Bill C-281

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 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.

Human Rights

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, the next petition is also in support of a private member's bill, Bill C-281, which is currently before the foreign affairs committee.

Petitioners note the importance of Canada's standing up for the rights of ethnic, religious and other minority groups targeted by human rights violations around the world, and they see this bill as an important step and an important tool in that fight for greater Canadian engagement in international human rights. They want to see the House act quickly to adopt Bill C-281, the international human rights act.

[The Chair, Liberal, Ali Ehsassi]

Thank you very much.

On that note, I want to thank you, Mr. Neve, and to thank you, Madam Harth, for being here with us to speak on the issue of Bill C-281. We very much appreciate your time, your expertise and your perspectives. Thank you.

Members, we will be going in camera for committee business. Those of you who are joining us virtually can leave and then join us again through the hyperlink that was just emailed to you. Hopefully, we can do it in a couple of minutes.

[Proceedings continue in camera]

[Alex Neve]

Dong Guangping in two minutes.... Dong Guangping is an incredible Chinese human rights defender who has been imprisoned three times in China because of his advocacy, a lot of which has been related to Tiananmen Square.

He and his wife and daughter escaped from China in 2015. He almost made it to Canada at the time. He was accepted for refugee resettlement, but where they were in hiding, the Thai government unfortunately handed him over to Chinese officials just days before he was to fly to Canada. He was sent back to China and imprisoned again. He was then released from that third period of imprisonment. He was determined to once again find his way to freedom, especially given that his wife and daughter were now here in Canada. Obviously, he wanted to be with them.

His first incredible attempt was to actually swim to freedom. He tried to swim off the coast of China to reach an offshore island controlled by Taiwan. He almost drowned. He didn't make it. He was rescued by a fishing boat and taken back to China. He tried another time, that time going overland to Vietnam, where he remained in hiding for two and half years—enduring COVID, for instance—concerned about not coming to the attention of Vietnamese officials, while the Canadian government carefully tried to see what they could do to encourage Vietnam to let him leave the country and come to Canada.

Unfortunately, on August 24 of last year, seven months ago, while it looked like his departure for Canada was drawing closer, he was arrested by Vietnamese police. There has been no word of him since.

To connect it up with Bill C-281, I think the family—and certainly advocates—have very much welcomed Canada's involvement in trying to advocate on his behalf. In particular, Prime Minister Trudeau and Minister Joly raised it at high levels back in the fall when they were in Southeast Asia for a number of summits, but beyond that, it's been very difficult for the family to have any clarity as to what is or is not being done.

There are assurances that it's being taken up, but there's never any reporting as to what that looks like and no indication as to what the results are or the outcome is. I think it really leaves the family very much in the dark. It's one of the reasons why I emphasize that the bill could be significantly strengthened if it paid attention to that side of this. How do we ensure that family members and advocates get more reliable information?

[Alex Neve, Senior Fellow, Graduate School of Public and International Affairs, University of Ottawa, As an Individual]

Thank you, Mr. Chair.

I thought you were going to suggest you would be taking a selfie of us or something.

It's a pleasure to be here with you as you look at this important legislation.

Since the adoption of the Universal Declaration of Human Rights almost 75 years ago, states have developed an extensive range of standards, bodies and processes for protecting human rights internationally.

There are 18 core UN human rights treaties and option protocols. Ten expert committees oversee state compliance with those treaties. The UN Human Rights Council meets three times per year as well as has frequent special sessions. The council's universal periodic review process reviews the human rights record of every UN member state once every four and a half years. The council's special procedures system of 45 thematic- and 14 country-focused independent experts rigorously scrutinizes human rights challenges around the world. Independent commissions of inquiry established by the council conduct in-depth investigations of situations of widespread human rights violations around the world.

There is all of that, yet our world continues to face massive human rights challenges. Governments on every continent show contempt for the binding obligations they have assumed. Accountability and enforcement are weak, relying primarily on notions of good faith and self-interest.

Canada has played a key role in advancing much of that progress and is widely respected as an international human rights champion, but there is so much more we can and must do.

One side of that—not the focus of today's session—is that we absolutely must set a stronger example of effectively implementing our own international human rights obligations domestically. The other dimension is that, while Canadian governments speak about the importance of human rights in our foreign policy, we do not back that up with transparent and accountable commitments, plans and reporting to demonstrate concretely that human rights come first for Canada on the world stage.

Bill C-281 takes a step in that direction on two fronts: an annual report outlining measures the government takes to advance international human rights and a list of prisoners of conscience for whose release Canada is advocating. I believe these two proposals can and should go further.

With respect to the first, an annual report that is not grounded in a strong foundational framework will, I fear, come up short. That is why advocates have called on Canada for many years to adopt a whole-of-government international human rights action plan developed on the basis of consultations with civil society and indigenous peoples' organizations, updated on a regular basis and subject to annual progress reports, which are reviewed by Parliament and released publicly.

I would suggest an amendment to Bill C-281 to require the development of just such an action plan and reporting processes of that nature.

With respect to the second provision, there are a number of considerations to keep in mind. Let me highlight just two.

First, “prisoners of conscience”—a powerful term that comes out of decades of campaigning by Amnesty International—is, nevertheless, not defined in law. There are many unjustly detained prisoners whose situations may well fall outside of that term, such as individuals facing torture, disappearances or the death penalty. I would suggest instead that the focus be on individuals who are detained or facing other treatment that contravenes international human rights obligations.

Second, there are several strategic considerations related to publicizing prisoner lists. While we do absolutely need more transparency and accountability, there are also legitimate reasons for caution and confidentiality. Some prisoners' situations may benefit from publicity and others may not. I worry about the message that may be conveyed if a case doesn't appear on the list, whatever the reason for that may be.

Having been involved over many decades in efforts to encourage Canadian diplomacy with respect to prisoner cases, including of Canadian citizens who are unjustly imprisoned abroad, a more pressing concern for me has been the failure and even refusal to provide meaningful information to family members, lawyers and civil society groups actively engaged on particular cases.

Instead of focusing only on a public list of prisoners' names, I would urge that Bill C-281 be amended to mandate the development of a clear strategy for Canadian government diplomacy on prisoner cases, perhaps to be included in the international human rights action plan, that incorporates the following standards. One would be to ensure consistency, including with respect to public advocacy. Two would be for stronger engagement with families, lawyers and civil society working on prisoner cases. Three would be to guide public reporting of the government's efforts, including the numbers of cases taken up, activities undertaken and the human rights concerns involved.

Thank you. Those are my comments.

[The Chair, Liberal, Ali Ehsassi]

Welcome back, everyone.

Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumes consideration 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.

Now it's my great pleasure to welcome our two esteemed panellists.

First, we have Mr. Alex Neve, who, as you all know, is the senior fellow at the graduate school of public and international affairs at the University of Ottawa. We also have with us, from the foundation of Safeguard Defenders, Ms. Laura Harth, who is the campaign director. She was here last week as well, appearing as a witness before another committee.

We're very grateful to have you both.

First, we will start off with opening remarks by each of you, which will be followed by questions from the members. You will each have five minutes. Once you're very close to the end of your time slot, I will hold this up and I would be grateful if you wrapped up your replies or comments as soon as possible.

Given that you are here in person, Mr. Neve, the floor is yours. You have five minutes.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the second petition is in support of my colleague from Northumberland—Peterborough South's Bill C-281, the international human rights act.

Petitioners note the importance of Canada's defending human rights and adjusting legislation to ensure the government is accountable to Parliament in the ongoing fight for justice and human rights. Petitioners call on the House to quickly adopt Bill C-281, the international human rights act.

[The Chair, Liberal, Ali Ehsassi]

If that is the will, then in the context of Bill C-281, would it be okay with everyone that the deadline for the submission of amendments to the clerk of the committee be no later than 5 p.m. on Wednesday, April 12, 2023?

[The Chair, Liberal, Ali Ehsassi]

Thank you very much.

As proposed in the calendar sent to everyone on February 24, is it the will of the committee to do the clause-by-clause consideration of Bill C-281 on Tuesday, April 18, 2023?

[The Chair, Liberal, Ali Ehsassi]

Dr. Fry, I'm afraid you're out of time.

At this point, allow me to thank Ms. Awad, Ms. Langlois, Ms. Hulan, Mr. Marder and Ms. Liao-Moroz. We are very grateful for your guidance and for your insights.

Before we actually do adjourn, I have a few very quick housekeeping matters.

First of all, the budget for consideration of Bill C-281 was sent to all members on March 20, 2023. That would have been Monday. Is it the will of the committee to adopt that budget?

[Angelica Liao-Moroz]

Thank you for the question.

You refer to the text of the amendment that talks about pecuniary or monetary interests. I would just add to what has already been said. Our understanding, based on legal advice in the department, is that Bill C-281, as it's currently worded, would expand the criminal liability beyond the scope of what's currently already prohibited in the language of “aiding and abetting”.

As an example, it could be considered a crime, with the current wording of the amendment, if an investment was made in a company that no longer produces cluster munitions but somebody had previously invested in that company, the legal assessment that our department has is that the individual could potentially be criminally liable, even though there may not have been the intent.

The intent is the key part of it. That's a really important element, and we look forward to the committee's further study of that and how we can work to have workable language.

If there are further questions in terms of what would constitute a criminal offence, we would have to circle back to you with an answer once we have further legal advice.

[Stéphane Bergeron, Bloc, Montarville, QC]

Thank you, Mr. Chair.

Bill C‑281, among other things, seeks to prohibit any person from having a pecuniary interest, directly or indirectly, as a shareholder, partner, or lender, in a business that has violated the prohibitions of the act or has aided or encouraged another person to violate the prohibitions of the act.

So you would legislate to penalize any person having direct or indirect interests in a business which manufactures cluster munitions. Yet is there not a risk that Canadians may have unknowingly invested in such a business and would then be targeted by the provisions of the bill?

Would it not be preferable to use New Zealand's legislation as a model? It focuses on the intent rather than on shareholders or participants having a direct or indirect financial interest in a business which manufactures cluster munitions.

[Heidi Hulan, Assistant Deputy Minister and Political Director, International Security and Political Affairs, Department of Foreign Affairs, Trade and Development]

Thank you, Mr. Chair.

Good afternoon.

I thank the chair for inviting my colleagues and me to discuss private member's bill C-281, which makes amendments to the following four acts: the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, the Prohibiting Cluster Munitions Act, and the Broadcasting Act.

Canada's commitment to the promotion and protection of human rights has not wavered. To further demonstrate this commitment, today we will outline areas where the government could make improvements to the bill and we look forward to the upcoming discussion on opportunities to enhance Canada's existing toolkit to advance human rights.

To begin, this bill proposes two amendments to the Department of Foreign Affairs, Trade and Development Act. First, there are new reporting requirements for the Minister of Foreign Affairs on Canada's efforts to advance human rights. Second, it proposes that Global Affairs Canada publish a list of the names and circumstances of prisoners of conscience held around the world whose release the government is actively seeking.

We welcome the call for an annual report on Canada's engagement in human rights, which will demonstrate the breadth of Canada's activities to advance human rights internationally, including our support of human rights defenders worldwide. There are numerous ways for the department to deliver a substantive report that provides transparency while also ensuring that our approach to foreign relations remains agile.

The bill also proposes to publicize a list of names of prisoners of conscience. While there is no international or domestic legal definition for the term itself, Canada is actively engaged in support of human rights defenders around the world. Such engagement is premised on key principles, including do no harm and only take action on a particular case with the free, full and informed consent of the human rights defender in question.

Publicizing a list of names and circumstances of human rights defenders where there is Canadian engagement cannot guarantee that these principles will be respected. Importantly, it would risk impeding diplomatic actions and could endanger the safety of the individuals concerned. That said, an annual report will give the opportunity to present Canada's broad engagement in support of human rights defenders.

Turning to Bill C-281's amendment to the Justice for Victims of Corrupt Foreign Officials Act, this amendment requires the Minister of Foreign Affairs to respond, within 40 days, to reports submitted by parliamentary committees that recommend sanctions be imposed against a foreign national, with the response subsequently published online.

We note Bill C-281's proposed 40-day response period is an entirely new reporting requirement for the minister, and it is not aligned with the existing standard practice for government responses, which is 120 days for the House of Commons and 150 days for the Senate, as is known better by people in this room than by us. We assess that the limited time frame associated with this proposal could impact the current rigour and judiciousness of Canada's approach to the imposition of sanctions. It presupposes Governor in Council approval, and it also risks the sanctions becoming ineffective.

Given these risks, our recommendation is to modify the proposal to instead require the acknowledgement and consideration of the committee's recommendation, but otherwise to align with standard practices and due diligence processes. We believe these amendments would respect the overall intent of Bill C-281.

Turning now to Bill C-281's amendments to the Prohibiting Cluster Munitions Act, we welcome the proposal to place prohibitions on direct investments, as it makes it explicitly clear that it is illegal for Canadians to make direct investments in cluster munitions and the industry. Canada is already fully compliant with the Convention on Cluster Munitions through our implementation of the PCMA, and these amendments further demonstrate Canada's commitment to eliminating these deadly and indiscriminate weapons.

Bill C-281 also introduces prohibitions on indirect investments. While this amendment is clearly well-intentioned, it poses a challenge to enforcement because it potentially criminalizes indirect investors, such as holders of pensions and retirement funds, who may be unaware of what investments they hold. Focusing the amendments in Bill C-281 exclusively on direct investments would ensure that the bill is enforceable and clear to Canadians, while contributing to a world free from cluster munitions.

Finally, with regard to the Broadcasting Act, Bill C-281 amends the Broadcasting Act by prohibiting the issuance, amendment or renewal of broadcasting licences to broadcasters who are “vulnerable to being influenced” by particular foreign nationals or entities of concern, including those who the House of Commons have determined committed genocide.

The bill's approach includes language that is overly broad, restricts the regulator's ability to find solutions and links the determination of genocide to a political statement rather than a legal determination.

By refocusing the language of Bill C-281, Parliament has an opportunity to strengthen and protect the integrity of our broadcasting system. To do this, we suggest better defining the relationship between the broadcasters and foreign entities, linking the determination of genocide to decisions by domestic or international tribunals and removing the prohibition on licence amendments, which can allow regulators to reduce the potential influence of a bad actor while maintaining the prohibition on the issuance and renewal of licences.

In concluding my statement, I would just like to note that we have taken good note of the strong cross-party support that this bill enjoys and that the issue of human rights enjoys. Let me say that, for the men and women of the Canadian foreign service who are defending human rights around the world, the existence of strong cross-party support in our Parliament for human rights gives us enormous legitimacy for that work.

That brings me to the end of my opening statement. We're at the committee's disposal to answer any questions.

[The Chair, Liberal, Ali Ehsassi]

Welcome back, everyone.

Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumes consideration 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, the Broadcasting Act and the Prohibiting Cluster Munitions Act.

It is now my great pleasure to welcome to the committee five different officials.

First of all, from Global Affairs Canada, we have Ms. Heidi Hulan, assistant deputy minister, international security; Ms. Marie-Josée Langlois, director general, strategic policy branch; Ms. Angelica Liao-Moroz, executive director, non-proliferation, disarmament and space; and Mr. Jeffrey Marder, executive director, human rights and indigenous affairs. It's also our great pleasure to have with us today Ms. Amy Awad, senior director, marketplace and legislative policy, Department of Canadian Heritage.

Ms. Hulan, I understand you will be giving a 10-minute statement on behalf of all the officials who are appearing before us.

The floor is yours, Ms. Hulan. You have 10 minutes.

[Philip Lawrence, Conservative, Northumberland—Peterborough South, ON]

Thank you very much. I am on the equally productive and busy finance committee, but it's somewhat different, so my apologies if I talk too much about numbers.

It's an incredible honour to be in front of the foreign affairs committee today to discuss my bill. As previously mentioned, it is 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—often known as the Sergei Magnitsky act—the Broadcasting Act and the Prohibiting Cluster Munitions Act.

This bill is an omnibus human rights bill that's designed to build consensus in areas of obvious need of reform. We'll go through four different areas in which these reforms were made.

To begin with, I think it's right to point out, especially during some difficult times for our democracy recently, that Canada can be, and has been, a beacon for what is right in the world when it comes to human rights and other issues. We have the benefit of a culture that values life, that values human rights and that values respect for one another. For my part, I am extremely proud to call myself a Canadian and to be a representative of the Canadian government.

That is exactly why I have put this legislation in front of the committee and in front of Parliament. I believe this legislation would assist us not only in building Canada's reputation but also in subsequent efforts to improve the world, even if it's just in small ways.

We'll go through it line by line, but I must briefly comment that this has been a tremendous experience for me personally. In the process of creating this law, I've had the opportunity to work with great MPs from around the table, from all parties.

I have had the tremendous privilege to talk to stakeholders from the human rights community who are doing such valuable work to protect the most vulnerable in the world and to hold to account the people who commit the most vile atrocities around the world.

A big thank you goes to everyone who has helped to bring us to this stage, and I look forward to, as it has been throughout in the House of Commons and otherwise, a productive, substantive discussion about Canada's role in the world, specifically with respect to these four provisions.

The first amendment imposes a reporting requirement on the Department of Foreign Affairs in relation to international human rights. Specifically of key importance is publishing the names of prisoners of conscience whom the government is working to release and making Canadians and the public aware of them.

This was a subject of some debate and some questions in the House. I've had the privilege, once again, of talking to family members of individuals who are being held around the world simply because of their religious views, who they are, their status or their political views. I've heard a full-throated cheer for this section. They believe, as I do, that transparency is the best disinfectant.

When there are people who are committing atrocities, they need to be held accountable. We can become aware of some of the difficult times that people are having and the difficult positions that people are in around the world—people just like us, who are fighting for freedom, fighting for LGBTQ rights and fighting for democracy. They need to be supported and they simply cannot be left in the darkness as a remnant of international discussions or of trade discussions. They must take the spotlight, as these are, in many cases, great people fighting for freedom around the world.

The second one is with respect to the Magnitsky act. The Magnitsky act is a powerful piece of legislation that, if I can be so bold, has not, in recent years, been used to its maximum advantage. The Magnitsky act is, of course, named after Sergei Magnitsky, who was one of the first people to attempt to hold Vladimir Putin to account.

The Magnitsky act attempts to impose sanctions on those who are the most heinous violators of human rights. Unfortunately, in recent years, for whatever reasons, these sanctions have not been used to their full advantage. That calls for the government to report back to Parliament on the reason it is not imposing certain sanctions.

The third section is with respect to the Broadcasting Act. It seeks to restrict the ability of genocidal states to use Canadian airwaves to broadcast their propaganda.

The fourth and final amendment aims to strengthen the Prohibiting Cluster Munitions Act. It seeks to defund companies that are in the process of manufacturing and producing cluster munitions. Cluster munitions, of course, are really not even effective war tools. They're in fact just tools of terror that inflict many needless casualties and injuries to the civilian population, in many cases children.

I thank you for your time, I thank you for your consideration and I thank you already for the productive discussion we will have. I believe the bill is great in its own current form; that being said, I'm open to any amendment or discussion that will make the bill better.

[The Chair, Liberal, Ali Ehsassi]

I call the meeting to order.

Welcome to meeting number 55 of the Standing Committee on Foreign Affairs and International Development.

Today's meeting is taking place in a hybrid format, pursuant to the House order of June 23, 2022. Members are attending in person in the room as well as remotely by using the Zoom application.

I'd like to make a few comments for the benefit of the members.

Please wait until I recognize you by name before speaking. For those participating by video conference, click on the microphone icon to activate your mike. Please mute yourself when you are not speaking.

Interpretation for those on Zoom is at the bottom of your screen. You have the choice of either floor, English or French. For those in the room, you can use the earpiece and select the desired channel.

Pursuant to the order of reference of Wednesday, November 16, 2022, the committee commences consideration 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, the Broadcasting Act and the Prohibiting Cluster Munitions Act.

It is now my honour to welcome the sponsor of this bill, MP Philip Lawrence, the member for Northumberland—Peterborough South.

I suspect you're familiar with how we do these things. You will be provided five minutes, after which we will open it to questions from the members.

Thank you.