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

International Human Rights ActPrivate Members' Business

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

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.

International Human Rights ActPrivate Members' Business

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

Liberal

Sherry Romanado Liberal Longueuil—Charles-LeMoyne, QC

Madam Speaker, I would like to thank the member for Northumberland—Peterborough South for bringing forward this bill.

One of the areas that I was looking through in the bill would call on the government to publicize a list of human rights defenders whose release the government is actively seeking. For human rights defenders in repressive states, this could not only impede diplomatic actions and our ability to support these individuals, but in a country with known reports of the use of torture this could potentially endanger their lives.

Is my colleague across the aisle aware of this, and is he amenable to amending the bill so as to not inadvertently endanger the lives of human rights defenders?

International Human Rights ActPrivate Members' Business

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

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I thank the member for her thoughtful contributions. Certainly, when we get the bill to committee, I am open to any amendments that would make this legislation better.

International Human Rights ActPrivate Members' Business

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

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 / 1:45 p.m.
See context

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I thank my hon. colleague for her excellent question.

The question is extremely well framed. I actually ran a bit short of time and wanted to talk about this so I thank the member for the opportunity. Political pressure has been shown to be incredibly powerful. Textron, which is one of the largest arms manufacturers located in the United States, stopped producing cluster munitions and specifically stated it was because of political pressure. Therefore, with things like this legislation, which would prevent the funding through Canadian businesses of cluster munitions, not only do we have a hard line in stopping them but we also continue to ramp up the political pressure. I would be glad to work alongside the member to stop the manufacturing of cluster munitions throughout the world.

International Human Rights ActPrivate Members' Business

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

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I would like to thank the member for introducing this important bill. Canada has not yet responded to the United Nations call for Canada to develop an international human rights action strategy. I wonder if the member would agree to amend the bill so that it would require Canada to develop such an important strategy.

International Human Rights ActPrivate Members' Business

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

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, as I said to the other member's question, I am happy to have discussions in committee about any amendments that may make the legislation better. I am not overly familiar with the issue that the member raised, but I am happy to sit down and would love to go to her home riding and discuss it there.

International Human Rights ActPrivate Members' Business

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

Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I want to thank my colleague for bringing this legislation here to the chamber. I am proud to have seconded it.

My question is around the Magnitsky act and just the importance of it. The member highlighted clearly why it is so important, but specifically he did indicate that it has not been used nearly as well or as much as it could be. I want the member to elaborate on what that does to Canada's reputation on the international stage as a leader for defending human rights right across this globe, and how our taking these actions would be much more beneficial and why it is so important.

International Human Rights ActPrivate Members' Business

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

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, I appreciate the excellent question as we want to continue to project Canada's image as a country that protects the most vulnerable and fights for human rights. Every time that we do not go forward when we should with imposing of the Magnitsky schedule, that reputation unfortunately takes a little damage.

International Human Rights ActPrivate Members' Business

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

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 / 2 p.m.
See context

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 / 2:10 p.m.
See context

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 / 2:15 p.m.
See context

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 / 2:25 p.m.
See context

Bloc

The Acting Speaker Bloc Gabriel Ste-Marie

Resuming debate.

I wish to inform the hon. Parliamentary Secretary to the Minister of National Defence that he has four minutes to begin his speech.

The hon. parliamentary secretary.

International Human Rights ActPrivate Members' Business

October 7th, 2022 / 2:25 p.m.
See context

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 / 2:30 p.m.
See context

Bloc

The Acting Speaker Bloc Gabriel Ste-Marie

The time provided for the consideration of Private Members' Business has now expired. The order is dropped to the bottom of the order of precedence on the Order Paper.

Before adjourning the House, on behalf of the speakership, I would like to wish a happy Thanksgiving to all members and to all employees of the House, who do extraordinary work, from the Parliamentary Protective Service to the interpreters, not to mention the pages. I cannot name everyone so I will sincerely thank you all.

It being 2:31 p.m. the House stands adjourned until Monday, October 17, at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 2:31 p.m.)

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11 a.m.
See context

Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Mr. Speaker, I am pleased to rise in the House today to speak to such important subjects as human rights and the track record of this government, this country, in that regard.

Bill C‑281 is a private member's bill that was introduced by the Conservative member for Northumberland—Peterborough South. It is currently at second reading stage. Its long title, which is a bit complex, is an act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, or Sergei Magnitsky law, the Broadcasting Act and the Prohibiting Cluster Munitions Act. Given its title, we see that Bill C‑281 addresses some very distinct issues and makes significant amendments to a number of bills.

I want to begin by saying that the Bloc Québécois will support this bill, which we definitely think is important, particularly when it comes to human rights.

Bill C‑281 aims to increase the federal government's transparency and accountability when it comes to human rights. It does this in several ways. First, it proposes to “impose certain reporting requirements on the Minister of Foreign Affairs in relation to international human rights.” Second, it “amends the Justice for Victims of Corrupt Foreign Officials Act”, also know as the Sergei Magnitsky law. Third, it would “prohibit the issue, amendment or renewal of a licence in relation to a broadcasting undertaking” that is influenced by an entity that has committed crimes against humanity, such as genocide. Fourth, it “amends the Prohibiting Cluster Munitions Act to prohibit a person from investing in an entity that has contravened certain provisions of the Act”.

Given the scope of the bill, I would like to focus my speech on the second area, namely, amending the Justice for Victims of Corrupt Foreign Officials Act, which is known as the Magnitsky law.

The story behind this act is particularly tragic and interesting. Sergei Magnitsky was a Moscow lawyer and he revealed the largest tax fraud in Russian history. This was a fraud that allegedly benefited President Putin personally. The whistle-blower was imprisoned and tortured for nearly a year and he died as a result of this abuse on November 16, 2009. No credible investigation has been conducted by Russian authorities into Sergei Magnitsky's detention, torture and death, and the individuals responsible have never been brought to justice.

In what can only be described as a ludicrous twist, the Russian state held a posthumous trial in which Magnitsky was found guilty of the fraud that he had himself exposed to the entire world.

In subsequent years, the United States, the European Parliament, the United Kingdom, the Netherlands, Italy and Poland all passed laws and motions condemning the poor treatment suffered by the Russian whistle-blower. In 2017, Canada followed suit by enacting its own Magnitsky law. This law essentially provides for restrictive measures against foreigners who are responsible for serious violations of internationally recognized human rights.

One relevant amendment that Bill C‑281 makes to the Magnitsky law is that it would “require the Minister of Foreign Affairs to respond within 40 days”, or within any other time limit set by committee, “to a report submitted by a parliamentary committee that recommends that sanctions be imposed under that Act against a foreign national.” The minister's reply should be made public. It should also respond to the committee's recommendations and indicate whether an order or regulation will be made and explain the reasons for the decision. In short, Bill C‑281 proposes to increase the government's transparency and accountability regarding its decisions whenever invoking the Magnitsky law.

For example, let us imagine learning the identities of the Iranian officials directly involved in the arrest, torture and murder of young Mahsa Amini. Let us imagine learning that some of those officials, those executioners, have assets in Canada such as land holdings, assets, bank accounts and so on. This law would allow a parliamentary committee to recommend freezing the assets of these individuals and to ask that the government respond to that recommendation within, say, two weeks.

This bill would require that the Minister of Foreign Affairs provide a full and public response to the recommendation within a given time frame. In this case involving Iran, I have no doubt that it would take the necessary enforcement actions. After all, the elected members of this House have on more than one occasion expressed their support for the case of Mahsa Amini and condemned the Iranian regime for that crime. I think the results of the bill would be obvious.

However, there are instances where we know very well that government may not want to take a stand on a human rights issue. We can also imagine that it may not want to make a decision public on an issue involving the Magnitsky law.

I am thinking in particular of anything related to China and Saudi Arabia. With China, it could be out of fear or weakness. With Saudi Arabia, it could be in the interest of preserving an alliance with Canadian arms dealers. We know that those two countries are rogue states with respect to human rights. They would be deserving of Canadian sanctions targeting their nationals involved in serious human rights violations. One need only think of the current genocide of the Uighur minority in Xinjiang; of the terrible fate of Raif Badawi in Saudi Arabia, or journalist Jamal Khashoggi, who was brutally murdered in 2018, likely under the order of the Crown Prince; of the succession of abuses committed by the terror regime of Vladimir Putin against his opponents or simply his critics.

In my view, Bill C‑281 is relevant, as it gives Parliament more power through its committees. Basically, in my opinion, this bill would strengthen our democracy. It could potentially even improve Canada's record in defending human rights. I say “potentially” because it would force the government to take a position, at the risk of revealing its priorities, for example, with respect to Canada's policies concerning China and Saudi Arabia.

I would like to conclude my remarks by declaring my solidarity with the Iranian people, especially Iranian women, who, for 43 years, have been suffering unjustly from fanatical abuse inflicted by a handful of ultra-religious zealots.

I am hopeful that Bill C‑281 will do more, but if it can help punish even one Iranian leader involved in the murder of Mahsa Amini or any other Iranian woman, this bill will have gone a long way. In my humble opinion, this bill is truly necessary and deserves to move forward.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11:10 a.m.
See context

NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I welcome everyone back to the House after a week in our constituencies. I ask everybody to give me a brief moment this morning to wish my father a happy 80th birthday. It is his 80th birthday today. Duke McPherson, my dad, who is Frederick Clark III but is in fact called Duke, is a bit of character. We were never quite sure who was the parent and who was the child, but we always had his unrelenting love, so I wanted to take a moment to wish him a happy birthday this morning.

Today we are talking about a piece of legislation brought forward by the member for Northumberland—Peterborough South. It is a very good piece of legislation. I have long suspected the member of being an NDP at heart, because he does recognize the important value of human rights. This piece of legislation is something that all of us in the House can agree closes some of the gaps in the human rights legislation in this country. It closes some of the holes present in our human rights legislation.

Human rights, for me, is an extraordinarily important part of what we do. Canada has an obligation to be a leader in human rights. Canada has shown itself in the past to be a leader, and there are so many more things we need to do as parliamentarians, as a Parliament, as a government and as people representing our constituents to ensure human rights are protected in Canada, because many human rights are not being protected here. We also need to ensure that human rights around the world are being protected. This stems from the fact that for many, many years, Canadians have expressed concerns about Canada's human rights and the approach that our governments have had with regard to human rights, and not just the current government but previous governments as well.

We know we must do better. We know that no person should profit off the use of cluster munitions. We know foreign nationals involved in genocide or human rights abuses should not be able to broadcast in Canada. We know the Government of Canada must be more transparent with its sanctions regime, as well as the work it is taking on to defend prisoners of conscience.

While this is a very good bill that would close some gaps, there are some things it would not do. There would still be loopholes in Canada's cluster munitions legislation. We will still need a fulsome review and fix of Canada's sanctions regime, in particular the enforcement of sanctions.

Many times in the House I have stood and asked questions of the government about the sanctions regime, particularly with regard to how it is being implemented against Russian oligarchs. It is very difficult to get information on how much has been seized and how effectively our sanctions regime has been enforced. This is something that I have used Order Paper questions for as well. In fact, I was told the government could not give me the answer for the sanctions questions I had because it was not sure it would have the right answer. It was therefore not able to give an answer at all.

Of course, there are more things we need to do. We need to make sure that Canada's approach to human rights is consistent. We have seen time and time again that our human rights approach has been inconsistent in this country. There are times when Canada has been very strong and has been a human rights leader, but there are notable blind spots.

One of those blind spots is Saudi Arabia. We continuously fail to stop the sale of weapons to Saudi Arabia despite the fact that we know they are being used against civilians. We know they are being used brutally.

We fail to recognize that there is a disproportionate war happening in Palestine and Israel. International law is being broken at this moment, which is having implications for civilians.

We have not done enough to deal with the ongoing genocide happening against the Uighur people in China. The government worked very hard, and we are very grateful that we were able to get the two Michaels returned to Canada. However, there are other Canadians who are still being held in China, and we have not seen the same level of focus on them. Huseyin Celil has not seen his family in over 16 years. He is a Canadian citizen who has not seen his children in 16 years. This is a human rights atrocity that we should also be standing up for.

A personal issue that I have taken up with my Bill C-263 is with regard to our Canadian mining and extractive industries around the world and how we do not apply the same human rights lens to mining companies around the world like we do to other industries in other places. Ensuring that people in Latin America, in South Asia and in Africa are protected from the environmental and human rights abuses caused by Canadian mining companies is very important.

My colleague, the member for New Westminster—Burnaby, has brought forward some forced labour legislation that is extremely strong. I certainly hope the government looks at the legislation that the member has prepared, which he has worked with the sector to prepare, as it looks at developing its own forced labour legislation going forward.

These are some of those gaps we see in Canada's human rights response and it is vital that we close them.

With regard to this bill, the idea of requiring the minister to publish an annual report that would outline the measures the minister has taken to advance human rights internationally as part of Canada's foreign policies is an excellent idea. We probably should already have that. It is an important step that will shed light on the government's priorities and give us more information about what we need to do to push them harder to do the right thing.

However, I do have a couple of concerns. One is that Canada needs an international human rights action strategy. If we had that, then there would be something clear and concrete against which we would measure this proposed report. We want to see the government produce an action plan that will then lead to an annual report on what it will do and whether it has done it. We need that response mechanism so we can keep that in place.

In addition, the bill would require that the government produce a list of prisoners of conscience, for whose release the Government of Canada is actively working toward. This is an excellent step and I am very thankful the member has brought it forward. It does give us some transparency and some accountability. However, there is no international legal definition of a prisoner of conscience and this could mean that some folks deserving of our attention would not be included on this list. For example, could we use a term such as “prisoners detained in contravention of human rights legal standards or legislation standards?”

Even just recently, for example, the family, a Canadian family, of Dong Guangping has no idea where he is. He went missing in Vietnam. We do not know where this gentleman is. Canada can do more to work on that, helping people like him find their way to Canada.

Moreover, we do have a concern that the public list of this kind may not provide the needed nuance or subtlety that Canada needs to employ in delicate cases. Should a name not be on the list, does that mean Canada is not working for that person? We would propose a meaningful plan of action and a set of guidelines for prisoners that would ensure greater consistency and transparency and accountability to families in civil society.

We need something more useful than the list. An actual change of behaviour from the Canadian government is something that we certainly would be proposing.

Giving the parliamentary committees the right to recommend Magnitsky sanctions is an excellent proposal. It is something we should already have done. We need to be using the Magnitsky sanctions more. We need to ensure that we are specifically targeting those individuals who are causing these crimes. The Magnitsky act, implemented by Bill Browder, on behalf of his friend Sergei Magnitsky, is one of the strongest pieces of legislation we have to hold individuals responsible for human rights abuses to account. I strongly support the ability of people who are studying issues, for example, at the foreign affairs committee or wherever, to be able to contribute to that and be part of that conversation.

I would like to thank the member for the bill. This is excellent legislation. We will be providing some friendly amendments. I look forward to closing some, though not all, of the gaps in Canadian human rights law.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11:20 a.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is an immense honour for me to speak in support of Bill C-281, the international human rights act, and to recognize this as legislation that would bring together a number of important measures that advance human rights.

I want to recognize the work done by my colleague and friend from Northumberland—Peterborough South. We were together in Mississauga about a week ago doing a town hall on the legislation. It was really incredible to see a number of different communities represented at that event, and the diversity of experience that has driven people who want to see the legislation pass.

When I was first elected, I started sharing the story of my grandmother. My grandmother was a Holocaust survivor. Learning about her experience in Germany during the Second World War was a key motivator for me to get involved in international human rights work. I would share her stories and our family's experience with the different people I met. I would often hear people sharing their stories of other kinds of mass atrocities, genocides and persecutions that they or their families had experienced, which led them to come to Canada.

One of the things that is striking about our multiculturalism in Canada is that we have many people who have come to our country fleeing different kinds of persecutions, mass atrocities and genocide. Many of those have come as refugees. They carry with them the experience of trauma and violence against their families and their communities.

Those communities and those who are refugees or descendants of refugees have been a key motivator in pushing the House to do more when it comes to defending international human rights and putting forward some of the concrete ideas around this bill.

Right now, we see the horrific genocidal invasion of Ukraine happening. We see violent repression inside Russia against civil society, pro-democracy activists and others. We see the heroic freedom movement taking place in Iran. We see the worsening human rights situation in Sri Lanka. We have the Uighur genocide and other human rights abuses in China. There are many places with instances of human rights abuses.

This legislation does not name specific countries. It is not about addressing individual human rights issues as one-offs. It is about changing the framework with respect to the way the Government of Canada approaches human rights, putting in place a framework that will push the government to always prioritize human rights in its foreign policy. We need to do that not just today, but into the future. We need to do that not just in relation to particular hot spots we see, but do that, in general, in every case.

The bill is called the international human rights act. A key aspect of it that relates to most of its provisions is accountability. This is legislation that would establish accountability around human rights in two principle ways. It would force the Government of Canada to be more accountable to Parliament and the parliamentary committees when it comes to human rights. It also seeks to hold perpetrators of human rights violations accountable for their actions.

Let us start by talking about the aspect of holding the government accountable. Do I have criticisms of the government of the day's approach to human rights? Yes, I do, but the legislation is not just about the government today. It is about establishing a framework whereby any government of Canada in the future would be more accountable to Parliament when it comes to fulfilling its obligations on human rights. It would apply to future Conservative governments. It would apply to any government, that human rights should be a central part of our approach to foreign policy.

The bill would require the Government of Canada to table an annual report of the work it is doing on advancing human rights. This would be a way of clearly signalling what work the government is doing and maybe give parliamentarians an opportunity to identify absences and things the government should be doing, but is not doing. This is a powerful accountability mechanism. It is a jumping-off point for raising questions, pointing out gaps and asking the government to do more in certain respects.

The legislation also calls for that report to specifically identify prisoners of conscience, individuals who are detained around the world, who should not be detained and who Canada is advocating for their release.

There has been some debate in this opening section of the bill. Is the requirement to list prisoners of conscience appropriate? Are there cases where the government might not want to publicly list prisoners of conscience because, in some cases, private advocacy would be more effective by not naming someone publicly?

First, I know the member who is sponsoring the bill, and those of us Conservatives who are on the foreign affairs committee, will certainly be open to a discussion around reasonable amendments and hearing from witnesses as to how to strengthen aspects of the legislation. However, any exception to the public naming of prisoners of conscience should be clearly circumscribed and sufficiently narrow. What we hear overwhelmingly from family members and advocates of people who have been detained is that bringing more attention to these cases is virtually always helpful. When we say the names, when we talk about Huseyin Celil for example, when we bring more attention to these cases, their families and advocates want us to do that. They want us to highlight the fact that they are arbitrarily detained to ensure they are not forgotten. Through saying their names, by speaking out about their cases and calling for their release, we bring more attention and more pressure to that call.

Might there be exceptions? Sure. As a committee, we should talk about how to refine those cases, but there should not be carte blanche for the government to not list names maybe for some strategic foreign policy reason. We want to be bringing as much attention to these instances of arbitrary detention as possible. What we have heard from civil society is that bringing attention to these cases of arbitrary detention is helpful to those prisoners of conscience.

With respect to the international human rights act, accountability is a key part of it. One aspect of that accountability is holding the Government of Canada accountable. It has to publish this report and identify the prisoners of conscience for whose release it is advocating. It would allow us to ask questions about why this or that name is not on the list as well as suggest names that maybe should have been on that list, hoping that they are added in subsequent years, and to increase the work the Government of Canada is doing, specifically to advocate for the release of people who are wrongfully detained.

Another aspect of the accountability piece is an amendment to the Magnitsky act. I recognize the great work done in passing the Magnitsky act. It was introduced by my colleague from Selkirk—Interlake—Eastman. It was passed unanimously in the House. In fact, Canada was the first country to adopt Magnitsky sanctions legislation. We have also seen it adopted around the world.

The challenge with the Magnitsky act is that it gives a tool to the government with respect to sanctioning human rights abusers, but the tool is only as good as its use. If we, as a legislature, empower the government, as we have, with the ability to impose Magnitsky sanctions but it does not actually sanction people who are abusing human rights then we have not used that tool and it has not had the desired effect.

The fact is that there are many countries with significant human rights problems where the government has sanctioned no one and therefore there is a vital need for us to use the Magnitsky act more. That is why we are introducing with this legislation a parliamentary trigger, a mechanism whereby if a parliamentary committee passes a motion to call on the government to sanction someone, the government would have to provide a response within 40 days or another timeline prescribed by the committee. It still leaves the government with the discretion around who to sanction, which is fair enough, because it will have access to information that the House does not have. Ultimately, it is the government's responsibility to make these kinds of decisions, but we want a mechanism that requires more accountability and puts more pressure on the government to actually use the Magnitsky sanctions, something it has been reluctant to do. This accountability would push the Government of Canada to do more with respect to human rights.

Also, applying Magnitsky sanctions is about holding the perpetrators of human rights violations accountable. When there are human rights violations, Magnitsky sanctions are a way of saying to the perpetrators of those abuses that they cannot travel to or move their money to Canada. Hopefully, if countries work in concert to apply Magnitsky sanctions, it would be a significant deterrent for the human rights abusers who potentially want an escape valve from the authoritarian regimes of which they are a part.

It is a powerful coincidence that the day this bill is coming to a vote at second reading is the anniversary of the death of Sergei Magnitsky. I hope we honour his memory and the memories of all the victims of human rights violations around the world by passing the bill, bringing it to committee, studying it further and certainly looking for ways to improve and strengthen it. With this legislation we can position Canada's foreign policy, not just in this Parliament but for generations to come, so Canada can be a leader in human rights and can follow through with exactly what those communities and the people we have been meeting with across the country want us to do.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11:30 a.m.
See context

Don Valley West Ontario

Liberal

Rob Oliphant LiberalParliamentary Secretary to the Minister of Foreign Affairs

Madam Speaker, advancing human rights is an integral part of the Government of Canada's multilateral engagement in our foreign policy, and as such it does not, as the previous member suggested, ever need to be pushed toward that work.

Around the world, we are increasingly seeing concerning trends with some authoritarian governments seeking to undermine international human rights norms, be it Russia, China or Iran, including the stifling of civil society and restricting the full enjoyment of the rights and freedoms of their people. Consequently, it is important to consider new opportunities to add to Canada's tool kit so as to better respond to emerging human rights crises and to advance the promotion and protection of human rights.

Therefore, we welcome the opportunity to discuss Bill C-281, which was presented to the House by the member of Parliament for Northumberland—Peterborough South. I personally thank him for his work on the bill. The bill introduces several amendments to four statutes in an effort to uphold Canada's commitment to human rights in a strong and meaningful way.

The government supports the intention of the bill and will support it at second reading, aiming to find ways to strengthen it to effectively add to Canada's robust tool kit and our approach to addressing human rights situations around the world. We will support it going to committee for a thorough review and study by committee members.

We welcome the opportunity to work with our colleagues on the other side of the House, as well as on this side of the House, on this important piece of legislation in an effort to strengthen the bill and to address certain aspects of the provisions that would hinder the bill's ability to achieve its objective under the law.

Canada's policies and initiatives to uphold human rights abroad, including support for human rights activists, get a lot of attention from parliamentarians, and so they should. The bill proposes new reporting requirements for the Minister of Foreign Affairs when it comes to Canada's efforts to advance human rights through our foreign policy.

We agree with the objective to better demonstrate Canada's engagement in the promotion and protection of human rights. However, as currently drafted, the bill's means of pursuing the objective as it relates to the Department of Foreign Affairs, Trade and Development Act is somewhat problematic. It would impose direct instruction to the minister from Parliament concerning the conduct of Canada's foreign relations, and that could have broader, unrelated and unintended implications and consequences for the conduct of foreign relations under the Crown prerogative.

Unlike most other acts concerning federal departments and agencies, the act does not confer powers or authorities on the minister, but rather the powers of the minister are found in the Crown prerogative, which is a long-standing, valid source of executive authority. It has a foundation in Canada's Constitution, and its scope and content have been shaped through judicial decisions.

The act purposefully refrains from limiting or displacing the prerogative as a source of executive authority over foreign relations. It also refrains from giving direct legislative instructions concerning the executive's order of Canada's foreign relations. Over the years, this approach has maintained the flexibility needed by the government, no matter which party is in power, to adequately manage and balance the complexities of foreign relations in an evolving world.

In order to respect the aim of the provisions of this bill, while protecting the government's ability to conduct foreign relations, we recommend the legislative reporting requirement be replaced by a strong policy statement on human rights in the House of Commons. This statement could commit to the development of a human rights report that speaks to the ways Canada advances respect for human rights abroad, including our efforts to support the vital work of human rights defenders.

Additionally, the bill calls for the minister to publish a list that sets out the names and circumstances of the prisoners of conscience detained worldwide for whose release the Government of Canada is actively working. I want to caution that this could very much endanger the safety of human rights defenders and in certain cases could cause them to lose their lives. For example, if a human rights defender is detained in a country with known reports of torture, publicizing the prisoner's circumstances could lead to retaliation from the government.

Moreover, since the amendment proposed in this bill is not limited to Canadian prisoners of conscience, making known any interest in people detained in their country of origin would damage our bilateral relations and undermine Canada's ability to provide support to such human rights defenders.

I recognize that during the previous debate on this bill this issue was raised, and the member of Parliament for Northumberland—Peterborough South stated he was supportive of amendments that would improve this bill. I look forward to working with him to ensure that we do not inadvertently endanger the lives of human rights defenders.

Sanctions are an important tool used by Canada to address human rights violations abroad. Bill C-281 would require the Minister of Foreign Affairs to respond within 40 days to a report submitted by a parliamentary committee recommending that sanctions be imposed upon a foreign national. The Government of Canada takes the imposition of sanctions very seriously and has used the Magnitsky act and the other acts for sanctions extremely judiciously but proactively. Evaluating the feasibility and appropriateness of pursuing sanctions in response to a specific situation requires thorough and significant due diligence under the acts that govern them, including consultation, policy and legal analysis.

The bill's proposed 40-day response period would be an entirely new reporting requirement for the minister and it conflicts with the standard practice for a government response to standing committees, which is 120 days for the House of Commons and 150 days for the Senate. Furthermore, it would presuppose cabinet and Governor in Council approval and risk the measures being made ineffective.

Publicly announcing sanctions before they enter into force would effectively notify the targeted individual and as a result allow them to rapidly move their assets outside of Canada, which no one in this House would want. Finally, a public announcement of this nature would make it more difficult for Canada to coordinate our sanctions with our allies. That would hamper our ability to make effective sanctions, which are always more effective if we do them with our allies.

We therefore recommend adjusting the minister's response so that it would acknowledge the committee's recommendation and commit to its consideration while ensuring that it aligns with current standard parliamentary response practices, protects Canada's judicious approach toward the imposition of sanctions and meets the objective and intention set out in the bill.

With respect to cluster munitions, they pose an immediate threat to individuals around the world who live in conflict and post-conflict zones. In 2015, Canada ratified the Convention on Cluster Munitions and is fully compliant with the treaty. Canada implements its obligations to the treaty through the Prohibiting Cluster Munitions Act.

We welcome the prohibitions to direct investments introduced in this bill, which would make it explicitly clear that it is illegal for Canadians to invest in cluster munitions. However, the bill's prohibition to indirect investments would pose challenges to enforcement, as it would potentially criminalize indirect investors, such as mutual fund holders, who may be unaware of what investments they hold.

The media play an important role in transmitting ideas, especially ideas about promoting human rights. The bill recognizes that important role by prohibiting the issue, amendment or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being influenced by certain foreign nationals or entities of concern. This includes those who have committed acts that the Senate or the House of Commons has recognized as genocide or that have been identified under the Sergei Magnitsky law.

Actions to protect the broadcasting system from influence are important, and we welcome the opportunity to add clarity through a thorough discussion at committee of this bill.

In closing, this bill is a forward-looking effort to strengthen Canada's engagement on human rights both at home and abroad. We thank the member for Northumberland—Peterborough South for his work, and we look forward to working with him at committee to strengthen it.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11:40 a.m.
See context

Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Madam Speaker, I am pleased to be back and to rise to debate this bill, which I feel is extremely important and particularly relevant, at a time when the world order is being turned upside down on a daily basis on all continents by a failure to respect fundamental human rights.

As parliamentarians in a G7 country, we want to take concrete action to ensure that those rights are respected in every corner of the world. We have a responsibility to take a leadership role on the world stage, particularly on this issue. To do that, we obviously need clear guidelines on what human rights represent for our democracy. We must also make it clear that corrupt foreign leaders are not welcome here, specifically by blocking any interference by nations whose objectives do not at all align with our common good. That must be part of our objectives, and I am pleased that the member for Northumberland—Peterborough South has taken the initiative to present concrete ways of achieving that.

As my colleague, the member for Rivière-des-Mille-Îles, indicated earlier, the Bloc Québécois supports the principle of Bill C-281. I will remind members of a few points that explain why my party supports this initiative.

First, the text of this bill would amend section 10 of the Department of Foreign Affairs, Trade and Development Act to impose what can be considered to be new, more modern standards concerning human rights around the world. The amendment to this section would therefore require the Minister of Foreign Affairs to publish an annual report summarizing the measures taken by the government to advance human rights internationally. The minister would also be required to publish an annual list to provide an overview of prisoners of conscience who are being held abroad and whose release is being sought. This would therefore be a much more transparent process that would help Canadians be better informed about their government’s actions abroad.

I would remind the House of what constitutes a prisoner of conscience. According to Amnesty International, a prisoner of conscience is “someone who has not used or advocated violence or hatred in the circumstances leading to their imprisonment but is imprisoned solely because of who they are”. This could include sexual orientation, ethnic, national or social origin, language, skin colour, sex, economic status or religious or political convictions, among others. A prisoner of conscience is therefore a person who is in prison not because of what they did, but simply for expressing their opinions or beliefs.

This is a painful reminder of a very specific case, that of Raif Badawi. I want to take this opportunity to acknowledge the family of Raif Badawi, a prisoner of conscience who was incarcerated in 2012 by the Saudi regime for the crime of using his blog to advocate for a more open, liberal society in Saudi Arabia. He was sentenced to 10 years in prison, 1,000 lashes and a fine of one million Saudi riyals for criticizing the country's religious authorities. Although he was finally released in March, Mr. Badawi is still stuck in Saudi Arabia because he is not authorized to leave the country. He was banned from travelling for 10 years, banned from working in the media and forced to pay a $335,000 fine, which was part of his sentencing when he was convicted. It is an absolutely horrible situation that has been going on for far too long.

I commend the work of my colleague, the member for Lac-Saint-Jean, who has been tirelessly advocating since his election in 2019 for the release of Raif Badawi and and his return to Canada. He has repeatedly asked the Minister of Immigration, Refugees and Citizenship to use his discretionary power to give Raif Badawi Canadian citizenship. He even moved a motion here in the House, which passed unanimously in January. However, the government is still dragging its feet.

In this case, Quebec even paved the way for Raif Badawi to be exiled to Canada by putting him on a priority list of potential immigrants for humanitarian reasons. The federal government could do more today, but continues to refuse. That is why I believe that legislation to expand the power of the House, and therefore of parliamentarians, would be of great benefit and could have a significant impact on diplomatic efforts. I was concerned that the government would be somewhat reluctant, and that is unfortunately what I did hear in the previous speech.

With a stronger foreign affairs act, as proposed by Bill C-281, Canadians could have been better informed about what was happening to Mr. Badawi, and they could have asked their government to do more, if that was their wish, rather than relying on rumours or innuendoes for 10 years.

Bill C-281 would also amend the Justice for Victims of Corrupt Foreign Officials Act to require the Minister of Foreign Affairs to respond within 40 days to a report submitted by a parliamentary committee recommending that sanctions be imposed. The minister would also have to make public the decision made in relation to the committee report and set out the reasons for that decision.

I think it is an excellent idea, quite frankly. I know that important work is being done by all parliamentary committees, including the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development. Since its creation, this subcommittee has studied human rights in a number of countries, including Iran, Cuba, China, Honduras, North Korea, Mexico, and many others.

This subcommittee studied the case of Sergei Magnitsky, whom the Justice for Victims of Corrupt Foreign Leaders Act, also known as the Sergei Magnitsky law, was named after. The story behind this legislation is worth sharing again.

I know that some colleagues have already gone over this, but I will take the liberty of doing it again. I was not here when Parliament passed this law, but I am sure many of my colleagues who were here remember it clearly.

British American multi-millionaire Bill Browder headed up a major foreign investment fund in Russia until his company became the target of one of the biggest frauds in modern Russian history. Expelled from Russia for calling out corruption, Mr. Browder handed over control of his company to his lawyer, Sergei Magnitsky. Shortly after Browder's departure, the police seized everything in his office and took possession of his company. Magnitsky discovered that the public officials behind the seizure received a $230‑million tax refund within just 24 hours. The fact that the money was spirited out of the country proved that the whole thing had been orchestrated by high-level individuals.

After exposing the scandal, Sergei Magnitsky ended up in a Moscow prison, where he was tortured for 358 days. Eventually, he died of untreated pancreatitis in 2009 at the age of 38. Russian authorities never conducted a thorough, independent, objective investigation into the detention, torture and death of Sergei Magnitsky. Those responsible were never brought to justice. After his death, an unprecedented posthumous trial was held, and he was sentenced in Russia for the fraud he himself had exposed.

Known as the “Magnitsky law” in memory of the Russian lawyer and thanks to Mr. Browder's work with parliamentarians in Canada and around the world, this legislation makes it possible to freeze financial assets and deny entry for foreign leaders and officials who have committed serious human rights violations.

Strengthening this legislation, as Bill C-281 does, and imposing reporting requirements on the Minister of Foreign Affairs are of vital importance to citizens, who often feel as if they are merely bystanders with little knowledge of foreign affairs issues that might affect them, directly or indirectly. This would be a welcome step forward.

The Broadcasting Act would also be amended 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 entity that has committed acts that the House, the Senate or both chambers have recognized as wrongdoing. This includes potential acts of genocide.

This is a significant change that would give parliamentarians a lot of power, again, but could make a real difference in the way some of us fight for human rights. I am again thinking about my colleague from Lac-Saint-Jean, who has been fighting tooth and nail to get Canada to recognize the ongoing genocide of the Uighur people in China. He fought in vain to get the Beijing Olympic Games cancelled out of respect for the Uighurs who are suffering atrocities.

Finally, I want to comment on the change to the Prohibiting Cluster Munitions Act set out in Bill C‑281. It would expand the groups of people who are subject to restrictions under this legislation to include any person or corporation who may have a financial stake in a group or person who has committed, or aided or abetted a third party to commit, a reprehensible act under the current legislation.

On that note, I am pleased to say that Canada is finally adhering to the Convention on Cluster Munitions drafted in Dublin in 2008. Unfortunately, as we know, that is not the case for every country. The United States, Russia and China are among the few countries that have not ratified this agreement. This seems like a step in the right direction for a safer world, as does this bill as a whole, the principle of which has the full support of my party.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11:50 a.m.
See context

Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, I am proud to stand today to speak to Bill C-281, the international human rights act. I want to thank the member for Northumberland—Peterborough South for bringing forward this important piece of legislation, which would amend legislation I introduced in the House back in 2018, Bill S-226. My partner in crime in the Senate at that time was Senator Raynell Andreychuk, who worked very hard on that bill. She and I had had numerous meetings with the government, to the point where we had unanimous consent on the bill. The legislation we are debating today reintroduces some of the changes to the earlier iterations of Bill S-226.

We have to make sure everybody understands that we use Magnitsky sanctions to move in lockstep with our allies. When the parliamentary secretary says we want to have a coordinated response with our allies, our allies, whether it is the European Union, the United Kingdom, the United States or Australia, are all using Magnitsky sanctions. Unfortunately, the government has not used Magnitsky sanctions since 2018.

All the sanctions that have been brought against some of the corrupt foreign officials and gross human rights violators we are seeing today in the war in Ukraine, and what Russia has been doing with its kleptocracy, have all been under the Special Economic Measures Act. We know that act does not have the same teeth or accountability built into it as the Magnitsky law itself. Having Parliament provide a mechanism to put names on a list to present to the government through the foreign affairs committees of either the Senate or the House would provide more accountability, as well as debate and discussion as to why certain names should be added to the list.

I have worked with numerous communities for years to try to get more of these gross human rights violators and corrupt foreign officials on the list. We have submitted names to the Department of Foreign Affairs, Trade and Development and the Department of Justice, and none of those names have ended up on any sanctions list, either SEMA or the Magnitsky law. The Vietnamese community, the Cambodian community and Falun Gong practitioners have dozens of names of people proven to have committed gross human rights violations against citizens in those countries, yet the government sits idle.

Amending the Magnitsky act, as has been brought forward by my colleague from Northumberland—Peterborough South, would address that shortfall. It would allow communities and parliamentarians to come forward with names. Then, the ultimate accountability of the government would be to report back within 40 days as to why it is either taking action or not taking action. It would also file annual reports. The bigger goals are naming and shaming those committing gross human rights violations around the world.

We have to make sure we move forward with this legislation. I am glad we are getting to the point of probably having unanimous consent for sending this bill to committee, but I would say to my colleagues in the Liberal Party that, instead of trying to make a whole bunch of amendments to the bill at committee, they actually listen to the people who have suffered violations of their human rights because of corrupt foreign officials, the human rights violators who put their own ideology or wealth ahead of that of the citizens they are supposed to be serving.

We have to make sure we go back to using Magnitsky sanctions, just as our allies do, to ensure there is one declaration that these individuals have violated the human rights of their citizens, are corrupt, they are being held to account and cannot use Canada as a safe haven. I know the government has been apprehensive about using Magnitsky sanctions because it is required to report on financial institutions on a quarterly basis whether any of the names on the sanctions lists we have under Magnitsky are making use of our financial institutions to hide their wealth, or hiding their families here and taking advantage of our great universities. Those practices have to be monitored, and the best way to do that is through the amendments suggested in Bill C-281.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / 11:55 a.m.
See context

Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, it has been said before that to accomplish something one needs the support of many others. Today, I rise on the shoulders of giants. Of course there was Sergei Magnitsky, who stood up bravely against corruption in Russia and was supported by Bill Browder, who has campaigned around the world to put these sanctions in place so that gross violators of human rights and corrupt officials cannot continue to operate with impunity.

I stand here on the shoulders of great members of Parliament, such as the member for Selkirk—Interlake—Eastman, who previously put forward a private member's bill and shepherded it through Parliament with unanimous support. I stand here beside a great colleague from Sherwood Park—Fort Saskatchewan, who has worked with me to draft and put together this legislation.

It is a true honour to be in the House every day, and it is a true honour to stand to carry this legacy further. This legislation is what Bill Brouder has pushed so far and so hard for. He in a recent editorial, he stated that he supports Bill C-281. We have heard that the NDP, the Liberal Party and the Bloc Québécois support Bill C-281.

More important than the support of our political parties and even of its originators is the support I felt when the member for Sherwood Park—Fort Saskatchewan and I had a town hall. We heard from survivors of incredible violence. Many of them were standing there when the rest of their families had been murdered by some of the most gross and heinous violators of human rights in the world. They stood there. They came there even with their own drama, one who had been a sex slave for over two years. They stood up and said to me, “We support your bill. We want it done. We want this legislation pushed forward. We don't want it watered down. We want it strengthened.”

While I am 100% open to any amendment that makes the bill better, I am not open to any that makes it weaker, not because of me, Irwin Cotler or Sergei Magnitsky, but because of the people who are suffering this moment, whether they are in Tehran or Kyiv. In our position of privilege and power, we owe it to them to stand up for them. If this small little part can do it, then that is a great thing.

In addition to being at that town hall, I had the opportunity to be at a protest against the terrible crimes that are being committed by the IRGC. I brought my son along with me, to honour the 41 children who have been lost in the recent protests in Iran. My son was there observing and hearing everything about the protests, their support and the people who were victims of these terrible human rights crimes. He heard that, and we walked off the stage together hand in hand. I felt more pride then than during any of my other accomplishments in the House of Commons. He leaned over to me and said, “Dad, when I get older, I want to be just like you. I want to fight for the good guys and hold the bad guys to account.” That was from my nine-year-old son. I have never been so proud.

My message to all of the parties in the House is this: Let us make all of our children proud. Some legislation is very nuanced, so we need to have depth of consultation in our conversations. We will study this one and try to make better, but as a concept it is very easy. It is good versus evil. It is right versus wrong. It is helping those who are helpless and who have no one to help them.

We need to stand up. We need to get this to the foreign affairs committee, get it studied, get to work and get it passed so we can hold those people who are committing some of the worst crimes in this world accountable.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / noon
See context

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

The question is on the motion.

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

The hon. Parliamentary Secretary to the Leader of the Government in the House of Commons.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / noon
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we request a recorded vote.

International Human Rights ActPrivate Members' Business

November 14th, 2022 / noon
See context

Liberal

The Assistant Deputy Speaker (Mrs. Alexandra Mendès) Liberal Alexandra Mendes

Pursuant to an order made on Thursday, June 23, the division stands deferred until Wednesday, November 16, at the expiry of the time provided for Oral Questions.