaganda. The CRTC would gain the power to stop a genocidal state from broadcasting on Canadian airwaves.
  • Prohibiting cluster munitions: The bill seeks to reduce the ability of Canadian companies to finance the construction and manufacture of cluster munitions, which are indiscriminate weapons that primarily harm civilians and children.

NDP

  • Supports bill C-281: The NDP supports Bill C-281 at third reading. The bill aims to strengthen Canada's laws to better protect human rights and improve Canada's international human rights efforts, focusing on aiding individuals at risk, such as those detained or disappeared.
  • Amendment on list of prisoners: The NDP introduced an amendment regarding the list of prisoners of conscience to balance providing information to families and human rights defenders with the need to protect individuals' safety, ensuring caution in handling sensitive information.
  • Human rights strategy needed: The NDP proposed a human rights strategy for Canada, to benchmark the government's performance in protecting human rights, but the government voted against it, indicating a reluctance to undertake the necessary work.
  • Cluster munitions loophole: The NDP criticizes the Liberal government for maintaining a loophole in the Prohibiting Cluster Munitions Act that allows the Canadian military to use cluster munitions when working with militaries that also use them, accusing them of hypocrisy for not closing the loophole as they had previously advocated when in opposition.

Bloc

  • Supports increased transparency: The Bloc supports the bill's aim to increase government transparency on international human rights issues, enabling collaboration with organizations like Amnesty International and active involvement of families affected by unjust detentions.
  • Countering foreign interference: The Bloc supports stronger measures against corrupt foreign officials to address foreign interference, citing instances of threats and harassment within communities like the Uyghur community and concerns about Chinese diplomats, emphasizing the need for swift and consistent responses to protect Canadian sovereignty.
  • Prohibiting foreign propaganda: The Bloc supports prohibiting broadcasting licenses to foreign propaganda companies from countries recognized as having committed genocide or facing sanctions, referencing China's attempts to interfere in Canadian elections and influence political actors at various levels.
  • Addressing cluster munitions: The Bloc supports prohibiting investments in entities that contravene the Prohibiting Cluster Munitions Act, highlighting the dangers posed by unexploded ordnance, particularly to children.

Liberal

  • Supports amended bill: The Liberals support the bill in its amended form, which respects the independence of the CRTC and ensures it can use its full powers to deal with broadcasters under significant foreign influence. The original format of the bill was troubling, but has been significantly improved, thanks to Liberal proposals at the committee.
  • Human rights efforts: Canada is strongly committed to promoting and protecting human rights globally, as demonstrated by its candidacy for the UN Human Rights Council. The government aims to strengthen the international human rights system and stands up for the human rights of all Canadians, including 2SLGBTQI+ individuals.
  • Independent legal determinations: It is important to recognize the role of Canadian courts and international tribunals in making legal determinations of genocide and other crimes against humanity, and to ensure that political determinations made in the House are not confused with decisions that have full legal standing.
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International Human Rights ActPrivate Members' Business

June 5th, 2023 / 12:05 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I welcome colleagues, and I appreciate the opportunity to speak about Bill C-281, the international human rights act, and to congratulate my colleague. Over this journey we have had together on this bill, I have been working to get his constituency's name right. It is Northumberland—Peterborough South. I want to recognize the member for Northumberland—Peterborough South for putting forward this bill. I spoke at report stage about the provisions of this bill, and I want to focus on something else at third reading, which is how people will be able to use this bill.

I spent the entire parliamentary recess week in the greater Toronto area, meeting with different communities, with the primary goal of sharing and discussing Bill C-281. There was a lot of support from different communities, from the Yazidi community, the Persian community, various African communities, the Hong Kong community and eastern European communities. There is a lot of support for this bill in the impact it would have. People were asking how we would use it and what concrete difference it would make.

My hope is that Canadians of all backgrounds would eagerly await, every year, the government's publication of its annual report on international human rights. People will be able to look through that report to say, “What does the government say it is doing? What are the areas where the government is not doing enough?”

They will then be able to hold the government accountable and say, “Why has it not talked about Ethiopia? Why has it not talked about Yazidis? Why has it not talked about Rohingya this year?”

They will be able to look to see where the areas of action have been and where the areas of inaction have been and then hold the government accountable to ask why more has not been done. They can then look at the following year's report to ask if there has been progress in relation to the previous year's report or not. Are there individuals that communities want to see the government advocating for, in terms of their release? Are those names in the report? If they are not in the report this year, there is a jumping-off point for advocating for their inclusion next year

Right now, so much of this advocacy, whether it concerns prisoners of conscience, human rights in general or listing individuals under various sanctions provisions, happens in a bit of a black hole of information. There are no requirements right now around this sort of reporting. If people want to advocate for individuals to be listed, for sanctions to be considered in various ways or for human rights advocacy, it can be very difficult to know what the government is doing and where the access points are for that advocacy.

This bill strengthens the Canadian government's engagement on human rights, we hope. It strengthens the tools that parliamentarians have, but it also provides broader tools for communities across the country who are concerned about human rights issues.

If one wants to see somebody sanctioned for human rights abuses they are involved in, one can advocate directly to members of Parliament, who can then put forward motions at committee. If one wants to know whether the government is doing anything on a particular human rights issue, one can look at the human rights report and ask if it is doing anything, if it is not doing enough or if one is satisfied. Then one can advocate for the government to change its approach and hope to see that change in approach reflected the following year.

This is important for communities of people who are concerned about human rights issues, not because this bill is going to usher in nirvana, and not because things will be perfect after the bill is passed, but because it provides critical tools of advocacy and mechanisms for people to know what is going on, to advocate and to make a difference.

International Human Rights ActPrivate Members' Business

June 5th, 2023 / 12:10 p.m.

The Assistant Deputy Speaker Carol Hughes

The member for Northumberland—Peterborough South has the floor for his right to reply.

International Human Rights ActPrivate Members' Business

June 5th, 2023 / 12:10 p.m.

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I would like to start by thanking all of the individuals who played such important roles in getting this legislation before the House today, up for a final vote and, hopefully, off to the Senate.

I will start with thanking the hon. member for Sherwood Park—Fort Saskatchewan. He worked very closely with me in drafting and putting this legislation together. I would like to also thank all of the non-government agencies and the families of victims who I had the opportunity to talk to, along with all the groups from various communities across the country and the world that have come together to signal their support. I would also like to thank Bill Browder for his support.

I have many thanks for the contributions from the members of the different parties who helped out, including the Bloc Québécois, the NDP and the Liberal Party. There were some substantial amendments made at committee. There was significant debate and long discussions. I am proud to say that I think we finished in a very good place.

There were a number of concerns. I do not think any one of our parties got exactly what we wanted out of the amendment process, but perhaps that is a signal that we got what we should get, with one exception. I thought the NDP amendment for a plan of strategy for human rights was excellent. I was sad to see it ruled out of order by the Chair.

As I said, this legislation has four critical parts that I believe would help the cause of human rights in Canada and around the world. The first of these respects prisoners of conscience, those heroes around the world who are fighting for important rights, such as for young girls to have the ability to pursue an education; for people to have the ability to live in a country free of government tyranny; and for people to pursue democracy, freedom and liberty and live their lives as they see fit without potentially fearing imprisonment or worse. The part on prisoners of conscience is critical.

The second critical part is having parliamentary oversight of Magnitsky sanctions. This is important. I am hopeful that this piece of legislation will not only allow Parliament to make its reports, but also encourage the government, maybe even future Conservative governments, to take the steps they need to make sure Magnitsky sanctions are put in place against some of the worst offenders. As I have said numerous times, it just seems shameful to me that, in this day and age, we allow violators of human rights to torture their victims in the morning and then take their private jets to fly around the world to hobnob with the world's elite in the afternoon.

Third, with respect to the Broadcasting Act, I think this is an amendment that only makes sense. Genocidal states should not be allowed to use Canadian airwaves to tout their propaganda. Just to add to that, we have seen what foreign interference can mean for our democracy and the challenges that can impose. Canadians should have a full, free and open ability to understand and give consent. We should also make sure that genocidal states are not broadcasting their hatred on Canadian airwaves. That seems to be only common sense.

Finally, with respect to cluster munitions, of course these are horrible, terrible things. Canada has had a leading role, going all the way back to the Harper government, in outlawing and making them illegal. This will reduce the ability of Canadian companies to finance the construction and manufacture of cluster munitions.

I am proud to be the sponsor of this bill and proud to be the member for Northumberland—Peterborough South.

International Human Rights ActPrivate Members' Business

June 5th, 2023 / 12:15 p.m.

The Assistant Deputy Speaker Carol Hughes

The question is on the motion.

If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.

International Human Rights ActPrivate Members' Business

June 5th, 2023 / 12:15 p.m.

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Madam Speaker, I request a recorded division.

International Human Rights ActPrivate Members' Business

June 5th, 2023 / 12:15 p.m.

The Assistant Deputy Speaker Carol Hughes

Pursuant to order made on June 23, 2022, the division stands deferred until Wednesday, June 7, at the expiry of the time provided for Oral Questions.

International Human Rights ActPrivate Members' Business

June 7th, 2023 / 4:15 p.m.

The Speaker Anthony Rota

Pursuant to order made earlier today, the House will now proceed to the taking of the deferred recorded division on the motion at third reading stage of Bill C‑281 under Private Members' Business.

(The House divided on the motion, which was agreed to on the following division:)

Vote #355

International Human Rights ActPrivate Members' Business

June 7th, 2023 / 4:30 p.m.

The Speaker Anthony Rota

I declare the motion carried.

(Bill read the third time and passed)

International Human Rights ActPrivate Members' Business

June 7th, 2023 / 4:30 p.m.

The Speaker Anthony Rota

Order. It is my duty, pursuant to Standing Order 38, to inform the House that the question to be raised tonight at the time of adjournment is as follows: the hon. member for Port Moody—Coquitlam, Infrastructure.