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

In committee (Senate), as of May 29, 2024

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 has also written a full legislative summary of the bill.

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

Elsewhere

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

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

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

Votes

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

Chemical Weapons Convention Implementation ActGovernment Orders

December 15th, 2023 / 10:30 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I want to take this opportunity to ask the parliamentary secretary about another bill from the House that is currently in the Senate, Bill C-281, the international human rights act. That bill was passed by this House. I believe it was unanimous in the end.

It is another important bill that deals with international human rights issues, and as far as I know, it has not moved forward in the Senate. Is the government trying to stop the bill? Are members making phone calls to senators? Does the government want to allow this bill to move forward?

Important human rights legislation, wherever it comes from, should get the support of the House. We would like to see Bill C-281, which was passed unanimously by the House, be brought into law. Can the parliamentary secretary update us on what is or is not happening on this important legislation in terms of the government's conversations with the senators it has appointed?

Human RightsPetitionsRoutine Proceedings

September 19th, 2023 / 10:15 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the next petition I am presenting is on a private member's bill, Bill C-281, the international human rights act, from a colleague of mine. The petitioners highlight that Canada should be committed to upholding the protection of international human rights. Therefore, they call upon the House to pass Bill C-281 to add protections against human rights violations and to promote a stronger role for Parliament in responding to those violations.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 5:05 p.m.


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Conservative

Damien Kurek Conservative Battle River—Crowfoot, AB

Madam Speaker, as always, it is an honour to enter into debate in this place to touch on some of the very serious issues that are affecting, in this case, not just my constituents and not just Canadians from coast to coast to coast; the bill truly speaks to Canada's role in the world.

Bill S-8, an act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the immigration and refugee protection regulations, speaks to a gap that has been highlighted, and I would like to explore a bit as to why this bill is being brought forward now.

The bill speaks to a gap that exists. There are examples in Canada of those who have been complicit in, profited from or may have even been involved in some of the most heinous crimes globally, whether during a revolution or during regime changes. These people have not specifically been sanctioned in many cases, but were a part of a regime that participated in massive human rights violations. Specifically, I will get to some of those examples as they apply to Iran.

We see that there is a gap. When somebody comes to this country and applies for permanent resident status or maybe even citizenship, their application will be judged based on the merits of that application, when it is quite possible that this individual may have been complicit, as I mentioned, in very serious and heinous crimes.

What the legislation purports to do, and I will get into some of the challenges, is take a baby step in the right direction, although there seems to be as much ambiguity being added to the process as there is an attempt to address some of the challenges that exist. The bill would help to ensure that this cannot happen.

I think it bears mentioning that the changes in this bill are long overdue. Given some of the loopholes that have allowed these perpetrators of human rights violations to come to Canada and the fact that these gaps may exist, the changes are long overdue.

Why did it take eight years for that to take place? As we know, a global security challenge has shaken the very foundations of what we all came to take for granted. Specifically, as I am sure members know, that is the conflict, the Russian aggression, against the state of Ukraine. All of a sudden, there it was, although certainly there have been many conflicts, including many that have risen to the point where sanctions have had to be applied.

We see how this conflict brought in a whole barrage of sanctions against Russians and those who are sympathetic to, or involved in, the activities of a country that is devastating a state and impacting the people of Ukraine. The fact is that there would be this loophole that actors who may be complicit in abuses can profit from. The current law does not specifically mention that, and that is a key point here. That it is not specifically mentioned would grant someone the possibility of coming to Canada to be given safe haven.

As we heard in the expert testimony before the Senate committee and as we heard from stakeholders on this subject, there is some ambiguity about what exactly the bill would allow the government to do versus what the bill is being said to do. I would just highlight that it was long overdue to see these loopholes fixed, but in typical fashion, the government is proposing a bill, in this case going through the Senate, that is admirable in its intentions. The government gets an “A” for the announcement, but when it comes to the delivery and the implications of what is being proposed, there remain many outstanding questions.

I think that is a troubling trend that we have seen across a host of issues. The government, over the last eight years, has been really good at the politics of legislation; however, it fails in the actual hard work of governing, and that is truly what is key when it comes to so many things in our country. It takes hard work. It is not just about announcements. It is easy to stand in front of a podium and make an announcement; it is a whole lot harder to actually get down and get to work.

As a farmer, I know that if someone simply thought about and talked about the planting season, that person certainly will not be successful. Work is required to put the seed in the ground and to make sure that it can come to the point of harvest in the fall and everything associated with that.

It is the same thing with vineyards. There is a burgeoning wine sector in the Peterborough area. It is very exciting, and my colleague and I have had some chats about it with, I think, the chair of the wine caucus as well. I mention that as well.

I will take this opportunity, since my colleague is here talking about one of his passions, to say that it was a pleasure for me to see Bill C-281 pass just this past week, I believe with unanimous support, and how important it is that parliamentary oversight was given to the Magnitsky sanctions regime here in Canada, that Parliament could trigger that, and that there would have to be a mechanism for reporting to this place to ensure accountability to our democratic infrastructure.

The reason I believe this is important, and let me highlight a few examples of why this is important, is that we have seen an increasing disconnect between the executive government in our nation and Parliament. That is incredibly concerning for a whole host of reasons, but it very directly applies to what we are talking about here today.

Bill C-281, in one of its four parts, specifically addresses making sure that accountability comes back to the people's House here in the House of Commons and that there is that reporting mechanism.

Further, we see a disconnect, and I will not get into the myriad examples outside of this issue, in the Americanization of the separation between the executive and legislative branches of Parliament. That is very concerning. That is not how our system is meant to operate.

Our Prime Minister sits in the House of Commons and our cabinet ministers are members of the House of Commons, and it is absolutely key that there be that close connection between the executive government and the legislative branch of our government. When there is a separation, we see that many of the issues that Canadians are facing, and the scandals and the erosion of trust in our institutions and whatnot, can be pointed back to the fact that we have a government that refuses to acknowledge the will that is expressed by the people in the House of Commons. That can not be highlighted any more clearly than when it comes to the issue of the IRGC.

What is unique about Westminster democracy is that it is Parliament that is the chief arbiter of the nation. This principle of Parliamentary supremacy is absolutely key to how we do business in this country, and yet we have, increasingly, the Liberals taking things for granted. They may have confidence on financial measures and whatnot, but when it comes to actually addressing issues, of course, we see that Liberals reject the will of Parliament and by nature the will of the people when it comes to calling a public inquiry into foreign election interference.

We also saw that happen, very troublingly, when it came to the issue of the IRGC. It was this House that voted in favour of listing the IRGC as a terrorist entity. This House voted in favour of that listing multiple times. It is dumbfounding, quite frankly, that the government would refuse to take that action when the people of this country, by nature of this institution of the House of Commons, the keystone of democratic involvement in our country, have said that this should be the case.

The Liberals have tried to explain that away, but it is that disconnect that exists. It may be inconvenient to the political whims of the government on a whole host of issues but we need to get back to the roots of why this place exists.

I have highlighted some of the challenges, but let me finish by highlighting one challenge that I think merits significant attention, and that is the increasingly unstable circumstance of the situation in Asia, with China and some of the gestures that are being made toward Taiwan, and the issues with Russia's invasion of Ukraine. There are a whole host of other issues.

It behooves all of us to make sure that we get this right to ensure that Canada cannot be a place where international war criminals or those who have profited from war crimes and the worst possible actions can come for safe haven.

I support this bill. It takes a small step in the right direction, although there is certainly much more work that needs to be done.

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 5:05 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, my private member's bill, Bill C-281, provides parliamentary oversight in order for the Magnitsky act to be triggered.

Does the member believe, as I do, that sanctions are not being triggered often enough by the current government, and that there are many human rights violators who are getting off scot-free in this world?

Immigration and Refugee ActGovernment Orders

June 13th, 2023 / 3:50 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, my question related to Bill S-8 is on my private member's bill, Bill C-281. The NDP, supported by the Conservatives, introduced the idea in the amendment to have an international human rights strategy. Unfortunately, the Liberals decided to shoot that idea down. I still think it is a great one. Does the member agree with me?

Motion in AmendmentImmigration and Refugee Protection ActGovernment Orders

June 13th, 2023 / 1:20 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

moved:

That Bill S‑8 be amended by deleting the long title.

Madam Speaker, I appreciate the opportunity to address Bill S-8 today. This is important legislation that Conservatives have been supportive of. It is also an opportunity to discuss the significant problems with the sanctions regime that we have seen under the government, including the failure to move quickly enough to sanction perpetrators of violence around the world, the failure to be consistent and the failure to apply sanctions in some critical cases where that is required.

I want to focus my remarks today on expressing support for the modifications, as we supported them at committee, around inadmissibility to Canada being tied in with sanctioning. I also want to highlight the gaps, in terms of the government's responses when it has come to sanctioning.

The trend we are seeing overall, in terms of sanctioning, is to try to be as precise and as targeted as possible. This is done to minimize the harm to a civilian population in association with sanctioning and to have sharp sanctions against perpetrators of violence to hold them accountable for their own actions, as well as to sanction those institutions that are involved in violence and the flow of resources that allows violent regimes to hurt their own people and people in other countries.

More and more precise sanctions, broadly speaking, are a positive development. However, as we move in this direction, we need to ensure precision and enforcement, as well as that we are not missing things or allowing holes in the process that render the sanctions that have been put in place ineffective. We also need to ensure that enforcement is in place as required and that it is effective.

Another trend we have seen is the adoption throughout the world of Magnitsky sanctions legislation, which is part of that trend of narrowing in precision and targeting those responsible for violence. In particular, it aims sanctions at those involved in gross violations of human rights.

In the past, those involved in violations of human rights in other parts of the world would generally have stayed in their own countries. However, in the globalized world we live in today, it is much more common for oppressors, oligarchs and maybe their family members to take their ill-gotten gains and try to use them to vacation, attend school and do other things in various other parts of the world, including the United States, Canada, Europe, etc. Magnitsky sanctions provide us with a unique opportunity to try to deter human rights abuses by saying to those who are involved in gross violations of human rights that they are not going to be able to engage in this kind of travel, move their money or spend time in Canada or other parts of the world if they cross certain thresholds in terms of violations of human rights.

Another reason these types of sanctions are very effective is that, when people are part of violent autocratic regimes, they often realize that these regimes can turn on those within them. As the saying goes, “Sometimes the show trial comes for you.” These corrupt officials who have been involved in violence are often thinking in the back of their minds, “What is the escape hatch that I could have if I need to leave my country at some point? Can I move my money? Can I create a kind of golden parachute that would allow me to leave the regime I am a part of, if I need to?”

Magnitsky sanctions, by sanctioning individuals who are involved in human rights abuses, are a way of saying that if individuals cross a certain threshold in terms of violation of fundamental human rights or if individuals are identified as being involved in violence against civilians, human rights violations or threats to international peace and security, they could be sanctioned and therefore prevented from finding that escape hatch. One corollary to the point of people maybe wanting to escape at some point but being told that they would not be able to escape and using that as a way of deterring human rights abuses is that, in order for these sanctions to be effective, they have to be imposed in coordination.

If Canada, the U.S. and our partners in Europe are sanctioning different people, then those who may be sanctioned in one place but not another would still have that escape option available to them. However, if like-minded countries are coordinated, then it shuts off the potential options of escape for those involved in human rights abuses. Therefore, it puts pressure on them to stop or at least to limit their violations of fundamental human rights.

They know there will be significant consequences for them if they persist in this direction. I think we have a big problem with impunity right now. People who are involved in human rights violations believe they will get away with it, because we do not have effective systems to hold people accountable. Magnitsky sanctions are a key tool for countering that.

It is in that spirit that Senator Andreychuk and, in this place, my colleague from Selkirk—Interlake—Eastman put forward the Magnitsky sanctions bill. It initially received a cold response from the government, but eventually, it was passed unanimously. With Bill S-8, if an individual is subject to sanctions, including under the Magnitsky act, they are also considered inadmissible to Canada. It lines up inadmissibility provisions with sanctions provisions. This is positive.

The problem is that the Magnitsky act and other sanctions tools give the government tools to use for sanctioning individuals, but unfortunately, the government has been reluctant to use them. For a number of years now, the government has not used the Magnitsky sanctions tool. When it was passed, the Magnitsky act provided the government with tools for sanctioning human rights abusers under the Special Economic Measures Act, and some of that has been done.

However, the absence of the use of the Magnitsky act is troubling, especially because the act is an important mechanism of coordination among allies. Multiple countries have a Magnitsky act, and if we are able to use our Magnitsky act and coordinate with other countries' use of their Magnitsky acts, we can send a stronger, clearer message of deterrence to human rights abusers.

The government has been very reluctant to use a tool that it has been given by Parliament and encouraged by Parliament to use. Recognizing the failure of the government to use the Magnitsky act sufficiently, we have actually put forward a new private member's bill. It just passed this place, and it is on its way to the Senate.

Bill C-281 would create a parliamentary trigger mechanism that would allow a committee, in the House or in the Senate, to pass a motion calling on the government to list an individual under the Magnitsky act. The government would then have to provide a response to that committee within a time frame consistent with the time frame for responses to committee reports in the Standing Orders. It would have to provide that response regardless of, for instance, whether there is a prorogation.

We recognize the value of the coordination that we are seeing in Bill S-8, but like any other sanctions tools, it is only as good as its use. If the government is failing to use that tool, then we are still going to have a significant problem.

I want to use this opportunity to call on the government to use more sanctions and more effective targeted sanctions against the military junta in Burma. I have met with various communities from Burma recently. There is an urgent need to support pro-democracy and opposition movements in Burma, as well as to apply tighter, more rigorous and more effective sanctions against the Burmese regime.

That is the case for a number of reasons. One is that the Burmese regime is supporting and co-operating with the Putin regime. We see increasing collaboration among countries that are seeking to violently upset the international rules-based order, as well as a sharing of weapons and technology among them. If we want to effectively sanction the Putin regime and deter further violence by that regime, then we also have to be sanctioning the partners that are supplying them with military technology; that includes the government of Burma.

The government of Burma has also been involved in horrific violence against civilians. It is undertaking a campaign of air strikes targeting civilians that is horrific in its proportions. It follows, of course, the Rohingya genocide that we spoke extensively about in the House a number of years ago. It has been positive to see an increasing collaboration or reconciliation among various ethnic minority communities and the pro-democracy movement, including Rohingya in that process, of course.

More work needs to be done there, and Canada needs to stand with opposition groups. That includes sanctioning the Burmese regime. In particular, the government should be applying tough sanctions to prevent aviation fuel from getting into Burma. Aviation fuel is what is allowing the military junta in Burma to undertake these horrific air strikes against civilians. Sadly, until now, this has been a gap in terms of government sanctions, but I hope it will step up and improve in that respect.

Overall, we are supportive of Bill S-8, but we are very concerned about the government's failure to use the tools that are available to it on sanctions. We call on it to apply those tools more effectively.

Business of the House

June 7th, 2023 / 2:05 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, there have been discussions among the parties, and if you seek it I believe you will find unanimous consent for the following motion. I move:

That, notwithstanding any standing order, special order or usual practice of the House, the recorded divisions on the motion to concur in the 14th report of the Standing Committee on Health; the second reading of Bill C-284, An Act to establish a national strategy for eye care; the second reading of Bill S-202, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate); and the third 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, be held before the other recorded divisions deferred today.

Copyright ActPrivate Members' Business

May 31st, 2023 / 4:20 p.m.


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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, as I previously mentioned, my second vote on Bill C-281 did not go through accordingly on the app. I did not inform you at the appropriate time, but I am seeking permission to apply my vote as a yea.

Copyright ActPrivate Members' Business

May 31st, 2023 / 4:15 p.m.


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Conservative

Brad Vis Conservative Mission—Matsqui—Fraser Canyon, BC

Mr. Speaker, it has come to my attention that my second vote on Bill C-281 did not go through correctly. Therefore, I seek the permission of the House to apply my vote as a yea for the previous vote.

Amendment to Bill C-281 at Committee Stage—Speaker's RulingPoints of OrderGovernment Orders

May 18th, 2023 / 3:45 p.m.


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The Speaker Anthony Rota

I am now prepared to rule on the point of order raised yesterday, May 17, by the parliamentary secretary to the government House Leader regarding an amendment adopted by the Standing Committee of Foreign Affairs and International Development during the clause-by-clause consideration of Bill C-281, an act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act.

The parliamentary secretary explained that the committee adopted an amendment to clause 2 of the bill that creates a new obligation on the minister to develop and maintain a government-wide international human rights strategy. According to the parliamentary secretary, this amendment proposes a new concept that exceeds the scope of the bill as adopted at second reading. The parliamentary secretary argued that, for this reason, the amendment in question should be struck from the bill as reported by the committee.

When this amendment was proposed at the Standing Committee on Foreign Affairs and International Development, the committee chair ruled the amendment inadmissible on the grounds that it was beyond the scope of the bill. The decision was challenged and overturned. The committee then debated the amendment and adopted it.

When considering legislation, the House and its committees are guided by specific procedural rules that have been long established. In relation to the scope of a bill, House of Commons Procedure and Practice, third edition, states the following on page 770:

An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.

Bill C-281 does amend several acts, and it does create certain new obligations on the minister in relation to human rights. However, after a close reading of the bill, the new responsibilities for the minister are limited to specific areas, including communicating with families of prisoners of conscience and producing formal responses to House and Senate committees.

After careful consideration, it is the opinion of the Chair that the amendment creates a new obligation requiring the designated minister to develop and maintain a government-wide international human rights strategy. The Chair of the committee correctly concluded that the amendment is beyond the scope of the bill, as it introduced a new concept not envisioned in the bill when it was adopted by the House at second reading.

When a committee considers a bill at clause-by-clause, the committee chair must ensure that the proceedings on the bill conform to the procedural rules governing the consideration of amendments to bills. This includes ensuring that the committee’s review of the bill falls within the scope and principle as established by the House at second reading.

When a committee fails to adhere to the will of the House as it pertains to bills, it oversteps its authority, as delegated to the committee by the House. Speaker Milliken said it well when, on May 11, 2010, at page 2650 of the Debates, he explained:

As has been frequently noted, the Speaker’s involvement in committee matters is limited except in cases where a committee has exceeded its authority. The adoption of amendments that are beyond the scope of a bill is such a case....

While some members may be of the opinion that a different bill, perhaps broader in scope, ought to have been introduced, I must base my decision on the bill that actually was introduced and approved by the House at second reading.

As such, the Chair rules the amendment adopted by the Standing Committee on Foreign Affairs and International Development null and void and orders that it no longer form part of the bill as reported by the committee. The Chair also orders a reprint of the bill at the earliest opportunity for use by the House in its consideration of subsequent stages of the bill. However, given that the House is scheduled to consider Bill C-281 at report stage later this day, so as not to disrupt the business currently before the House, report stage will proceed based on the version of the bill as reported back from committee, with the understanding that when the bill will be reprinted, the text of the inadmissible amendment in question, at clause 2, will not be included.

I thank members for their attention.

Amendment to Bill C-281 at Committee StagePoints of OrderPrivate Members' Business

May 17th, 2023 / 6:30 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I rise on a point of order with respect to an amendment made in committee on Bill C-281, standing in the name of the member for Northumberland—Peterborough South. Without commenting on the merits of the amendment in question, I submit that it proposes a new concept that exceeds the scope of the bill as adopted at second reading.

Specifically, the amendment to clause 2 of the bill would add a new obligation to the minister to “develop and maintain a government-wide international human rights strategy.” When the amendment was proposed, the chair of the committee ruled it as inadmissible. However, a majority of the members on the committee voted to overturn the ruling of the chair and then proceeded to adopt the amendment, which is now found in the bill as reprinted by the House on May 4.

I submit that the ruling of the chair of the foreign affairs committee was correct and that our procedures must be respected. As a result, the proper course of action to address this matter is to order a reprint of the bill without the offending amendment.

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

May 4th, 2023 / 10 a.m.


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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, I have the honour to present, in both official languages, the 16th report of the Standing Committee on Foreign Affairs and International Development, in relation to 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. The committee has studied the bill and has decided to report the bill back to the House with amendments.

Human RightsStatements by Members

April 27th, 2023 / 2 p.m.


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Conservative

Philip Lawrence Conservative Northumberland—Peterborough South, ON

Madam Speaker, today is a good day for the cause of human rights in Canada. Bill C-281, the international human rights act, has passed in the foreign affairs committee.

Bill C-281 would help hold human rights violators accountable, raise awareness of prisoners of conscience, prevent genocidal regimes from broadcasting their propaganda on our airwaves, and it would help eliminate the vile cluster munitions from the face of the earth.

I would like to thank the member for Sherwood Park—Fort Saskatchewan for his friendship, his support and his leadership on this important legislation, and all members who worked collaboratively to get this back to the House.

However, our job is far from done. We are in a minority Parliament and there are no guarantees in a minority Parliament. That is why I call on all members of the House to work as hard as possible to get this important legislation passed as soon as possible.

Crisis in SudanEmergency Debate

April 25th, 2023 / 10 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

moved:

That this House do now adjourn.

Mr. Speaker, I want to thank your office for granting us the opportunity to have this emergency debate on the tragic situation unfolding in Sudan.

I also want to thank all the members who are here tonight. I know the hour is late and there are many issues competing for our attention, but I think we all understand how important it is to be engaged with global events in general and to recognize the nature of the crisis in Sudan in particular. Indifference to global events undermines our own security. Indeed, the best security for our freedom here at home is our investment in the cause of freedom everywhere and our willingness to stand in solidarity with those who are struggling, while also learning the lessons that we can from their experience.

I want to start my remarks this evening with a brief summary of the situation in Sudan, as well as share some reflections on key lessons that we can learn and the actions that we should be taking in response.

In December 2018, I connected with members of Edmonton's Sudanese community who wanted more support from parliamentarians for a nascent democratic revolution in their country of origin. Honestly, when I first heard from them I was surprised at the idea of a democratic revolution in Sudan. At the time, Sudan had been ruled for 30 years by the same dictator, Omar al-Bashir.

Notably, al-Bashir was indicted for genocide by the International Criminal Court while he was still in office. Indeed, he was a terrible leader. Instead of helping Sudan realize its incredible potential, he divided the country, committed numerous unspeakable atrocities and sought to redirect any of the country's wealth towards himself and his family. The country is still dealing with the legacy of his horrific, divisive and violent rule.

However, in late 2018 and early 2019, the people of Sudan boldly took to the streets to demand change. The heroes of this revolution risked everything to demand the recognition of their inherent human dignity and human rights. Human rights do not come from government. They are inherent in human beings, which is why we call them “human” rights.

In many countries around the world, we have seen these kinds of heroic, civilian-led democratic revolutions where, incredibly, under conditions of unspeakable terror, a critical mass of people take to the streets in protest and succeed in overthrowing a dictator.

Many members are today following the “Women, Life, Freedom” movement in Iran, and I think there are many similarities between that movement in Iran today and what happened in Sudan in 2018 and 2019. There are many other parallels that we could speak about.

During the revolution in Sudan, I also had a chance to meet with members of the Sudanese community in St. Catharines, along with then Conservative candidate Krystina Waler. Krystina is Ukrainian and was involved in supporting the revolution of dignity, which ousted Yanukovych in Ukraine. I recall how we discussed the similarities between those democratic revolutions and how diaspora communities here in Canada can support those fighting for democracy in their countries of origin.

This kind of comparative political discussion that can happen in Canada among diaspora communities who are working to support justice and freedom in their countries of origin are indeed some of my favourite conversations to be a part of, with Canadians from different cultural backgrounds sharing insight about how to support these kinds of freedom movements in their countries of origin.

There are often other connections, speaking of the revolution in Sudan and efforts in Iran. One of the grievances that was involved in the revolution of Sudan was the fact that people from Sudan, child soldiers, were being sent to fight in the conflict in Yemen, which is the result of the negative influence in the region associated with Iranian regime.

We can learn so much, and we can learn from listening to and working with diaspora communities. Those communities also engage and learn from each other's experience. In Ukraine, Iran, Georgia and Sudan, we have seen citizen-led democratic movements that have led to dramatic, earth-shattering change. These movements have happened because unarmed women and men have been willing to stand in front of tanks and say no.

Of course, the success of such movements is not inevitable, and there are often setbacks, such as the brutal massacre of civilians in Tiananmen Square and the failure of the Syrian revolution to deliver democratic change. These and other examples show that those who take to the streets for democratic change cannot know what the outcome will be. There was no inevitability in the course of history. People can only do their part to try to steer the future of their country towards freedom and justice.

These movements show us that, while there is no inevitable trajectory to history, there is a universal aspiration for justice and freedom that reflects the universal nature of the human creature. We as human beings are meaning-seeking, justice-seeking and freedom-seeking creatures, whether in Canada, Sudan or anywhere else.

I was inspired by the stories I heard in 2018 and 2019. I was inspired by the interim success achieved by Sudan's democracy movement at ousting Omar al-Bashir. However, the struggle has continued. Following his removal, the people have not yet been able to realize their desire for truly civilian-led government, justice for past atrocities and effective democratic rule-of-law-oriented institutions.

The challenges Sudan continues to face demonstrate two universal truths. One is that people, regardless of history or cultural context, aspire to live in genuine freedom. The second is that history matters and that a people cannot make a perfect, complete break with their past. There is no good way to wipe the slate completely clear. There will always be transitional struggles to build new institutions out of the shells of old.

In this case, one of the defining challenges is that the Sudanese military had created a kind of parallel military force during the period of al-Bashir's rule, called the RSF. The RSF was a kind of organizational successor to the Janjaweed militia, associated with horrific atrocities in Darfur and elsewhere. Both the Sudanese military and the RSF have been responsible for horrific violence. There are no so-called good guys between these two military factions, but the legacy of the creation of this parallel military structure is that rivalry has grown up between them and between those who lead them.

At the hands of both the RSF and the Sudanese military, the people of Sudan have been the victims. At times these violent groups have joined forces to suppress the Sudanese people, but today they are violently opposing each other, and the people of Sudan are caught in the crossfire. Either way, the Sudanese people are the heroes of this story, and they have also been the victims as a result of violence from both of these competing rival military factions.

Just to back up a bit again, in 2019, the Sudanese community that I met with here in Canada wanted us to be more actively engaged with events in Sudan by expressing our support for their movement, calling for freedom and democracy and indeed emphasizing the universality of those ideas, or at least the aspiration for them. I have found universally that those involved in these movements feel that expressions of support from parliamentarians and governments make a real difference. Of course, there are other tools we can use, such as the use of sanctions to punish human rights abusers and deter future abuses. However, at a minimum, paying attention to and expressing support for these movements matters. It matters to the people who are involved in them, and it matters to their supporters throughout the country and around the world. Our governments and those of us here in Parliament must always be willing to have the courage to express our support for these democratic movements.

In the spring of 2019, in the midst of protests, al-Bashir was ousted from power and a transitional military council was created. When protesters demanded a complete transition to civilian rule, the military, along with the RSF, undertook a horrific massacre known as the “Khartoum massacre”, during which over 100 protesters were killed. This was followed by a renewed negotiation between the democracy movement and the military, which eventually led to a temporary power-sharing agreement.

I think the challenge has always been, though, that it is hard to have a functioning power-sharing transitional mechanism when the military refuses to change and refuses to be accountable for its crimes and to recognize the inherent right of people to choose their own leaders. The military seized power again in 2021 and has not stopped refusing accountability or hurting the Sudanese people. Sudanese democratic leaders want to see the creation of one normal military under civilian direction and accountable for its actions, not two militaries that are accountable to no one and that are fighting each other.

Sudan's civilian leaders need to continue the work of transition, but they need our support. We need to respond to the current crisis of seeming civil war between the country's two militaries, but in the long run we need to support the Sudanese people in every way we can as they seek to finish the work they started in December 2018. I am calling on the government, as it responds to the current crisis, to not forget about the long term and to engage with the Sudanese people and the Sudanese diaspora here in Canada to find and use the tools available to indeed help the people of this country complete the work they have started.

As I said earlier, there are a number of key lessons. We can see that there is a universal aspiration for freedom and democracy that exists regardless of place, time and cultural context. We also see that history matters, because the past shapes the kinds of interests and institutions that have to be managed as part of any transition. It will be up to the people of Sudan to figure out how to walk that road, how to struggle forward in the midst of all these challenges, to try to realize their just and right aspirations. However, those of us here in Canada have both an interest in that and a moral obligation to do what we can to help them along that path.

In the current situation, as violence has broken out between these two rival military organizations and as civilians are caught in the crossfire, Canada has taken steps to evacuate Canadian diplomatic staff and other Canadians who are present in this country. I look forward to hearing updates from the government during tonight's emergency debate about those efforts. This debate is important because it gives parliamentarians the opportunity to speak about these issues, but it also provides the government with the opportunity to give a necessary update to the House about the efforts that are under way. We will expect continuing updates from the government as these efforts unfold. We must continue to be engaged with the events in Sudan, but our staff obviously must be able to do so from a place of safety.

I want to clearly highlight for the government as well that we believe it has an obligation to support any locally engaged staff, to the greatest extent possible. Media reports last summer suggested that the Government of Canada did not properly inform locally engaged staff in Ukraine about the risks to them, even though those staff were likely at a much greater risk because of their work for Canada. In Afghanistan, Canada failed to effectively assist all of those who worked with Canadian troops, even though we should have had enough time to plan and prepare. In this case, of course, we acknowledge that Canada has had much less in the way of lead time, but we want to clearly underline that from our perspective, there is a critical importance for Canada to live up to its obligations to support and assist locally engaged staff.

In the time I have left, I want to highlight a number of related issues that I think are important for the attention of the House as well.

The first is the role of the Wagner Group. The Wagner Group is officially a Russian private military organization, but in effect, it is a tool of foreign policy for the Putin regime. We have seen how the Wagner Group has been used and involved in horrific atrocities in Ukraine, but perhaps less known is the Wagner Group's role in various contexts in Africa. The Wagner Group has been hired by various states in Africa to be involved in internal conflicts or suppression of militant groups or terrorist groups in those countries. However, in the process, the Wagner Group has itself been complicit in horrific atrocities in various African countries. This has, at the same time, involved the extension of the Russian government's influence in those contexts.

I am deeply concerned about the Wagner Group and the way it is responsible for not only horrific violence but also extending the geostrategic influence of the Russian government and broadening its reach in certain contexts.

It is important to note, therefore, that while the rest of the world is talking about how to support the Sudanese people and address the violence that is undermining the democratic aspirations of the Sudanese people, the Russian foreign minister is effectively trying to sell the services of the Wagner Group to various interests in these conflicts. He has come out with a statement saying that authorities have a right to use the services of the Wagner Group. This underlines, again, the horrific mentality we see from the Russian regime, but it should also underline for us the risks of the Wagner Group and the way it is both responsible for atrocities and involved in the potential extension of the Putin regime's influence in Africa and elsewhere.

Recognizing some of these risks, I am glad the foreign affairs committee is proceeding with a study on the actions of the Wagner Group. I also think it is important for the government to act on a unanimous motion that was passed in this House calling for the listing of the Wagner Group as a terrorist organization. All parties supported that. It was unanimous. Our party has also, directly in statements, called for the listing of the Wagner Group as a terrorist organization, recognizing its involvement in the genocide in Ukraine and the role it is playing in various other contexts. We should be firm about recognizing that this is a terrorist group involved in terrorist activity. Part of what we can do to contribute to the movement toward peace and security not only in Sudan but also in other troubled contexts in the region is to list the Wagner Group as a terrorist organization.

Therefore, I want to use this opportunity as well, recognizing the statement of the Russian foreign minister, to say that the government should act swiftly to list the Wagner Group as a terrorist organization. These will certainly be questions we will be emphasizing during the foreign affairs committee's study on the role of the Wagner Group.

I also want to say that, as the government thinks about various aspects of our foreign policy, I am hopeful to see the swift passage of Bill C-281, which is currently being debated at the foreign affairs committee. This bill would significantly strengthen the Government of Canada's obligations around responding to human rights issues. It would create, for instance, a parliamentary trigger whereby a committee could recommend that certain individuals be sanctioned, and the government would be obliged to respond to those recommendations. It also requires the government to provide an annual report to Parliament on its work advancing human rights. Tools like these, which strengthen accountability to Parliament around human rights issues, would be very useful for us as parliamentarians, as we would be able to drive the government to make a stronger response to human rights challenges around the world, in Sudan and elsewhere.

Finally, I want to use this opportunity to make the point that Canada should be strengthening its engagement with Africa. I see Africa, in general, as being critical to our future. If we look at this demographically, there is dramatic population growth in Africa while we are seeing population declines in other parts of the world. Africa has immense potential and a young population, and we should be engaging the various peoples of Africa to a greater extent. It seems to me that sometimes when we see these kinds of freedom and democracy movements happening in one continent versus another, they get less or more attention. I want to see all of us, not only parliamentarians but Canadian society in general, recognize the importance and potential of Africa and the universality of its aspirations to live in peace, freedom and democracy. We should strengthen our engagement with it.

The government recently released an Indo-Pacific strategy, and shortly thereafter a colleague and I wrote an op-ed emphasizing the need for the government to develop a strong Africa strategy that responds to its potential, recognizes the need for greater engagement and recognizes the efforts of hostile regimes to strengthen their engagement and influence in Africa, which underlines the importance of our engagement and presence there.

Mr. Speaker, in conclusion, I want to thank you again for granting this emergency debate and for giving us the opportunity to talk about this important situation in Sudan and underline the fact that all of us should be deeply inspired by the heroic courage we have seen from people in countries like Sudan who are standing up and risking their lives to fight for their fundamental human rights, things that we in Canada often take for granted. The people in Sudan, Iran and other such contexts are risking their lives to fight for the recognition of their basic human dignity, their fundamental human rights. The least we can do is pay attention, engage and support them, in the short and long term, in that journey.

We need to hear from the government on what it is doing to respond to the immediate crisis and assist Canadians and others with connections to Canada, like locally engaged staff, in the midst of this crisis, and also, in a more long-term way, what it is doing to support the democratic aspirations, freedom movement and realization of the full aims of the revolution that was started in 2018. It may be a long road ahead, but we need to be there to stand with and support the people of Sudan.

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

April 24th, 2023 / 3:40 p.m.


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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, I have the honour to present, in both official languages, the 13th report of the Standing Committee on Foreign Affairs and International Development in relation to 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. The committee has studied the bill and pursuant to Standing Order 97.1(1) requests a 30-day extension to consider it.

Human RightsPetitionsRoutine Proceedings

March 30th, 2023 / 10:20 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

Human RightsPetitionsRoutine Proceedings

March 27th, 2023 / 3:35 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

December 13th, 2022 / 10:25 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, if the member wants to take it in a partisan direction, as he clearly does, I will just say that for this Prime Minister, who clearly loves photo ops, this would be a case where a meeting and a photo would actually be quite meaningful. I would encourage the Prime Minister to take that opportunity, which is one that, as far as I know, he has not taken at any point during his premiership.

However, there are other steps the Prime Minister should take. He should endorse the middle-way approach. He should vote in favour of this motion. The government should bring forward legislation on reciprocal access to Tibet, modelled after bipartisan initiatives along these lines in the United States. The government should take action to protect victims of forced labour that we are seeing targeted at Uighurs, but I believe there is also forced labour that happens in Tibet. The government should make clear statements with respect to religious freedom in Tibet.

The government should adopt a similar framework to that contemplated by a new bill in the United States that would affirm Tibet's history and Tibetans' identity as a distinct people. The government should take real action on forced labour, again modelled after the bipartisan Uyghur Forced Labor Prevention Act in the United States. The government should adopt Bill C-281, the international human rights act. It should use the Magnitsky act to target officials who are involved in gross human rights violations in Tibet.

There are many concrete actions the Government of Canada can and should take. I have no doubt that, regardless of them, we will hear members like this one stand up and say “Oh, the government is great.” I guess that is his job. However, constructively, there are specific actions the government could be taking around Magnitsky sanctions, around reciprocal access and around religious freedom that the government has not taken and should take as soon as possible.

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

December 13th, 2022 / 10:25 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, the hon. member could have done a bit more research regarding the record of the previous government when it came supporting Tibet. Many important steps were taken in regard to engagement with and support for Tibet. One of them was the former prime minister hosting and meeting with the Dalai Lama. In a constructive spirit, if the current Prime Minister of Canada would be prepared to take that step, I think that would certainly send a positive message.

The Government of Canada should be clear and vocal in its support for the middle way. I am hopeful that this motion we put forward on a number of occasions will pass now and that the House will clearly pronounce that these are important steps forward. There are many other steps the government needs to take. I suggest applying Magnitsky sanctions to officials involved in the violation of human rights in Tibet and supporting Bill C-281, which is the international human rights act.

Criminal CodePrivate Members' Business

December 5th, 2022 / 11:20 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, this bill would create a mechanism by which those involved with forced organ harvesting and trafficking would be inadmissible to Canada.

In terms of broader sanctions, Magnitsky-style sanctions, it is important that we also pass Bill C-281, which would create a mechanism through which a parliamentary committee could recommend people for Magnitsky sanctions. That would help us move forward to ensure that more people involved in these kinds of human rights violations are put on the sanctions list.

Criminal CodePrivate Members' Business

December 5th, 2022 / 11 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

,

seconded by the member for Pierrefonds—Dollard, moved that the bill be read the third time and passed.

He said: Mr. Speaker, I am very pleased to be speaking today to Bill S-223, the next, and hopefully the last, in a long line of bills that have been proposed here and in the other place to begin the fight against the horrific practice of forced organ harvesting and trafficking.

I want to thank the member for Pierrefonds—Dollard for seconding the bill and recognize the incredible work done by Senator Ataullahjan as well, who proposed the bill. I have the honour of carrying that work on in this place.

The bill would make it a criminal offence for a person to go abroad and receive an organ taken without consent. Bill S-223 would also create a mechanism by which a person could be deemed inadmissible to Canada for involvement in forced organ harvesting and trafficking. The bill recognizes the basic moral principle that killing people or exploiting them for their organs is wrong everywhere and should be stopped everywhere.

Efforts to combat this practice have been ongoing in Canada's Parliament for close to 15 years, and the time that has elapsed underlines the sad reality of how long it takes to pass good private members' bills, even when everyone agrees. However, Bill S-223 has now made it further than any of its predecessors. Having passed the Senate and now been reported back from committee without amendments, the bill only needs to complete this third reading stage and receive royal assent before becoming law. Thanks to the member for Bow River trading with me today and the member for Simcoe North trading the second hour slot on Wednesday, the bill will complete debate this week and should pass its final vote in time for Christmas.

In the past I have always given uncharacteristically short speeches on the bill, trying to engineer an early collapse to debate to move the bill along more quickly. However, given that we now have the security of a second hour for debate lined up and a tight time line to move forward in any event, I will use the opportunity to now, for the first time, to lay out my views on this subject in the level of detail that the full time allows.

The bill responds to one particularly egregious human rights violation, but it would also take an important step toward the embracing of a vital principle of human rights more broadly; that is, the idea of the universality of human rights and of the responsibility of nations to prudentially use the means at their disposal to protect fundamental human rights, not only within their own nations but for every human being in every corner of the globe.

Bill S-223 would apply criminal prohibitions against organ harvesting and trafficking beyond Canada's borders. It recognizes that organ harvesting and trafficking is not just wrong in Canada as a result of particularly Canadian values or a particularly Canadian social contract. Rather, it recognizes that organ harvesting and trafficking is wrong because it denies the universal principle of inherent human dignity and value, a principle that should be understood and applied universally. In this sense, the bill seeks to continue the process of innovation around the principle of national sovereignty that began in 1948 with the promulgation of the Universal Declaration of Human Rights.

Today, I would like to make the case for the importance of embracing this continuing process of innovation, though with appropriate balance and with necessary parameters.

The principle of national sovereignty comes most sharply from Peace of Westphalia, which ended 30 years of war in the Holy Roman Empire in 1648. National sovereignty emerged as a necessary practical compromise from the new reality created by the Protestant Reformation. Prior to the Reformation, western Europe had a kind of moral and religious unity, with the Pope as spiritual leader and the Emperor as a temporal ruler whose practical jurisdiction varied from place to place, but who expressed a kind civilizational unity of the western Christian world.

The Reformation ended that unity and led to generations of wars, with most of the Catholic powers struggling to restore that civilizational unity and with the Protestant powers, with the periodic help of France, seeking to break the power of the Pope and Emperor and create a reality in which nation states could be their own authority in most areas. The Peace of Westphalia, more from exhaustion than decisive victory, marked the end of this period of religious wars and the beginning of the period of nation states.

Notably, this was not the beginning of some great flowering of individual freedom, liberty and human rights. The division of Europe into blocs meant that Catholics were persecuted in Protestant nations just as Protestants were persecuted in Catholic nations, and later as Catholics were brutally persecuted in anti-religious revolutionary France. Westphalia was not about saying that individuals could believe and do what they liked; it was “cuius regio, eius religio”, the religion of the ruler shall be the religion of the state. Under these circumstances, religious persecution continued for hundreds of years, and nations, though less inclined to fight wars over religion, fought wars that reflected the aspirations of rulers, no longer checked or mediated by super-national structures that reflected civilizational unity.

The 18th and 19th centuries saw the rise of new universalist movements. The French Revolution and later Marxism were great threats to existing structures and ideas of national sovereignty, because they made universal claims about the kinds of power structures that should exist, instead of accepting the Westphalian idea that it was up to the local political authorities to decide how a place would be governed.

These movements were obviously different, but a common thread can be discerned in the thinking of political universalists of both the pre-Reformation and the Revolutionary type. They believed that, insofar as there is such a thing as truth, insofar as there is such a thing as human nature and insofar as there is a resulting right and wrong way for a people to be governed, efforts should be made to apply these principles universally. There is intuitive logic to the idea that truth and justice for human beings in one place should be the same as truth and justice for human beings in another place.

There are more modern arguments made for the rejection of this kind of moral universalism that propose the general subjectivity of truth. I will comment more on these arguments later. For the time being, we should note that the emergence of national sovereignty as a principle in European politics did not arise from the rejection of absolute truth in religious and political matters. Rather, it arose from the practical recognition that such universals could not be practically enforced through warfare, at least not at any acceptable cost. The idea of national sovereignty was seen as a necessary political compromise to preserve some measure of peace and security.

It is hard to say how well national sovereignty actually worked at achieving its objectives. One can never test counterfactuals, but we can never know what would have happened in Europe if this piece of political technology had not been invented. Certainly, Europeans kept fighting wars of various kinds after 1648, but the return of the broadest and most devastating European wars tended to align with the emergence of new universalist ideologies.

Following the last of these total European wars, nations came together to try to shape a new kind of settlement. This included the formation of the United Nations in 1945 and also the signing of the Universal Declaration of Human Rights exactly 300 hundred years after the signing of the Peace of Westphalia.

Many of history's human rights declarations, especially prior to 1948, were calls to arms or efforts to justify a violent revolution. The Universal Declaration of Human Rights was radical insofar as it asserted the universality of various fundamental human rights, but it was also conservative in the sense that it was the project of nation states, within a framework that still recognized nationality with sovereignty, it did not legally bind the state signatories to actually uphold the rights therein, and, of course, it did not contain a call to armed enforcement by the people.

This provided a somewhat contradictory foundation, and international human rights law has continued to evolve and grow since 1948 on that foundation that recognizes both national sovereignty and universal human rights as being of great importance.

Notwithstanding the evident tension between these concepts, international diplomacy and law today recognizes that we cannot and ought not dispense with either. An absence of recognition of national sovereignty would lead to perpetual conflict between nations representing irreconcilable philosophical systems. This was the background prior to the Peace of Westphalia and a reality intermittently renewed by the rise of universalist revolutionary and totalitarian movements.

However, the absence of any limits on national sovereignty aimed at protecting universal human rights would create a reality in which we would look the other way when nations would commit the most dastardly crimes toward their own people. Any moral person who believes in justice and universal human dignity must, at a certain point, refuse to consent to allowing certain evils to be committed in the name of national sovereignty. Even if the only consideration is national sovereignty, history shows us clearly that nations that show capricious disregard for the rights of their own people quickly become a menace to their neighbours.

Recognizing the necessary tension between national sovereignty and international human rights, the approach of many nations has sadly been to talk the talk of international human rights, but not to put in practice meaningful mechanisms to enforce such rights.

The clearest example of this approach is the approach taken to the crime of genocide. Canada is a party to an international convention that seeks to define and make illegal the crime of genocide, regardless of assertions of national sovereignty. I strongly support this idea in principle and in practice. Slaughtering a group of people in an attempt to eradicate them is a horrific denial of universal human dignity of the person, and we should do what we can to prevent it. However, unfortunately, while assenting to the idea in principle that genocide should be an international crime, the Government of Canada has been reluctant to actually recognize any acts of genocide while they are progress. It claims that its obligation to act in response to genocide is triggered by a determination by some undefined competent international authority, even if such authorities are easily manipulated by the state committing genocide.

Additionally, this line from the government is fundamentally out of step with our actual legal obligations under the Genocide Convention. Our obligations, as a signatory to the convention, are to uphold that convention, which includes our responsibility to protect victims of genocide, regardless of national sovereignty and regardless of determinations by UN bodies. This is the legal obligation that we have assumed.

I also acknowledge the reality that it is not prudential to send in our troops in every case where genocide is happening. However, rather than burying our heads in the sand and denying the existence of genocide, the government could seek to clearly define the nature and also the limitations of how we would operationalize a responsibility to protect.

In my view, we need to develop real tools for practically integrating a commitment to universal human rights with a commitment to some form of national sovereignty. If an individual is involved in a violation of international human rights and if the nation state in which the person lives elects not to punish them or even condones their actions, national sovereignty limits our ability to punish this criminal. However, without resorting to means that are imprudent and likely to lead to even greater violence, we should still seek ways to punish those involved in human rights violations beyond our borders and thus deter criminals from committing these crimes.

Enter Bill S-223, a little bill with a big idea. It is the idea that we should use the means reasonably at our disposal to punish violations of fundamental human rights that happen beyond our borders. We could do this by punishing Canadians who are complicit in these acts of violence and by shunning foreigners who are involved in such violence. In light of the emergent reality of global connectivity, these kinds of limited tools are still meaningful and begin the process of deterring crime that happens beyond our borders.

It is a good thing that, if we agree it is always and everywhere wrong to do such and such a thing to a human being, we try to come up with some mechanism of accountability for these crimes that is prudent and that does not return us to the kind of world that existed between the Protestant Reformation and the Peace of Westphalia.

This idea of actively applying international human rights principles extraterritorially is about us doing what we can under the circumstances to advance justice. A commitment to this principle is why I have worked hard on this bill and also why I strongly support similar legislative mechanisms, such as the increasing use of Magnitsky sanctions, the adoption of Bill C-281, which is the international human rights act, and the adoption of Bill S-211. I support these legislative efforts to promote justice beyond our borders, because my children here in Canada are no more or less human than Uighur children, Rohingya children, the young nephew of my assistant who faces a hard winter in Ukraine or Kian Pirfalak, a nine-year-old boy who was murdered by police while attending a pro-freedom protest in Iran.

In conclusion, I want to return to a question I raised earlier: the case for universal moral claims in a world made up of diverse cultures and political traditions.

Every society since the dawn of time has tried to regulate itself with doctrines of something like morality. It is impossible for people to live together in a community if they do not regulate their interactions in some way. Furthermore, it is in our nature as beings to try to live rationally, to try to explain the decisions we make with reference to some good or goods.

However, while there has never been a society without some kind moral doctrines, and while those moral doctrines have sought to protect the lives and security of certain individuals, most societies have excluded certain groups or individuals from that protection. They have sought to protect an in-group without protecting an outgroup, seeking to narrow the definition of what it is to be human and perhaps allowing the exploitation of the outgroup for some advantage.

The core of my political philosophy is a simple commitment to universal humanism. It is the idea that we should not think in terms of in-group and outgroup when making decisions about fundamental human rights. If we are to speak authentically about human rights, then these are rights for all humans, regardless of age, environment, citizenship, skin colour or any other factor. Throughout history and still today, there are many who seek to limit the human family for their own convenience, but I believe that a person is a person.

Naturally there are certain kinds of rights that do flow from exchange. A worker has a right to wages. That is a right particular to the worker. A citizen has certain rights that accord with the obligations they have taken on to the nation in which they live. However, when we speak of human rights, these are rights that do not exist because of exchange. Rather, they are rights that flow from the universal nature of the human person.

Ideas of rights and justice are philosophical propositions that cannot be proven scientifically. All doctrines of human rights have their roots in something like faith: in the embrace of propositions that are not scientifically verifiable. However, the idea of universal human rights flowing from a universal humanness can be supported by observing how it accords with the universal aspirations of all people.

Today, as we speak, the people of China and the people of Iran are taking to the streets bravely demanding change. As we speak, incredibly, both of these totalitarian governments are at least feigning in the direction of concession. Also, the people of Ukraine have resisted and continue to heroically resist Putin's invasion, even as more and more Russians bravely express their own discontent.

I am proudly here today endorsing this universal movement for freedom and justice, to say that a person is a person no matter where they live and to say that we can and should prudentially work to affirm and give greater meaning to the idea of universal human rights.

Government Business No. 22—Extension of Sitting Hours and Conduct of Extended ProceedingsGovernment Orders

November 14th, 2022 / 12:25 p.m.


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Liberal

Mark Holland Liberal Ajax, ON

Madam Speaker, I completely agree that I have made mistakes; I am not without sin. I try to talk directly about those things. However, I would disagree with something very important the member opposite said. I have yet to meet a man or woman who stops making errors in sin. Is he that person in front of me? I do not think that is what he is saying, but I do think the fundamental lesson is whether we learn from that. It is not whether we make a mistake. It is whether we atone for that mistake, whether we are truthful about that mistake and whether we move forward.

Nothing exists other than the moment we are in right now and the conversation that I am having. I do not believe that I am coming across with grievance. If the member wants me to be more specific, let me talk to Bill C-281. The member for Northumberland—Peterborough South, who was just speaking, talked about his son, the type of world he wanted to have and why he was supporting the bill. I do not deny that those are his motivations. I do not deny that is what he is trying to do.

The member opposite can vociferously disagree with my approach, but surely he cannot disagree that, like him, I am a person of character trying to make a difference in the world and in this country. I know how hard it is to get elected. I know how difficult it is to be an MP. When we do not talk with compassion to one another, then people do not treat us with compassion. If they do not think we are hon. members, they will not listen to what we have to say.

Uighurs and other Turkic MuslimsPrivate Members' Business

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


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

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


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

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

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

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


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

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

The report states:

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

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

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

c) waive the UNHCR refugee determination;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

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


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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