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

Sponsor

Philip Lawrence  Conservative

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

Status

Second reading (Senate), as of Oct. 19, 2023

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-281.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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 the Library of Parliament. You can also read the full text of the bill.

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

Uighurs and other Turkic MuslimsPrivate Members' Business

October 26th, 2022 / 6:25 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I thank the sponsor of this motion and everybody who is joining us for this debate. I know there are many people present in the precinct and following along online.

I have the honour of being the co-chair, along with my friend, the mover of this motion, of the parliamentary friendship group for Uighurs. That is one of many reasons that I am proud to speak in support of Motion No. 62 and express the support of the Conservative Party for this motion. I expect that when it comes to a vote, we will be able to speak united and with one voice.

I think there is a critically important role for the official opposition, which is to support the government in the areas we agree with and challenge the government when there are gaps in the response.

This issue is deeply personal for me. It is not hard to tell that I am not of Uighur background myself, but my grandmother was a Holocaust survivor. She was a Jewish child who grew up in Germany and hid out, and many of her family members were killed. I was raised with an awareness of the grievous injustice that had been visited upon her extended family. She was in a position, as a vulnerable child and a member of a persecuted minority, where she was not able to speak out about her own situation, but she survived the war because people who had a voice and had an opportunity to speak had the courage to speak out against what was happening, the injustices that were happening.

I have a big portrait on the wall in my office of Blessed Clemens von Galen, who was the bishop of the Munster area of Germany where she was. He was a bold, fearless critic of the Nazis, someone who had a position of privilege within that society and used his position to speak out against injustice.

A couple of years ago, my sister and I took a trip to Berlin. We were looking at the sites of deportation. What strikes Canadians when they go to Europe is how much closer everything is together. We are used to wide open spaces. We saw the streets through which Jews were brought to a train station and where they were being sent away, and what struck me was the apartment buildings that are close by where people, everyday Germans, would have been living. They would have been able to look down and see their former neighbours and people from their community being pushed and herded away to their deaths.

When I was there with my sister, we talked about this, and I wondered what these people were thinking, the ones who could see what was going on. Perhaps they had a mix of perspectives and knew it was wrong but were afraid in some way of the consequences of speaking out for truth and justice. What were they thinking? Why did they not do more?

At the end of the Second World War, we made a promise to my grandmother's generation of “never again”. Never again would we allow people to be slaughtered because of their ethnic or religious background. We would do everything possible to make genocide a crime and stop it everywhere. However, in the seven years I have spent as a member of Parliament, we have recognized and responded to not one but multiple cases of ongoing genocide. It is clear that we have failed to deliver on the promise we made to my grandmother's generation.

I think about those apartment buildings and the people who could see the injustice happening in front of them. Today, we have satellite imagery. We do not need to be in apartment buildings directly above what is happening. We can see the photographs. We can look at the numbers and see the precipitous drop in birth rates as a result of forced abortion, forced sterilization and systemic sexual violence targeting the Uighur community.

I owe it to my grandmother and to those like her to use the voice I have now to speak out against contemporary injustices, recognize the failure to live up to that promise of “never again” and do all we can to respond.

The first step should be a recognition of the crime of genocide, because in the history of jurisprudence following the Second World War, we tried to establish this crime of genocide and establish a responsibility to protect. Individual nations that are a party to the genocide convention have an obligation. It is not just an obligation where there is conclusive proof of genocide, but an obligation when there is evidence that genocide may be occurring.

Those obligations exist for individual states who are parties to that convention. Those obligations do not depend on whether some international body determines it to be a genocide. Those obligations are for individual states who are signatories to the genocide convention. Canada is a signatory, so Canada has obligations. We have a responsibility to act to protect when we see a genocide happening or when there is evidence to suggest that there may be a genocide happening.

This testimony was clearly given by former justice minister Irwin Cotler at the Subcommittee on International Human Rights when we studied this question. He made clear in his testimony that not one but all five of the possible conditions of the genocide convention have likely been transgressed in the case of Uighurs. The evidence was clear then, and the evidence is more clear now than it was then. When this Parliament first voted on the question of genocide recognition, it was before some of the new information that has come out since and various other tribunals that have made all the more clear the situation we are in.

The problem is that, since nations have recognized that they have an obligation to respond to genocide and that they have an obligation to protect in the case of genocide, those same nations have become reluctant to acknowledge that a genocide is taking place, because when they acknowledge that a genocide is happening, then they are legally obliged to act. However, whether or not they are willing to admit that they know, they do know because the evidence is clear. To paraphrase William Wilberforce, we may choose to look away, but in the face of the evidence, we may never again say that we did not know.

The evidence has been there, yet again this week we had a motion before the House on genocide recognition. Everyone who voted, voted in favour of genocide recognition, but the cabinet still abstained. This is extremely important because, if the government had voted in favour of that motion, it would be recognizing the legal obligations it has under the genocide convention, but it still failed to do that. I salute members of all parties who have been prepared to take that step nonetheless, but it would be that much more impactful if the cabinet, if the Government of Canada, was prepared to take that step.

The House of Commons, by the way, has led in the world. We were the first democratic legislature in the world to recognize the Uighur genocide, and many other legislatures followed. Ironically, while our legislature has led, the government has not yet taken that step.

Nonetheless, there are still so many more things that we can do and we need to do. Now we are seeing myriad private member's motions and bills coming from various parties that respond to the recognition that at least individual members have, if not the government, that a genocide is taking place. We have Motion No. 62, which seeks to advance targeted immigration measures to support Uighurs. We have various pieces of legislation, such as Bill S-211 and Bill S-204, that seek to address forced labour. We have proposals, such Bill C-281, which would strengthen our sanctions regime and allow parliamentary committees to nominate individuals for sanction.

We see this flurry of activity now from members of Parliament and senators using the power that we have as parliamentarians to respond to this recognition of genocide, but the ultimate power rests in the hands of the government. It is the government that has to act, even in the case of the motion before us, which is a non-binding motion that makes a recommendation to the government. It is an important tool to encourage the government to act.

Of course, the government did not have to wait for Motion No. 62, and it does not need to wait for it now. The motion contains a timeline that is fairly generous to the government, fair enough, but I would challenge the government to take up its responsibility. Individual members of Parliament are doing what we can to be a voice for the voiceless to recognize the reality, and the government must as well.

I believe that every single member of this cabinet who has looked at the evidence knows that a genocide is happening and knows that they have an obligation. It will be to their eternal shame if they do not act on that knowledge as soon as possible.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 24th, 2022 / 7:35 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, it has been a pleasure to work with the member's colleague from the Bloc on many of these issues. His colleague proposed the amendment. He talked about this in relation to an Olympic boycott, which was, I think, one potential way of the international community sending a strong signal. Unfortunately, that signal was not sent early enough with sufficient magnitude to achieve the result that his colleague and other members of this House were advocating for.

There are many different things we can do legislatively to push for justice for Uighurs. I really appreciated the speech given by another one of the Bloc member's colleagues on Bill C-281, which is an important international human rights piece of legislation. We have Bill S-211 and Bill S-223 as well, which are both before the foreign affairs committee and are unfortunately waiting to move forward. There are also the immigration measures, the concurrence motion and the motion to be debated later this week. There are many different things we can do.

I wonder if the member would like to comment on the breadth of areas where Canada's Parliament could take action and on the fact that we can make a difference through the steps we take here in Canada's Parliament, even to impact injustices that are half a world away.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 24th, 2022 / 3:30 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I move that the sixth report of the Standing Committee on Citizenship and Immigration, presented to the House on Friday, April 29, be concurred in.

I appreciate the opportunity to open debate, a debate that I understand will be, by unanimous consent, continuing this evening, on the sixth report, which deals with the ongoing injustices facing Uighurs and other Turkic Muslims and the work that we need to do as a House in response to it.

I am grateful for the work of the immigration committee. This is a unanimous report that highlights many important issues, and I want to start the debate by reading points from the report into the record and then discussing them.

The report states:

In light of the fact that Uyghurs and other Turkic Muslims in China face an ongoing genocide, and in light of the fact that those in third countries are at continuing risk of detention and deportation back to China, where they face serious risk of arbitrary detention, torture, and other atrocities, the committee calls on the government to:

a) extend existing special immigration measures to Uyghurs and other Turkic Muslims, including the expansion of biometrics collection capabilities in third countries and the issuance of Temporary Resident Permits and single journey travel documents to those without a passport;

b) allow displaced Uyghurs and other Turkic Muslims in third countries, who face risk of detention and deportation back to China, to seek refuge in Canada;

c) waive the UNHCR refugee determination;

d) and the government provide a comprehensive response by letter to the committee within 30 days.

This motion follows an important step taken by the House about a year and a half ago when the House voted to recognize the Uighur genocide. It was a unanimous vote of all who voted in this place. As members will recall, cabinet abstained and still has not declared its position, but the vote that will take place on this motion, because it is a vote to agree with this report, will provide cabinet and the government with another opportunity to declare their position with respect to the Uighur genocide.

I reflect as well on the fact that much of this conversation was started in the House with the recognition of the genocide motion, but there has been much more discussion in the international community and evidence that has come out since. Just recently, there was the report of Michelle Bachelet. There were significant efforts to influence that report and there were significant limitations with respect to the work she was able to do, but, nonetheless, very damning conclusions came out of that report.

Various analyses have shown forced sterilization, systemic sexual violence targeting Uighur women, people being taken away and put in concentration camps, clear violations of the UN definition as it pertains to genocide and states that are party to that have an obligation to recognize and respond in those cases. This report recognizes and reaffirms that.

The focus of this report is on other measures that the House and the government need to take in response to these events. I want to focus on the ones in this report, as well as other additional measures that can and should be taken.

Following that recognition, even while the government has still not declared its position, other members of Parliament have been trying to put forward constructive initiatives that respond to the question of what Canada can do to advance the issue of justice and human rights for Uighurs. There have been a number of different areas where proposals have been put forward in the House.

This report speaks on additional immigration measures that have been put forward, and I know that later this week we will be having the first hour of debate on Motion No. 62. I should have made note of my colleague's constituency name before, but my colleague from somewhere in Montreal is proposing that and we will be debating that for the first hour on Wednesday. We are seeing a number of different initiatives on the immigration front.

We recognize the reality that Uighurs in China obviously often struggle to get to safety, but, increasingly, the efforts of the Government of China to have influence beyond its borders are creating greater and greater challenges, escalating pressures on refugees who have fled, maybe thought they were in a safe place and are now facing intimidation and persecution that is being pushed on the countries where they are resident as a result of pressure from the Government of China.

As it relates to third countries, it is worth mentioning the case of Huseyin Celil, who is a Canadian citizen detained in China. This was a case where he did not travel to China. Mr. Celil was in Uzbekistan, but was taken from Uzbekistan and sent back to China, where he has been detained for over a decade and a half. Underlining that is the fact that we need to recognize how CCP pressure on third countries can lead to people being sent back and facing human rights violations in the process.

Canada can be a place of safety for these folks in the Uighur diaspora who have left China but who are still facing the risks of potential persecution and repatriation in the countries where they are.

That is why Canada should be looking at strengthening special immigration measures. Our view on this side of the House is that we need to recognize the important role played by private sponsoring organizations and a strategy for responding to persecution and supporting victims of human rights abuses should involve collaboration between governments and private sponsoring entities.

We need to recognize that there may not be resources within those private sponsoring entities to cover all of the needs that exist, and there could be vehicles for joint sponsorship. There could even be cases, perhaps, where the government provides the funding but organizations on the ground here in Canada play a specific role in welcoming newcomers.

All of the data suggests that those who are privately sponsored have a greater level of success once they are here in Canada, so we should look for opportunities in the process to engage private sponsors, such as mosques, churches, synagogues, faith groups, community groups and civil society, to help people acclimatize to coming to Canada. We recognize that this is not just a question of state policy, but the process of welcoming refugees is a collective effort that all Canadians can be involved in. I think, in many cases, people from different backgrounds and different experiences want to be involved, and they certainly get a lot out of it.

I want, as well, to discuss some of the other measures that we need to be taking about, coming out of where we were a year and a half ago.

I have sponsored a private member's bill in this place that comes from the other place, from Senator Ataullahjan. Bill S-223 is a bill that would combat forced organ harvesting and trafficking. The bill would make it a criminal offence for a person to go abroad and receive an organ taken without consent. This is a private member's bill that would have Canada doing what it can to combat this horrific practice of forced organ harvesting and trafficking.

I do want to note that, unfortunately, the progress of Bill S-223 has been stalled. It has been sitting before the foreign affairs committee for months and months. We have not been able to get it adopted and sent back to the House. In fact, I was not originally scheduled to be here in the House right now. I was scheduled to be testifying before the foreign affairs committee, but at the last minute, the meeting scheduled to conduct hearings on Bill S-223 was cancelled by the Chair. That has further delayed the process of bringing this bill forward.

The bill to combat forced organ harvesting and trafficking is pertinent now because we are hearing more about Uighurs being victims of this practice, but it is something that has been going on for decades. In particular, the Falun Gong community has highlighted the abuse of forced organ harvesting and trafficking and how it impacts their community.

It has actually been 15 years that parliamentarians have been working on a bill to combat forced organ harvesting and trafficking. Borys Wrzesnewskyj was first to bring one forward. Irwin Cotler also had a bill.

Since I was elected in 2015, I have been working on this with Senator Ataullahjan through the last three Parliaments. This bill has passed the Senate three times, twice in its current form. It has passed the House once in its current form. It has been studied multiple times by Senate committees and by a House committee, so I think it is time that we finally get it done, if we are able to end the logjam around it at the foreign affairs committee. It should not be about any one individual. This is a bill that will save lives if it is passed. I hope we are able to get it done.

A lot of work, as well, has been done on this issue of forced labour. There are significant concerns about how Uighurs are victims of forced labour and, in general, how Canada's laws to combat forced labour are totally inadequate. There is much more work that needs to be done. Another bill before the foreign affairs committee, also with an unclear timeline around it, is Bill S-211, a bill from a colleague on the government side. It has broad support in the House, and Conservatives supported fast-tracking it at second reading, but it is, again, not moving forward at the moment.

We need to move forward with these bills that are currently before the foreign affairs committee. Bill S-223 and Bill S-211 are two excellent bills. One is on organ harvesting, and the other is aimed at addressing an issue of forced labour.

Bill S-211 would create a reporting mechanism. It is an important step forward, but the other thing we need to do is recognize that in the Uighur region, for example, there is a very significant, very large issue of forced labour. I support measures, such as the Uyghur Forced Labor Prevention Act in the United States, a bipartisan piece of legislation, that would recognize the particular issues in that region, and perhaps in other regions, where there are really significant and coordinated state-pushed efforts to have forced labour. We need to specifically designate those regions.

We need to look at, for instance, Bill S-204, a bill put forward by Senator Housakos that is not in the House yet. It is still in the other place. That bill would impose a ban on the import of any goods coming out of Xinjiang or East Turkistan, the region where Uighurs are in the majority. The goal of this is to recognize the reality that so much of what is produced and exported in that region is tainted by slave labour. We need to have an approach that recognizes the particular risks in this region and targets that region as well. That is another issue that we need to move on legislatively and there may be other measures we can consider that involve the designation of specific regions. This would target the specific regions in the world where we know there is a very high level of forced labour and a high risk that goods coming out of there will have involve slave labour.

There are many mainstream brands that people will be familiar with, that they may use products from, that import products from that part of the world. It is very concerning. The government announced a new policy on combatting these imports, but, in fact, there was only one shipment that was ever stopped and it was subsequently released. Therefore, we are clearly lacking in this area, and there is much more work that needs to be done.

In terms of some of the legislative proposals that are coming forward, I want to also recognize Bill C-281, a bill that had its first hour of debate recently and has its second hour of debate coming up soon. It is from my colleague in Northumberland—Peterborough South.

Bill C-281 is the international human rights act. It contains a number of measures that would push forward Canada's response on international human rights, including requiring the minister of foreign affairs to table an annual report regarding the government's work on international human rights, include listing, as part of that report, prisoners of conscience, which is of particular concern.

It would also create a mechanism by which individuals could be nominated for sanctions under the Magnitsky act and a parliamentary committee could pass a motion suggesting that someone be sanctioned under the Magnitsky act. If that motion were to pass, the minister would be obliged to provide some kind of a response. This parliamentary trigger mechanism for Magnitsky sanctions has been adopted in other countries. It is very important because a Magnitsky sanctions tool, though a powerful tool, still leaves the discretion entirely in the hands of the government.

There have been many countries around the world where there are serious human rights abuses, and the government has actually failed to sanction anybody from that country. There has been very limited use of Magnitsky sanctions in response to the Uighur genocide. That is why I support this proposal from my colleague to have a parliamentary trigger mechanism, so that a parliamentary committee could, if not compel the government to sanction someone, at least compel the government to provide some kind of a response with respect to why they are or are not considering moving forward with a sanction.

These are some of the measures that we have moved on, from the act of recognition by Parliament a year and a half ago to now, trying to propose concrete, constructive measures that would see Canada play a greater and greater role in combatting this ongoing injustice. We have talked, of course, about the immigration measures that are called for in this report as well as immigration measures that have been put forward in other initiatives that we have seen. We have talked about the issues of forced organ harvesting and trafficking and the legislation that has been put forward on that.

We have talked about different kinds of trade measures, such as those contained in Bill S-211 from Senator Miville-Dechêne, as well as Bill S-204 from Senator Housakos. Bill S-211, which is the general reporting mechanism requiring companies to be involved in reporting on these issues, also has the designation of particular regions of concern and the issues that come out of those. Then there are the other measures in the International Human Rights Act from my colleague, in Bill C-281.

As such, we have seen many different legislative initiatives. I guess one thing to acknowledge that they all have in common is that they are all private members' initiatives, so we are seeing a flurry of activity from individual members, many from our side, many from the Senate and some from other parties as well. However, we have not really seen any government legislation that is aimed at closing the gap, and I think members understand the processes of this House and the long and arduous journey every private member's bill has to make. I have seen it myself in the work I have done on the organ harvesting and trafficking issue. I work on a piece of legislation, and every time it is actually voted on it is unanimous, yet there are so many steps it has to go through, little amendments here and there, that it ends up not getting done.

We are in the third Parliament in which I have worked on this bill, and it has been attempted in two previous Parliaments as well, so there is this long journey private members' bills have to go on, and the risks are the same for other good private members' bills that are responding to urgent and present human rights concerns. That is why the government should take a look at some of these initiatives and maybe consider putting forward proposals that advance them through government legislation.

There is so much more that needs to be done on this issue of forced labour, like even getting it out of government procurement, never mind addressing the import of products of forced labour that come into the private sector. We are relying on private members' legislation to do that job, and we should support these private members' bills, but the government should be willing to lead on this and provide really comprehensive solutions.

One of the areas the government can particularly lead in combatting the injustice facing Uighurs is in working more closely with our allies on combatting the importation of products made from forced labour. There is obviously a lot of tracing and data work that is required in terms of blocking out products made from forced labour from coming into Canada, and this is why we can benefit from sharing information with our allies. If we have consistent laws and are sharing information around forced labour, then we can be more effective working in collaboration.

In fact, we have already started down this road by recognizing as part of our trade deal with the United States and Mexico an obligation around combatting forced labour, but Canada needs to now live up to that obligation. We can share information. We can adjust our policies to really strengthen the work that is required to prevent products from forced labour from coming into this country.

In conclusion, I want to recognize the incredible work that has been done by the Uighur community in particular, but more broadly by other communities, like the Muslim community in general and many other communities that are coming alongside as allies in support of justice and human rights, who have been advocating on these various points related to the injustices the Uighurs have faced.

The information has very clearly been exposed, despite the best efforts of certain actors to suppress it. It is now widely known: the existence of a campaign to put people in concentration camps, forced sterilization and systemic sexual violence. The subcommittee on international human rights two years ago heard brutal testimony from survivors about what had happened, and I reflected at the time on this quote from William Wilberforce, who said, “[Y]ou may choose to look the other way but you can never again say you did not know.”

Members of Parliament answered that call; the subcommittee on international human rights was unanimous and the House was unanimous, but the cabinet has still been silent and unclear, so this motion would provide the cabinet with an opportunity to vote again on the question, since this motion would reaffirm a recognition of the genocide.

It would also go further. We are not waiting for the cabinet; we are pushing forward with measures that are required in terms of pushing for additional immigration measures, and I have talked about the need to combat forced organ harvesting and trafficking, the need to bring in new trade measures and the important additional measures in Bill C-281.

I hope members will support this concurrence and the other measures that are urgently required to stand with our Uighur brothers and sisters, who face so much injustice in China as well as threats even after they have fled.

October 18th, 2022 / 7:10 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

We are currently debating a private member’s bill in the House, Bill C‑281, which deals with media that could be banned or denied a licence to operate in Canada if they are owned by governments of countries that commit genocide. In this regard, by the way, Canada has yet to recognize the genocide against Uighurs.

You talk about the influence of countries around the world. Is media influence something that should be given more attention?

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 18th, 2022 / 12:10 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I should ask the member, given the presence of my colleague from Northumberland—Peterborough South, about Bill C-281, which is a private member's bill that my colleague put forward to strengthen the Magnitsky act by creating a mechanism by which a parliamentary committee can effectively nominate someone to be sanctioned under the act and require the government to respond. The existence of a parliamentary trigger, which exists in other countries, in a way forces the government to be more engaged in responding to what parliamentarians are proposing with respect to sanctions.

Does the member think the excellent proposals from my colleague in Bill C-281, which would create a greater role for parliamentarians in putting forward individuals for sanctioning, would strengthen our democracy and our sanctions regime?

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 2:25 p.m.
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Cambridge Ontario

Liberal

Bryan May LiberalParliamentary Secretary to the Minister of National Defence

Mr. Speaker, as I will likely be the final speaker here today before we rise for Thanksgiving, I want to wish everyone in the House, the Speaker, all the staff, the clerks, the pages, who help make everything run, and security a very happy and prosperous Thanksgiving. I am certainly looking forward to getting home and seeing family, as I am sure everyone is.

Canada's commitment to fostering respect for democratic values and the promotion and protection of human rights is long-standing. Over the last 70 years, we have played a prominent role in the development of significant human rights instruments, including the Universal Declaration of Human Rights.

Canada is recognized for its system of justice and strong institutions that positively reinforce the rule of law. Canadian expertise is sought to help others strengthen their own efforts to respect human rights, and our government has taken active measures to stand against human rights violations and support the brave work of human rights defenders around the world.

Canada's efforts in this domain are considerable, especially in contexts where impunity for gross and systemic violations of human rights are evident and where there are protracted political crises at play. In such contexts, the international community must be able to signal its concerns and work collectively to change behaviour. Sanctions are a key part of the tool kit that can be deployed.

Bill C-281, introduced in the House of Commons by the member for Northumberland—Peterborough South, seeks to amend the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky law. It is within this vein that I wish to speak and elaborate on Canada's robust sanctions regime and our role as a global leader in holding the violators of human rights to account.

In our challenging contemporary landscape, with its mounting disruption and global uncertainty, sanctions remain a valuable tool for addressing the violations of international norms and standards and pressuring states to change their behaviour. Indeed, Canada and the wider international community have worked together for decades to build this strong foundation of peace, prosperity and security for the global community.

Canada continues to stand shoulder to shoulder with our closest allies in the deployment of sanctions as part of a principled but pragmatic approach to foreign policy. Under both of our pieces of autonomous sanctions legislation, the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act, Canada has become a global leader in the sanctions effort to end impunity for those who violate international human rights.

I see my time is almost over, so I will simply wrap up by again wishing everyone an amazing long weekend and Thanksgiving. I want to wish all constituents in Cambridge, Ontario, and those across Canada a happy Thanksgiving too.

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 2:15 p.m.
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Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, I rise in strong support of Bill C-281, the international human rights act.

Let me take this opportunity to commend my friend and colleague, the member for Northumberland—Peterborough South, for championing this important piece of legislation, which will strengthen Canada's position to advance international human rights. The bill will do so in several concrete ways.

It strengthens the Prohibiting Cluster Munitions Act passed by the Harper Conservative government. Cluster munitions are having a devastating impact on civilians, given their indiscriminate effects. The bill will give additional teeth to Canada's international commitments, codified under the act, by restricting investments in entities that are in contravention of it.

The bill further strengthens international human rights by giving the government tools under the Broadcasting Act to stop the proliferation of foreign propaganda from genocidal regimes.

The bill also provides important new reporting requirements on the part of the Minister of Foreign Affairs. More specifically, the bill requires the minister to publish an annual report on the actions the government is taking to advance international human rights, as well as to name and provide background on the plight of the prisoners of conscience Canada is seeking to release.

This has two positive impacts. First, it enhances transparency and accountability by requiring the Minister of Foreign Affairs to spell out in writing exactly what the government is doing to advance international human rights. Second, it provides a platform to shine a light on the individual cases of prisoners of conscience and, further, to draw attention to human rights abusers who are responsible for serious crimes.

Importantly, this bill provides a new accountability mechanism for the government in the realm of sanctions policy. Pursuant to the bill, if the foreign affairs committee of either the Senate or the House of Commons recommends the imposition of Magnitsky sanctions against human rights violators, the Minister of Foreign Affairs would be compelled, within 40 days, to table in Parliament a response indicating the government's position on the imposition of such recommended sanctions, as well as its reasons for imposing or not imposing sanctions.

This is needed and timely, especially having regard for the track record of the government, which for the past several years has failed. It has refused to impose Magnitsky sanctions, notwithstanding the fact that there is no shortage of human rights violators and that the Magnitsky sanctions are an important tool the government has to sanction human rights violators.

For example, when the special committee on Canada-China relations tabled its report in February 2021, it made a unanimous recommendation that targeted Magnitsky sanctions be imposed on the Chinese communist regime officials responsible for serious human rights violations in Hong Kong. The response of the government was to ignore that unanimous recommendation. The Liberals did absolutely nothing. What was the rationale for why they did nothing while allies such as the United States imposed sanctions? We do not know. The government did not need to say or provide a rationale. The bill changes that.

Hong Kong is not the first time that the government has ignored the will of Parliament with respect to international human rights. A little more than four years ago, the House voted overwhelmingly to designate the IRGC as a terrorist entity. More than four years later and 1,003 days after the IRGC shot down PS752, killing 176 passengers, including 85 Canadian citizens and permanent residents, the government continues to drag its feet. The government still has not implemented the will of Parliament in designating the IRGC as a terrorist entity.

This is the same IRGC, by the way, that an Ontario superior court judge determined committed an act of terrorism in shooting down PS752, and the same IRGC that is arresting, torturing and murdering peaceful pro-democracy protesters in Iran as we speak.

Earlier this week, the Prime Minister was asked, not once, not twice, but on four occasions, by the leader of the official opposition, if the IRGC is a terrorist organization. The Prime Minister could not bring himself to state the obvious, that the IRGC is a terrorist organization. It was a total abdication of leadership on the part of the government and absolutely shameful.

It is not just about designating the IRGC as a terrorist entity. The government has failed to sanction any of the perpetrators responsible for the downing of PS752.

Dr. Hamed Esmaeilion, president and spokesperson for the Association of Families of Flight PS752 Victims, appeared before the Subcommittee on International Human Rights in June. He said that, the previous year, his association hand-delivered to the Minister of Foreign Affairs more than 50 names of perpetrators responsible for the downing of PS752. More than a year later, there was no action and no Magnitsky sanctions. There is nothing at all.

What is the government's rationale? We do not know. It will not say. This bill is a mechanism that provides some level of accountability.

What we have over there is a government that is soft on terrorism, that will not even call the Uighur genocide being perpetrated by the Chinese Communist regime what it is, a genocide. We have a government that has repeatedly dragged its feet in imposing Magnitsky sanctions on human rights violators who are committing crimes against humanity.

In the face of the disgraceful record of the government when it comes to international human rights, at the very least it is imperative that parliamentary committees have a tool to compel the government to respond and explain its lack of action. This bill does precisely that, and it is why it has my full support.

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 2:10 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I thank the member for Northumberland—Peterborough South for this thoughtful bill. I thank my constituents from Nunavut for trusting in me to represent their voice on such important matters as Bill C-281. I especially appreciate this opportunity, as I learned more about our laws in this bill and where our work as parliamentarians can make a difference for human rights domestically and internationally.

The amendments proposed have four different pieces of legislation that are important, given the gaps in Canada's efforts to meet international human rights obligations. While much more could have been proposed, the New Democrats will vote in support of this bill because it addresses concerns about some of the weaknesses in Canada's approach to human rights.

The four instruments that would be amended are 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.

My intervention will continue with each set of amendments to the acts in that order.

Regarding amendments to the the Department of Foreign Affairs, Trade and Development Act, New Democrats agree that the minister, in exercising his or her powers, must annually report publicly measures taken to advance human rights. New Democrats agree this amendment would increase transparency and accountability.

Canada's current international human rights mechanisms, obligations and reporting are complicated and difficult to measure. This bill would make it easier for Canadians to find out what Canada is doing through the work of the minister through the suggested report and publishing the list as suggested.

Requiring an annual publication could bring to light the need for Canada to be more consistent in its approaches to meeting its human rights obligations. I will highlight two cases. Everyone is aware of how hard Canada worked to have the two Michaels released from China. More attention needs to be brought to Canadian Huseyin Celil who has remained in prison since 2006. According to Amnesty International, “Huseyin has spent much of his time in solitary confinement. He lacks healthy food and is in poor health” and “Huseyin has been in prison for 10 years after an unfair trial [in China].”

Regarding the production of a list of prisoners of conscience that Canada may be working to have released, this legislation would be a good step toward transparency and accountability. There is, however, a concern that there is no international legal definition of the term “prisoner of conscience”, and this creates a risk that individuals could be excluded from this important process. At debate, New Democrats would suggest wording that would tie it closer to international human rights laws and standards.

For the above reasons, I put in the record that the United Nations has recommended for years that Canada should have an international human rights action strategy. Adding that requirement for the preparation, completion and annual reporting of the national action plan could strengthen this bill. New Democrats will advocate for a whole-of-government approach and would suggest further discussion on whether requiring a singular focus on the minister's obligation is sufficient.

On the Justice for Victims of Corrupt Foreign Officials Act, New Democrats have always said that Canada's sanctions regime needs improvements. Canada's transparency and enforcement must be at the crux of this. We currently do not know how the government makes decisions about who should or should not be on this list. New Democrats expect that the foreign affairs committee would undertake this study shortly.

This bill would not fix all of the problems in the current system. However, it would create a mechanism to allow committees of the House or the Senate to nominate designations to Canada's sanctions lists. Experts like Bill Browder have recommended this and we support it.

On amendments to the Broadcasting Act, the New Democrats support the proposed changes. We only have to mention last February to see how foreign content influences Canadians' views in a very negative way. While there is existing legislation that allows de-authorization, this act will strengthen the bill by automatically prohibiting the issuing, amendment or renewal of broadcasting licences in cases where the House or the Senate have recognized genocide or where Canadian sanctions apply.

On the Prohibiting Cluster Munitions Act, this amendment attempts to make improvements but does not go far enough. Cluster bombs have caused over 20,000 casualties since 1960. This bill does not address the major problem in our current legislation, which permits Canadians to transport or directly use cluster munitions as part of joint operations with another country's military. This is an issue the New Democrats have asked the government to fix for years.

Overall, this bill has many opportunities to provide more transparency for Canadians regarding international human rights. This bill would not fix everything. We have an important role regarding international human rights. We set the stage for other countries to look up to the choices we make. We must do more to set the example of what we want to see and hold people accountable for their actions. We must be seen as a country that will truly uphold international human rights standards.

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 2 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I am pleased to speak today to Bill C‑281 introduced by the member for Northumberland—Peterborough South. This bill has a relatively long, but rather clear title and, as the member mentioned, it is a good exercise in diction. It is the act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky Law, the Broadcasting Act and the Prohibiting Cluster Munitions Act.

In this first hour of second reading of the bill, I will end the suspense right away and say that my colleagues from the Bloc Québécois and I are voting in favour of Bill C‑281. The underlying principle of Bill C‑281 is quite commendable because its provisions seek to better combat human rights violations in the world. I think that Bill C‑281 should definitely be debated, discussed and perhaps improved. I commend the member's openness to the idea of improving this bill in committee. I will even make one or two suggestions in the House that I hope will fuel the work of the committee.

Bill C‑281 proposes changes to four current pieces of legislation and I propose to go over them one by one.

The first act to be amended is the Department of Foreign Affairs, Trade and Development Act, more specifically section 10, which lists the powers, duties and functions of the Minister of Foreign Affairs. Bill C‑281 would add two obligations for the minister to fulfill every year, that is publishing a report outlining measures that Canada has taken to advance human rights internationally and a list that sets out the names and circumstances of prisoners of conscience detained worldwide for whose release the Government of Canada is actively working. In our opinion, the first obligation represents a way of ensuring that when the minister makes an announcement, it is followed by concrete action.

Recently, the Department of Foreign Affairs has not had a shining record of walking the talk. For example, after announcing a freeze on the assets of Russian oligarchs in the spring, it was impossible to subsequently ascertain if they had actually been frozen or who was responsible for the file.

Then, after it was announced that these assets could be liquidated in order to help Ukraine financially, we learned that the bill probably could not be implemented. Simply put, for sanctions to work, just announcing them is not enough; they have to be implemented. The same goes for measures to advance human rights internationally.

As for the list of names of prisoners of conscience, I think it would be worthwhile to ask some experts whether exceptions should be made in terms of making that list public, for instance in the case of political prisoners whose safety could be compromised if their names were published. It might also be worth thinking about a way to allow a group of parliamentarians, for example, to determine whether a name should indeed be excluded. This could be examined by a committee working in camera.

The second act amended by Bill C‑281 is the Justice for Victims of Corrupt Foreign Officials Act, as known as the Magnitsky act.

Bill C‑281 states that the minister must respond to committee recommendations regarding the application of Magnitsky sanctions against an individual and that the minister must table that response within 40 days after the adoption of a report recommending such sanctions or within the time limit specified by the committee. The minister's response must include a response to the committee's recommendations. The minister must indicate whether an order or regulation is to be made and set out the reasons for the decision to impose or not impose sanctions.

This new legislation would ensure a diligent response on the government's part to alleged human rights abuses. It will allow for faster follow-up on committee recommendations than the current standard, which gives the government 150 days to respond and states that the committee can request a response, but there is no obligation. Furthermore, under normal circumstances, the response to a committee report can be “comprehensive”, a term that Speakers of the House have always declined to define. The requirement to set out reasons for a decision is more precise and more in line with the principles of natural justice.

The third act that Bill C‑281 seeks to amend is the Prohibiting Cluster Munitions Act. Cluster munitions are weapons made up of a number of submunitions. They scatter a large number of explosive devices over a wide area.

These weapons are notorious for leading to many deaths and serious injuries each year. The victims are often children, since the small, brightly coloured, baseball-sized bombs do not always explode on contact with the ground. They can remain there for many years, even decades, before being handled by children.

This type of weapon is not prohibited under international law, with the exception of using them in built-up civilian areas. However, there is the 2008 Dublin convention, to which 110 countries are party, including France, Germany and the United Kingdom, but which countries such as China, India, Brazil, Russia and the United States have neither signed nor ratified. Canada signed the agreement in 2008, but the legislation allowing for its ratification did not come into force until 2015, and it is precisely this legislation that the current bill, Bill C‑281, seeks to amend.

As currently written, the legislation prohibits all persons from using, manufacturing, acquiring, possessing, moving or importing cluster munitions. The amendment broadens the group covered by these prohibitions to include any person or corporation that has a financial interest in a group or person that has committed, aided or abetted a third party in committing the wrongdoing that I have just listed.

We believe that Bill C‑281 is a step in the right direction towards a safer world, especially for children in the long term, but we are aware that the bill may be met with resistance from the American arms lobby, given that many companies still manufacture this type of weapon. We hope that our parliamentary colleagues will not give in to this pressure when it comes time to discuss amendments to the bill and vote on it.

Finally, Bill C‑281 will amend the Broadcasting Act to facilitate the revocation of licences for television or radio broadcasts in Canada when they are influenced by a foreign national or entity that has committed acts that the Senate or the House of Commons has recognized as genocide, or if these broadcasts are influenced by officials subject to sanctions under the Sergei Magnitsky Law. This bill would give the House the power to use simple motions to block foreign media, if those media are vulnerable to being influenced by entities that have committed crimes. Whether or not the content of these media is neutral or the fact that the content is beyond reproach would not be the basis for the assessment. State media are used to spread ideas, information about a culture, a viewpoint of the country in question, in short to promote a country directly or indirectly. We can think of the example of China and its vaccine diplomacy. China widely publicized the fact that it distributed massive amounts of vaccines in Africa. The purpose was to bolster its image by making people forget about its dubious management at the outset of the pandemic, and also to make people overlook the crimes committed against the Uighurs within its borders.

As for non-neutral content, unfortunately there is no shortage of examples of that, too. The war in Ukraine brought to light the full arsenal deployed by Russia to destabilize Ukraine and NATO through a hybrid war effort, which includes using the media to sow doubt or to destabilize the government by creating internal tensions among citizens. For example, Russian media gave a huge platform to anti-vaccine and anti-health measure conspiracy theorists, especially those who criticized government policies, giving them greater exposure to criticize local governments and whip up public discontent. We have also seen this kind of tactic used on another scale elsewhere in the world. Russian media specifically targeted Canadian soldiers on a mission in Latvia with the aim of discrediting them and stirring up mistrust among locals. This kind of disinformation campaign can go on for years.

Both in cases of neutral content and in the case of content that is explicitly not, banning such a broadcast through a motion does not seem excessive when the country in question is recognized by Parliament as having committed an act of genocide.

For all these reasons, my colleagues and I support the bill at second reading. We hope to have the opportunity to follow its progress through committee, which I am sure will be very interesting.

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 1:50 p.m.
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Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Madam Speaker, before I begin my speech, I would like to take a moment to wish a happy Thanksgiving to all members and all employees of the House of Commons.

I hope everyone has an opportunity to spend time with their loved ones this holiday weekend.

Canada's commitment to uphold human rights abroad, as well as policies and actions undertaken to protect these rights internationally, are a frequent focus of parliamentarian attention. Recent events on the international stage have continued to shed light on grave and reprehensible human rights violations, and our government has promised to continue to explore all options when it comes to holding those responsible to account and defending human rights here and around the world.

Therefore, I welcome the opportunity to elaborate on Canada's active engagement in advancing international human rights efforts globally, including with regard to human rights issues raised in Bill C-281, which was introduced in the House of Commons by the member for Northumberland—Peterborough South.

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, would amend various pieces of legislation on which I will expand. I believe MPs around the room agree that Canada should continue to uphold its commitment to human rights in a strong and meaningful way.

We know that only so much can be changed in the halls of power. Without the active and meaningful engagement of those whose human rights have been violated or who are in situations of particular vulnerability, change cannot last nor can our policies be effective. That is why Canada continues to engage with indigenous peoples, diaspora communities, activists, women's rights organizations, civil society, journalists and human rights defenders. Without their lived experience, expertise and efforts to promote and protect human rights in Canada and around the world, human rights violations and abuses would remain unacknowledged.

“Voices at Risk: Canada’s Guidelines on Supporting Human Rights Defenders” is a clear statement of Canada's commitment to supporting the vital and courageous work of human rights defenders. The guidelines outline Canada's approach and offer practical advice to Canadian diplomats to support human rights defenders. They reflect the experience gained by Canada through multilateral and bilateral engagement, and are informed by the work and advice of Canadian civil society organizations and human rights defenders themselves.

However, the colloquial term “prisoner of conscience”, as used in the bill, does not have an agreed upon international or domestic legal definition. Even labelling an individual as a human rights defender based on available definitions can be challenging in all but the most unambiguous cases.

A publicized list that sets out the names and circumstances of human rights defenders detained worldwide for whose release the Government of Canada is actively working on may impede diplomatic actions and Canada's support for these individuals, potentially endangering their safety and, in more serious cases, their lives.

I would like to thank the member who introduced this bill for his agreement to be amendable. We should be mindful to apply the principle of doing no harm. It respects the well-being and privacy of individuals and needs to be considered before sharing information with the public.

The Government of Canada takes the matter of imposing sanctions very seriously. As stated by our Minister of Foreign Affairs, Canada will continue to coordinate with like-minded partners to seek to change the behaviour of those who commit human rights atrocities. We consider autonomous sanctions as just one component of Canada's wider foreign policy options in the protection of human rights.

Canada is judicious in its approach to imposing sanctions, both against individuals and against states, and is committed to their targeted and coordinated use when appropriate. Canada has established a rigorous due-diligence process to consider and evaluate threats to international peace and security and possible cases of human rights violations or corruption anywhere in the world within the context of other ongoing efforts to promote human rights and combat corruption.

Canada has a history of taking action to rid the world of cluster munitions, including through our ratification of the Convention on Cluster Munitions, known as the convention, in 2015, and by support demining efforts. We recognize the devastating impact they have on civilians, and we will continue to support a wide range of activities in this regard, knowing that these actions will actively save lives.

Cluster munitions pose an immediate threat to civilians during conflict by randomly scattering submunitions or bomblets over a wide area. They continue to pose a threat post conflict by leaving remnants, including submunitions that fail to explode upon impact, becoming de facto land mines. These explosives kill and harm victims around the world indiscriminately.

International humanitarian law prohibits the indiscriminate use of any weapon, including cluster munitions, and prohibits the deliberate targeting of civilians. We call on all states to join the convention, cease to use these weapons and destroy their stockpiles. We would also stress that non-party states already have a legal obligation during armed conflicts to refrain from indiscriminate and disproportionate attacks with any weapon, including cluster munitions.

Canada is fully committed to the goals of the convention and has ensured, through the Prohibiting Cluster Munitions Act, that it will meet all obligations of the convention that will require implementation through domestic law. Among other things, Canada cannot itself use, develop, produce, acquire, stockpile or transfer cluster munitions or expressly request their use when the choice of munitions used is within our exclusive control.

Canada welcomes the large number of actions dedicated to gender mainstreaming within the Lausanne Action Plan, committing member-state parties to the convention to stronger gender inclusion in combatting cluster munitions.

I will now discuss the Broadcasting Act.

Media can play an important role in the promotion of human rights. Communication regulators like the CRTC need to be mindful of their role in advancing regulation in the public interest, particularly when it comes to fundamental issues related to the rule of law, democracy and human rights. As the CRTC recently stated, “Freedom of speech and a range of perspectives are a necessary part of our democracy. However, it is a privilege and not a right to be broadcast in Canada.”

Our ability to address human rights issues as parliamentarians directly affects Canada's ability to create change and effectively impact other intersecting issues, including COVID-19, migration, climate, emerging tech and counterterrorism, which all have human rights dimensions. Bill C-281 canvasses many of these intersecting themes.

We look forward to working with the member for Northumberland—Peterborough South, as well as with all members of this House, to find concrete and durable solutions to address the human rights challenges of tomorrow.

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 1:45 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I thank my colleague from Northumberland—Peterborough South for his speech and for his bill.

I wonder if he could comment on the issue of cluster munitions. We know that the United States is not a signatory to the Dublin convention and that it manufactures this type of weapon.

Bill C‑281 seeks to expand the list of people who would be targeted by the Canadian restrictions. I wonder whether, as members of Parliament, we are not running the risk of being lobbied by American weapons retailers to ensure that shareholders or people involved in these companies, for example, are not targeted by the bill.

Does my colleague share my concern?

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 1:30 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

moved that 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, be read the second time and referred to a committee.

Madam Speaker, my apologies for putting you through such linguistic gymnastics toward the end of the session this week and right before Thanksgiving.

On that note, I would like to wish everyone in the chamber and everyone across the country a happy Thanksgiving.

I am honoured today to rise with respect to my private member's bill, which is Bill C-281, the international human rights act. Before I get into the substance of the speech, I would like to start by thanking some important people who have been critical to getting this bill to the floor of the House of Commons.

I would like to thank the member for Sherwood Park—Fort Saskatchewan, who was instrumental in coming up with this idea and who worked alongside me. He is constantly fighting for people around the world and pushing for the good causes of human rights.

I would also like to thank the member for Selkirk—Interlake—Eastman, who was a driving force behind getting the Magnitsky act in Canada. His tireless and relentless work for the people of Ukraine is admirable, and I thank him very much for laying the foundations for what most of this bill deals with.

Getting into the substance of this legislation, as Canadians we are incredibly fortunate. We live in a country where democratic and human rights are almost taken for granted. Sadly, there are billions of people in this world who do not have the comfort and security of knowing that their minimal basic human rights are protected. Many of them spend nearly every waking hour wondering what action the government will take or what steps the government is taking against them to violate their human rights and cause them and their family members pain. They live in waking fear of the government just because they want to express their beliefs and thoughts or want to be their authentic selves.

While it may be naive to believe that legislation created here or in any parliament around the world can bring peace and security to people everywhere, it does not mean that we should not start along that journey or that we cannot start the journey toward providing basic human rights wherever we live. Whether someone is born in Canada or Venezuela, everyone should have access to basic rights. No one should have to live in constant fear of their government.

To get into the substance of my bill, it seeks to do two primary things through four significant amendments. First, it seeks to help the government hold to account some of the worst violators of human rights in the world. Second, it seeks to provide a little more peace and security to people in Canada and around the world.

As I said, the legislation contains at least four significant amendments to help those who want to protect the vulnerable in Canada and around the world. The first section imposes certain reporting requirements on the Minister of Foreign Affairs in relation to international human rights. This includes the requirement of a publication about their activities every year. This report would include the names and circumstances of individuals the Canadian government and the Department of Foreign Affairs are advocating for and working to get released. They are prisoners of conscience being held simply because of the beliefs and thoughts they have about the betterment of their countries.

These reporting obligations are not in any way meant to restrict or obstruct the Department of Foreign Affairs and the important work it does. Rather, this section is designed to support the department. We believe that we can bring more oxygen into the room so that NGOs and the public will be in a better position to pressure governments around the world to release these individuals, who are working so hard for the betterment of their countries and fighting for human rights, freedom of expression and freedom of speech.

We ultimately believe as Conservatives that sunlight is nearly always the best disinfectant. By raising public awareness in Canada and abroad about the incarceration and sometimes, sadly, the torture of prisoners of conscience, people who are suffering human rights violations, we can help drive that out. We can change that potentially, leading to the freedom of prisoners of conscience and advocates of democracy, women's rights, LGBTQ2 rights and freedom.

We firmly believe that if we can get this more into the public sphere so that Canadians know of the suffering that is going on around the world, they will become more engaged and involved. We can then bring people like the two Michaels home earlier and reduce the suffering of Canadians and, really, the many people around the world who are being held simply for being who they are.

The next section deals with the Magnitsky act. The Magnitsky act is, of course, named after Sergei Magnitsky. Sergei was a relentless champion fighting against Russian corruption at the time. He saw his country, unfortunately, governed too often by corruption, and he pushed hard and fought back. Unfortunately, the consequences for him were dire. He was imprisoned. His medical conditions were completely ignored by his captors. Eventually, he was tortured and beaten to death for fighting corruption. In his name, Magnitsky acts have been passed by parliaments around the world, in Canada and the United States, among other countries.

The Magnitsky act seeks to put sanctions on individuals who are human rights violators so that these people cannot just walk around our world scot-free without paying the price or without having any accountability for the horrible actions they have committed against some of the best people humanity has to offer.

My private member's bill seeks to amend the Magnitsky act to make sure that, within 40 days of either the House of Commons or Parliament passing a motion to sanction an individual or a group of individuals, the Department of Foreign Affairs will have to report back. That would enforce a greater degree of accountability. If, in fact, either the Senate, the House of Commons or both have deemed that Magnitsky sanctions should be enforced, I think it is at least reasonable for the foreign affairs department to come to a parliamentary committee and explain the reason an individual is not being sanctioned or why an individual is being sanctioned.

These individuals are committing some of the most heinous crimes imaginable. If the will of Parliament, ultimately the House of Commons, is the will of the people, and the will of 37 million people is that someone be sanctioned, at the very least, the Department of Foreign Affairs should be able to, within 40 days, come to a parliamentary committee and explain itself.

This bill does not even go so far as to say that we force the Department of Foreign Affairs to sanction someone. All it is asking for is an explanation of why or why not, which makes sense because, in some cases, there may be legitimate reasons for why not. I cannot foresee any, but all we are asking for is that they explain it.

We thoroughly believe that, by having this accountability mechanism and reporting mechanism, we will get more individuals sanctioned. Right now, we are not having enough people sanctioned under the Magnitsky act. Initially, in 2018 when the Magnitsky act was passed, we had a flurry of individuals in Myanmar, Russia, Venezuela and others who were all sanctioned.

Since then, we have had very little activity from the government on that front. In fact, no one has been sanctioned under the Magnitsky act since the initial sanctions, and the last one was in Saudi Arabia. Since then, we have not had any. We want to put this reporting and accountability mechanism in place to encourage the government to utilize the tools it has to sanction those individuals who are committing the most vile of crimes and who are violating people's human rights, like the activities we have seen recently in places like Iran and Russia, and to explain why or why not the government is choosing to sanction these individuals.

At the very least, even if we do not encourage the government to sanction more people, which we hopefully do, we will be putting more transparency and accountability around the Magnitsky sanctions. As I said, the Magnitsky sanctions, as reported by many individuals, are actually our most powerful tool to enforce human rights around the world. If we are not using it, we should at least know why.

In fact, Bill Browder, who is one of the biggest drivers of the Magnitsky act, not just in Canada but around the world, in creating and enforcing the Magnitsky act, actually said before a committee of this very Parliament that the lack of use of the Magnitsky act sanctions should have a parliamentary review.

We are acting on Mr. Browder's great advice and in this private member's bill we are asking for a 40-day review any time this House or the Senate deems that Magnitsky act sanctions should be put in place.

The next section is the Broadcasting Act. The bill states:

...this enactment amends the Broadcasting Act to prohibit the issue, amendment or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being influenced by a foreign national or entity that has committed acts or omissions that the Senate or the House of Commons has recognized as genocide or that is subject to sanctions under the...(Sergei Magnitsky Law) or under the Special Economic Measures Act.

I have already defined what the Magnitsky act is. The Special Economic Measures Act is the legislation under which the government has imposed sanctions recently on Iran, and we thank it for doing so. We continue to ask that it list the IRGC as a terrorist organization, but at least it has gone this far and we look forward to the government taking a stronger role. Quite frankly, I look forward to its support on this legislation as a way of demonstrating that the government is serious about protecting human rights around the world.

I will go back to the amendment to the Broadcasting Act. In layman's terms, what this amendment would do is take an important step in preventing countries around the world that are either committing genocide or have been found guilty of the most significant of human rights violations from utilizing Canadian airwaves to spread their propaganda. The Government of Canada formally removed Russia Today and RT France from the list of non-Canadian programming services and stations authorized for distribution on March 16 on the basis that the distribution of these services were not in the public interest, as their content appears to constitute abusive comments or is likely to expose the Ukrainian people to hatred or contempt on the basis of race, national or ethnic origin and that their programming is antithetical to the achievement of the policy objectives of the Broadcasting Act.

Conservatives applaud and support the CRTC's decision to pull their licences, but it had to take this broad approach in its definition because there was no current mechanism to pull Russia TV when it was clearly using Canadian airwaves just to spread its propaganda. This amendment would give the CRTC an appropriate mechanism so it does not have to try to wiggle around existing legislation. It will have a specific tool to say that country X is committing genocide and spreading its propaganda in our country and the CRTC does not believe it should spreading propaganda in our country. Instead of having to sort of gerrymander around the rules in order to pull out the propaganda that is for malicious and nefarious reasons, we believe that this modest amendment would allow the CRTC to protect vulnerable Canadians.

The last part of this legislation is the Prohibiting Cluster Munitions Act. Currently, cluster munitions kill thousands of people around the world. In fact recently there was an increase because the Russians have used them in Ukraine, and fully 97% of people caught by these submunitions, which are basically a bomb that blows up and puts smaller bombs all over, were civilians. Of them, 90 of those individuals were children. This is not a weapon of war. This is a weapon of terror that hurts civilians, specifically children. We need to get these banned and that is why I am proud that Stephen Harper took the first step. This step would also deny financing to companies that are building and producing cluster munitions. It would prevent it. This has been successful in other countries, so Conservatives believe this will go a great deal of the way to reducing civilian and children casualties.

I thank the House for what I anticipate to be overwhelming support to help make life a little more peaceful, a little more secure, and to hold the most awful perpetrators accountable.

October 6th, 2022 / 5:20 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

It is frustrating and dishonest when you have a political party trying to push a sort of great fog over a position on a critical issue. If they're not going to list the IRGC, they should explain why. I think they should list them, but they should own up to their position.

You presented some names that you would like to see on a sanctions list. I want to mention that Bill C-281, which is a private member's bill from my colleague Philip Lawrence, will be debated tomorrow. It seeks to amend the Sergei Magnitsky Law to create a provision whereby a parliamentary committee can nominate someone for sanctions. That would allow, for instance, the foreign affairs committee to nominate some of the individuals from of your list, or all of them perhaps, to the government. Then it would require the government to provide a response to that nomination.

We're talking about listing the IRGC, but it's also notable that nobody connected with the Iranian regime was ever added to the Sergei Magnitsky Law. It may be that this will change in the coming days. We don't know, but we had the first step taken after so much inaction, apparently.

Are there changes you would like to see to Canada's sanctions regime to strengthen it and give parliamentarians more of a voice in being able to push forward names on the list?

September 7th, 2022 / 3:05 p.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Thank you, Mr. Chair.

This is really high quality testimony we're receiving from all three of you. Given your thoughtful and biting critique, I now find it no surprise that the Liberal chair made a last-minute change to the agenda that limits the time we have with you, though it is unfortunate.

Mr. Kolga, you mentioned the ability of committees to be able to nominate people for sanctions.

I want to note, for your information and for the record, that Bill C-281, tabled by my colleague, Philip Lawrence, the international human rights act, contains some of those provisions. We will be debating that bill in Parliament this fall. Hopefully it will be coming to us here at this committee soon.

It's been reported recently, as well, by CBC that the value of frozen sanctions in Canada has dropped in recent months to suggest the possibility that some people have been allowed to sell off assets.

Do you have any reflections or information about how it is that the value of frozen assets under sanction would somehow be dropping?

International Human Rights ActRoutine Proceedings

June 13th, 2022 / 3:40 p.m.
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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

moved for leave to introduce 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.

Madam Speaker, to thunderous applause, I may say, it is a privilege and an honour to rise in the House to introduce my private member's bill, the international human rights act.

I would like to start by thanking the member for Sherwood Park—Fort Saskatchewan, our shadow minister for international development, for his support in creating, drafting and seconding this important piece of legislation.

The legislation would accomplish four key objectives.

First, it would impose certain reporting requirements on the Minister of Foreign Affairs, including to produce a list of prisoners of conscience whose behalf the government is working on.

Second, it would impose a requirement on the Minister of Foreign Affairs to respond within 40 days to a report submitted by a parliamentary committee that recommends the imposition of Magnitsky sanctions.

Third, it would make amendments to the Broadcasting Act that prohibit the issue, amendment or renewal of a licence to a broadcaster that may be vulnerable to a foreign national or entity declared of committing genocide or subject to sanctions under Sergei Magnitsky Law.

Fourth, it would create a prohibition against investments into companies that construct, develop or transport cluster munitions as defined by the Prohibiting Cluster Munitions Act.

I would like to thank the members of the House in advance for their support and for making the world a bit of a better place.

(Motion deemed adopted, bill read the first time and printed)