An Act to amend the Criminal Code and to make consequential amendments to other Acts

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

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

This enactment amends the Criminal Code in order to create a regime under which the Minister of Public Safety and Emergency Preparedness may authorize an eligible person to carry out, in a geographic area that is controlled by a terrorist group and for certain purposes, activities that otherwise would be prohibited under paragraph 83.03(b) of that Act (which becomes subsection 83.03(2)). It also makes consequential amendments to other Acts.

Elsewhere

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

Votes

June 12, 2023 Passed 3rd reading and adoption of Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts

Criminal CodeGovernment Orders

March 27th, 2023 / 6:25 p.m.
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Liberal

Marie-France Lalonde Liberal Orléans, ON

Madam Speaker, I thank my colleague for presenting some points of view that are indeed very important.

From the beginning, we brought in a number of measures to temporarily fulfill our commitment to help the Afghan people. However, these measures have their limits.

When we introduced Bill C-41, representatives from the Red Cross were right there beside us, talking about the additional work they would be able to do thanks to this bill.

Of course, we are in the House to debate this bill, and Parliament must pass it. We still want to improve it. Recommendations were made at the special committee, and this legislation needs to pass as quickly as possible.

Criminal CodeGovernment Orders

March 27th, 2023 / 6:25 p.m.
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Bloc

Monique Pauzé Bloc Repentigny, QC

Madam Speaker, let us be clear. Essentially, Bill C-41 is about finding mechanisms to allow trustworthy organizations to go and help the local population.

A large part of the parliamentary secretary's speech was about the welcome that Afghans have received in Canada, but now we are talking about ways to help the locals. For example, under the current laws, the Red Cross cannot go into Afghanistan to help.

Does the parliamentary secretary really believe that Bill C-41 strikes the right kind of balance between sanctions against terrorists and exceptional humanitarian assistance measures?

Many organizations, as well as the opposition parties, have intervened to say that they are very concerned that the bill does not strike that balance.

Criminal CodeGovernment Orders

March 27th, 2023 / 6:05 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Madam Speaker, we definitely are responding to the situation in Afghanistan, but I also look at Mali, and I also look at what is happening down in Haiti right now. There are a number of other failed states where we see gangs and terrorist organizations in control. I worry about Lebanon and the increasing influence that Hezbollah has there as the country continues to try to recover after the massive blast in Beirut, with all the damage and lives lost.

That is why I do like some of the parts of Bill C-41 that would provide flexibility to the minister and the department to do reviews more than every five years. They could do them as they see fit. I would hope the government would listen to parliamentarians, the Standing Committee on Foreign Affairs and the International Subcommittee on Human Rights. If they were to raise red flags, I hope the government would act upon them to ensure that, where we see dollars being diverted illegally into terrorist organizations or illegitimate governments, it can put a stop to any fundraising activities or dollars flowing to aid organizations to ensure we are not directly or indirectly financing terrorism.

Criminal CodeGovernment Orders

March 27th, 2023 / 5:55 p.m.
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Conservative

James Bezan Conservative Selkirk—Interlake—Eastman, MB

Mr. Speaker, it is a pleasure to be able to rise in the House and speak to Bill C-41. I am going to be supporting this bill to get it to committee so it can undergo the vigorous review it needs to ease the concerns Canadians have. There are organizations that want to provide humanitarian assistance to Afghanistan in particular, but also to other areas of the world where terrorist organizations are in control, and they need to be able to do so without any repercussions here in Canada.

As we know, this bill would make some major changes to the Criminal Code to impact those individuals and organizations that are trying to help people who are the least privileged in the world and who are in crisis right now, especially in Afghanistan. There are over four million people who are starving. There is a lack of food and resources available to support the citizens. Those are largely women, girls and single-family units that do not have the ability to raise money.

In saying that, I want to first and foremost pay tribute to the brave women and men of the Canadian Armed Forces who served in the conflict in Afghanistan. Over 40,000 Canadians went to war in Afghanistan against al Qaeda and against the Taliban because of the terrorist attacks of 9/11. They served from 2001 to 2011, and the last of our troops came home in 2014.

We witnessed 165 Canadians die; 158 of them were brave soldiers of the Canadian Armed Forces and seven of them were civilians who were there assisting our forces, assisting the Government of Canada, working on diplomatic missions and working on things like humanitarian relief.

We have seen the consequences of that war for those who served. Thousands have come back with both physical and invisible injuries, whether it is PTSD and other operational stress injuries, or actual physical injuries, such as missing limbs. This still impacts our veteran community with a high level of suicide. Over 2,000 members were physically wounded or injured while serving in Afghanistan, and we have to continue to be with them.

I want to make the point that Canada committed itself to this war against terror in Afghanistan. It cost us in lives, we spilled blood and we spent a good portion of the treasury in fighting against the Taliban. It cost $18 billion just in military contributions, as well as in provincial reconstruction.

In addition to that, another $3.9 billion over two decades, from 2001 to 2021, was spent in humanitarian assistance building schools, building roads and infrastructure, and providing meals. We made sure Afghanistan converted from a poppy agricultural industry providing opium and other opioids on the illicit drug trafficking market around the world, to actual commodities it could trade legally in the global context that would provide a better, more sustainable way of life.

However, here we are today with an illegitimate government led by Taliban leaders who were complicit in the crimes against humanity that we witnessed before 2001 and that they are now undertaking today in Afghanistan. There are an illegitimate prime minister, Mullah Mohammad Hassan Akhund, and supreme leader, Mullah Haibatullah Akhunzada. These are people who helped orchestrate attacks against our own soldiers and our own civilians working in Afghanistan.

They have banned girls and women from going to school. They have taken most women out of the workforce so they are unable to provide for their families. They have reinstated the mandatory wearing of the burka, and other very misogynistic and chauvinistic policies that continue to trample on the rights of women, minority groups and minority religions.

We know that the Taliban today is actively hunting those Afghans who worked alongside our Canadian Armed Forces as interpreters, truck drivers and support workers in our military bases and forward operating locations throughout the Panjwai district where Canada served, and in Kandahar. Something we need to remember is that those we fought against are again back in control. We all saw on TV how it played out in 2021, as Afghans ran to planes to get out of the country, climbing aboard wherever they could. They were begging us to come back and begging Canada, the United States and others to come get those who wanted to go to our countries.

We knew this was coming as well. We knew that the U.S. had announced it was going to do its drawdown in 2021 when it announced it the previous year. Global Affairs Canada was raising this with the Minister of Immigration, Refugees and Citizenship, saying that we had to act to get our Canadians, as well as our friends and allies, out.

It was not until the actual collapse of Kabul started that we finally saw some action. The first to come out was our diplomat corps, on a half-empty airplane. It was a disappointment for all Canadians and an embarrassment for the government, that we could have saved more and decided not to.

Over 17,000 Afghans who served with Canada made application to come here. Over 11,000 of them have been approved, and over the past three years, about 9,500 have been able to make it to Canada. A lot of us, in our offices, continue to advocate and find ways out for those who served alongside our forces. We had some luck a couple of weeks ago in having another Afghan interpreter get to safety here in Canada, but the support in Afghanistan from the government is non-existent.

We know that these Criminal Code amendments are necessary to ensure that those out there wanting to do God's work in Afghanistan would not be turned into people who are considered complicit in terrorism. We want to make sure that organizations like World Vision, the Red Cross and Red Crescent are able to go out there and help those in need without having to worry about whether they are going to be charged back here in Canada.

However, we have to be diligent, and one thing we need to find out through committee study is how the government would continue to monitor the situation. How would the government decide whether organizations are being coerced or are having to pay big bribes to the Taliban and other terrorist organizations around the world and essentially redirect money that would help the terrorist activity, the human rights violations and the atrocities that we, all too often, are witnessing?

We have to be diligent and vigilant in making sure the government and the department are continuing to oversee this. As we look at Bill C-41 and start providing exemptions for different organizations and individuals, we have to go into this with eyes wide open. We have witnessed other terrorist organizations raising money here in Canada. Hamas, Hezbollah and ISIS all have been able to raise funds in the past to fund their terrorist activities around the world, so we have to be very diligent.

The House of Commons passed a motion unanimously in 2018 recognizing the IRGC, the Islamic Revolutionary Guard Corps in Iran, as a terrorist entity. If the Government of Canada would finally list it as a terrorist organization, we could also make sure it could not raise money here in Canada now that it does actually have assets.

Though I support getting this bill to committee and making sure we provide relief to those who need it the most, the most disadvantaged people in the world, we also have to be extremely critical in our analysis at committee to ensure that those who want to have other nefarious means do not exploit this for their own terrorist ideologies.

The House resumed consideration of the motion that Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Criminal CodeGovernment Orders

March 27th, 2023 / 5:35 p.m.
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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, I will be splitting my time with the hon. member for Selkirk—Interlake—Eastman.

The title of Bill C-41 is a bland one, an act to amend the Criminal Code and to make consequential amendments to other acts, but the impact on people's lives is exciting. This bill is about providing help and hope for those in desperate need. It highlights the Canadian tradition of caring for those in other countries.

As we are all aware, the situation in states under terrorist rule can leave innocent people in dire need. As a member of the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development, I have heard many tragic reports from those with first-hand experience of war and authoritarian regimes where basic human rights are not recognized. As someone who came to Canada from a war zone, I can empathize with those innocent people who did not choose the authoritarian regimes that they may be forced to accept.

Canadian values of helping those in need are rooted in a Christian humanitarian world view. We want to help where we are able, and Bill C-41 would allow us to do just that. Canada does not take unilateral military action against aggressive regimes. Our way is to work co-operatively with like-minded countries for the benefit of everyone, and while military force is sometimes necessary, building international consensus can take time. While that is happening, innocent people can suffer. This legislation attempts to address that suffering.

For example, Canada does not recognize the legality of the Taliban government in Afghanistan, as the Taliban is a terrorist entity. We have no relations with it. We do not support terrorists. However, the people of Afghanistan are in need and their terrorist government has no desire to help them. Drastic changes are needed in states like Afghanistan, but more war is not the answer. This bill is a sign that Canada recognizes that. As we deal with the reality of the situation in Afghanistan and elsewhere, this bill would allow us to assist the critical organizations involved in providing immediate aid to those people most in need.

Our role as parliamentarians should be to have a free and open debate about the specifics of Bill C-41, which includes conducting an adequate study in committee. However, we should not be delaying the passing of this bill. To achieve this goal, I would suggest that the justice committee launch a prestudy on this bill. By doing so, we would allow a thorough study of this act and provide interested Canadians the opportunity to debate and understand the specific details of what Bill C-41 has to offer.

Canadians do not want to endorse non-democratic states. However, the on-the-ground support offered through various activist-led operations should not be hindered due to the oppressive cultural and political climate entrenched in these states. We need to promote “Women, Life, Freedom” in these areas. Real changes have to start somewhere. This bill has the potential to provide a beacon of hope to those in dire need of humanitarian aid. There is also the potential to leave a distasteful legacy if we in this House fail to launch a swift and adequate study of this bill.

It is important to the Canadian people that we stick to our true democratic values. Because of this, upholding the legacy of honourable success stories should be of utmost importance. The Canadian war efforts from 2001 and 2014 in Afghanistan highlighted the tragic failure of democracy against a terrorist stronghold. Since the reoccupation by the Taliban in 2021, it has been made abundantly clear that our approach was not effective in creating lasting change.

Our Canadian troops heard first-hand the stories of Afghan citizens of repression under the Taliban. They not only fought for their Canada, but they also fought for the good, innocent people they grew to love in their day-to-day lives. The grim situations they observed first-hand in Afghanistan should be enough for us to see that this bill, which would allow aid groups to meet the needs of the desperate without fear of criminal charges, should be supported.

One of my staffers, whose mother served with our troops in Afghanistan, has recounted the stories her mother shared of her time serving there protecting the people from the Taliban. As she struggled to reintegrate into the Canadian way of life upon returning, she found herself facing deep grief and inner turmoil as the Taliban once again seized power 13 years after she had physically left the country.

My colleagues, that mother's experience is not hers alone.

Canadian troops put their lives on the line not only for their country, but to help Afghan women and children have hope of a better life. Years of conflict and violence led to a humanitarian crisis that shattered the innocence of these people. Many were left with the impression that dangerous and unethical acts are how one earns the love desired from one's parents. Their sense of purpose in life is determined by the warped world view of the Taliban.

No child should have to grow up in fear, but that is the situation in Afghanistan. While we cannot do anything at this point about the government that creates that fear, with Bill C-41 we can probably do something to help with the humanitarian crisis the Taliban has created. We owe it to our veterans and to our fallen soldiers to continue the effort toward a better humanitarian situation in Afghanistan. We cannot let their sacrifices be in vain.

Bill C-41 would allow us, as Canadians, to help the immediate situation on the ground while other work is being done behind the scenes to influence the meaningful societal shift required.

With that in mind, I believe approaching the situation from both the top down and the bottom up should be the most effective way of inciting the change we seek.

This bill provides the foundation that assists on-the-ground organizations to operate in terrorist-run states. However, we must tread carefully. Bill C-41 still needs work. The people of Afghanistan, and others, still need help. We must ensure this bill is swiftly examined and improvements adopted.

We might, for example, want to look at our duty to protect Canadians who become targets of oppression in states like Afghanistan. Citizens who courageously go to these states to provide humanitarian aid to the suffering victims of these states know the Government of Canada will support them in any way it can.

Many questions will arise as this bill progresses through this House and we should allow some time to address the concerns of our colleagues in a thorough but timely fashion. A prestudy by the Standing Committee on Justice and Human Rights would assist in this goal.

To be quite honest, the real question is whether Liberal government members are serious about providing protection for aid organizations and will make it a priority or whether it will be consigned to the legislative back burner as not important. Human lives are at stake. The choice is theirs.

Criminal CodeGovernment Orders

March 27th, 2023 / 5:25 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I have a couple of things to say.

First of all, my colleague referred to Ukrainian refugees, but I am not sure if he perhaps failed to understand that the government does not list them as refugees, so they are not given the protection that refugees should have in our community.

The other thing he talked about is Afghan refugees. I have to tell him that I was in my office during the last constituency week talking to interpreters who have had their families and co-workers left behind by this government. I have talked to interpreters who supported our military, who supported our country, who have been left behind.

Yes, absolutely, I will say that we have been able to bring many people here from Afghanistan and from Ukraine, but I will not say that we have done a good job of it, that we have not left behind people to whom we had deep obligations. That is not anything to do with Bill C-41, which is an entirely different thing.

If we are not going to bring people out of their country so they can survive a genocidal terrorist regime in their own country, I do have to tell the member that humanitarian aid is the support we can give them.

Criminal CodeGovernment Orders

March 27th, 2023 / 5:05 p.m.
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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I have to say I was a bit nervous there for a minute after the Conservatives made it so I was unable to give my remarks last week. I was worried that was going to happen again. I am quite happy they are just cold at the moment.

As always, it is my great delight to stand in this House and represent the people of Edmonton Strathcona. Today, we are talking about something that is very close to my heart and something that I have been working on for most of my career. While I am delighted to stand representing the people of Edmonton Strathcona, I am not delighted to be having this conversation at this moment in time.

In February 2021, six months before the fall of Kabul, I wrote to Mr. Garneau, the Minister of Foreign Affairs at the time, and I explained to him what was going to happen in August of 2021 if the Canadian government did not take action. I raised that again during question period in May 2021 and spoke about how people in Afghanistan needed Canada to stand up.

We all know what happened in August 2021. We all know how we failed the people of Afghanistan in August 2021. We know the reasons for it. I am not going to get into that here. We failed them on immigration. We failed them on humanitarian aid. We failed the people of Afghanistan in so many different ways.

Today, we are talking about a bill that is supposed to fix that failure. Today, we are talking about Bill C-41, which is a humanitarian carve-out. Let me correct that; it is supposed to be a humanitarian carve-out for humanitarian organizations.

We are in this place right now debating a bill that took 18 months to come to fruition, while so many Afghans suffered and starved. The government took 18 months. What we have right now is not even what the humanitarian sector asked for. It is not even what we have been calling for the past 18 months.

I stood in this House and asked for a humanitarian carve-out for humanitarian organizations so that Canadians who wanted to help in Afghanistan could do that and so that Canadians who have decades of experience working with the people in Afghanistan could do that.

I raised that in the House on November 30, 2021. I asked if the minister, at the time, was going to act with the urgency required to make sure there was a humanitarian carve-out in place so that Canadian organizations could work in Afghanistan and could help people in Afghanistan who were suffering so much under the current regime.

Instead, what we have now is a bill that will limit the abilities of humanitarian organizations. Let us make this very clear: This is not just about Afghanistan. This is about all humanitarian contexts. What we decide with this legislation will have impacts in Gaza and Yemen, and it will have impacts in all kinds of humanitarian contexts. While we are looking at it within the scope of Afghanistan right now, it is not just about Afghanistan and every single person needs to understand that.

I was speaking to experts. I am sure many of us spoke to experts within the humanitarian sector. MSF recently put in a published response to Bill C-41. It said:

Criminalizing Canadian humanitarian agencies or their staff for working in territories controlled by terrorist groups would be contrary to existing international norms and laws, most notably the Geneva Conventions, and might even be unconstitutional. There is legal precedent in Canada supporting the claim that, owing to the life-saving purpose of humanitarian aid, it cannot be considered criminal to provide it, even when a terrorist group may accrue some benefit from that aid.

MSF works in some of the most horrendous circumstances in this world. It is saying that this legislation does not meet the needs that needs to be met. I have heard some interesting things.

I have spoken to the Minister of Public Safety, the Minister of Justice and the Minister of International Development. I have spoken to all these ministers and asked, “Who is responsible, and when is it coming?” I have also listened to all three ministers tell me that it is someone else's problem, that it is someone else's fault and not to worry, that someone else is dealing with it or that it is too complex for them to undertake.

I want to tell members what some of the other countries have done. The Australian Department of Foreign Affairs and Trade announced that:

Australia [would implement] the [UN Security Council's humanitarian] exemption immediately relying [upon] the Charter of the United Nations Act 1945. Accordingly, assistance or activities covered by [the Security Council's exemption]...do not constitute an offence under Australian sanctions laws.

The United Kingdom amended its regulations to indicate that its financing prohibition does not cover the delivery of humanitarian assistance or other activities that support basic human needs in Afghanistan. There is also the U.S. and the European Union. They all amended their legislation. In fact, with respect to the United Nations, on December 22, 2021, the UN Security Council decided through resolution 2615, the drafting of which was spearheaded by the United States, “that humanitarian assistance and other activities that support basic human needs in Afghanistan” do not violate the council's sanctions regime.

The council also specified:

[T]hat the processing and payment of funds, other financial assets or economic resources, and the provision of goods and services necessary to ensure the timely delivery of such assistance or to support such activities are permitted.

That happened on December 22, 2021. Therefore, countries around the world that are our allies who also believe in the rule of law, humanitarian assistance and humanitarian law were able to make this humanitarian carve-out. However, Canada took 18 months and has not provided a carve-out. Let us be very clear: This law is not a humanitarian carve-out. Why is this so important and pressing? Why have I brought this up in the House and written to the ministers time and time again? Why has every party in the House raised this issue?

My colleague from the Bloc just brought up recently how long he has been calling for this. The Special Committee on Afghanistan was calling for this. Why have we all been acting for this? It is because a record number of people in Afghanistan need our help.

Hunger does not wait. It is not waiting for us to have time or for it to be convenient for the rest of us. People are starving to death in Afghanistan. I have to say, Canada has spent billions of dollars, and we have lost the lives of Canadian soldiers on Afghanistan soil. We have a relationship with Afghanistan. We have an obligation to the people of Afghanistan.

They do not need our support when things are going well. The people of Afghanistan do not need us to step up when all is well. However, when six million people are at risk of severe malnourishment, tens of millions of people are food-insecure and cannot have enough food to eat, the economy has failed, there are drought conditions and climate change has made it impossible for the people of Afghanistan to feed themselves is when they need Canada to step up. That is when we need to do the work to help the people of Afghanistan.

Do not get me wrong, Madam Speaker: The Taliban is a horrendous terrorist organization by all definitions. What the members of the Taliban are doing to women and girls in that country right now is so repugnant and disgusting to me. However, we cannot stop helping people because of that. We still have to help people who are there. I would like to have every single schoolgirl be able to come to this country because if they cannot learn in their country, I would like Canada to do everything it can. I would like to say that an unlimited number of Afghans should be able to come here and study.

I know that I am very angry right now, but I will say one thing. I give speeches in my community all the time. I go and talk to students. It is a really important part of our role as parliamentarians to be in our communities.

I was talking to a grade 6 class about the importance of being a parliamentarian and my role as the foreign affairs critic. I talked about how one of the worst things for me was knowing that women and girls could not go to school in Afghanistan. Teaching women and girls fundamentally changes a country; it is the best thing we can do to deal with climate change, to teach women and girls all these reasons.

This beautiful girl in the front row put up her hand and told me that she was a refugee from Afghanistan, and she was in Canada studying and learning. It was such an incredible and beautiful thing to see.

I will come back to Bill C-41. One of the things that I think is very interesting about this is the way our humanitarian assistance has developed in this country. We have an Official Development Assistance Accountability Act in law. There is a law in our country, put in place in 2008. I was thrilled to be part of the civil society groups that were pressing for some of the legislation back then.

We have a law in place, and it says that Canada's humanitarian and development assistance would go to those most in need and that we would support those most in need. Not only is it law; it is Canadian values. My goodness, every Canadian wants to support people who are most in need and who most require our support. How can there be a better case for providing humanitarian support? How could that be possible?

Over the past eight months, close to 10,000 Canadians have joined the Aid for Afghanistan campaign, calling on the federal government to remove barriers to life-saving aid and assistance in Afghanistan. It is absolutely clear that Canadians support providing this humanitarian assistance. This is what they have been asking for.

The restrictions that Canada has in place have prevented Canadian organizations from doing that, from getting life-saving assistance to the most vulnerable and actually living up to our obligations under international law.

This is a country that has a feminist international assistance policy and is supposed to have a feminist foreign policy. From what I have been told, we have one; it is just not written down. I do not know if the government knows how policies work. This a country that is supposed to be a feminist leader and that is supposed to be leading the world, but we know that the impacts are disproportionately felt by women and girls. The impacts of the poverty in Afghanistan are being felt by women and girls. The human rights abuses that are happening in Afghanistan are disproportionately happening to women and girls.

All the rhetoric that we use with regard to humanitarian assistance impacts women and girls more, and yet this carve-out does not help us. I am going to say why it does not help us. First, and I have mentioned this already, it is a registry. It is not a humanitarian carve-out. It is not a carve-out in the same way that the UN, the U.S., Australia, the EU or the U.K had carve-outs. It is not that.

It was also developed despite the expertise in our country. The government did not liaise with, listen to or hear the sector. The sector was clear on what they needed. The experts in humanitarian aid, those who are experts at what they do, told the government what was needed and what they needed to see.

That is not what this legislation is. For the life of me I do not understand why the government would not want to listen to the experts in the field, who know what they are talking about.

Another thing that is wrong with this is that because of the way it is drafted, it puts humanitarian organizations at risk. It does that by actually interfering with their ability to be neutral and to be seen as humanitarian.

I was quite concerned when the current Minister of International Development was appointed. Humanitarian and development organizations spend all their time making sure that they are not associated with the military or defence, that they have neutrality and the ability to do their work on the ground. This bill would limit that. That is why neither the International Committee of the Red Cross nor MSF supports this bill.

We do not know what the bill would look like in other contexts. Right now, the bill has been developed because of what we are seeing in the Afghanistan situation. However, as I raised earlier, it does not talk about what happens if we are talking about other terrorist groups or listed entities. What would the bill mean in northern Nigeria? Can we not provide humanitarian aid there? What about Yemen and Burkina Faso? All these countries have similar challenges, and the legislation would apply to those groups as well. However, we have not heard from the government how it intends to deal with that.

We do not know if the bill is just for Canadian citizens working for Canadian organizations. What about a Canadian citizen working for another organization? What if there is a Canadian citizen working for the United Nations? Do they need to apply to be able to do that work? All of a sudden, the clarity is not there, and organizations that desperately want to get into Afghanistan and provide that help do not know what the bill would mean. They do not know what those expectations would be. They do not know what they would be legally allowed to do, and for an organization, that is terrifying. It is very frightening for any organization to think that it may be forced to stop doing the important work it does because it has broken regulations the government has put in place that the organization does not even understand and that have not been explained.

We do not know how the bill would work with smaller organizations or diaspora organizations. For a long time I have called on the government to increase the support for small and medium-sized organizations and for diaspora organizations. These organizations on the ground know the context and the communities. They have long relationships with these communities, but the legislation before us would make it much harder for them to be able to provide support.

Canadian Women for Women in Afghanistan is a phenomenal organization in Alberta. Right now it is doing everything it can to get educational products to women and girls in Afghanistan. Despite not being able to receive funding and all the things that are happening right now, it is still trying so desperately to get education to women and girls in Afghanistan. As Canadians we should be proud of an organization like that, but the legislation would make it harder for Canadian Women for Women in Afghanistan to do the work it needs to do.

Then, we look at the processing piece of the bill. We have a situation right now where Global Affairs Canada is not able to process things as quickly as it promised. This is not a slight in any way on the overburdened bureaucrats at Global Affairs Canada. It is not able to move things forward as fast as it would like because it is understaffed and overburdened; moreover, the clarity from the Liberal government has not been there.

We can think about the urgent situation we find ourselves in, and then we have a situation where urgency is required and we are asking Global Affairs Canada to add another layer of burden to those who cannot keep up with the current burden. This is not a system that will work. A carve-out would mean that all humanitarian organizations would be free to go forward. The legislation before us would mean that we have just kicked that can down the road again; once more, we are failing Afghanistan. Once more, the Canadian government has failed to live up to its obligations to Afghans.

I, for one, stand in this place. I am happy to work with anyone to make the bill better so that it meets the needs it has to meet for the people of Afghanistan. I am ready to stand in this place and work with anyone to make sure Afghans are no longer being failed by the Canadian government.

Criminal CodeGovernment Orders

March 27th, 2023 / 4:35 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I have been waiting for this day for more than a year. We are finally debating a bill that should have been introduced a long time ago. Last year, I had the honour of sitting on the Special Committee on Afghanistan with my colleagues from different parties, some of whom are with me today. I was one of the vice-chairs.

It was at the meeting on February 7, 2022, already more than a year ago, that I had the honour of asking the witnesses one of my first questions. This is the first time I have done this, but I am going to quote myself, because I think it is important. This is what I said: “They said that the Criminal Code might need to be amended so that NGOs on the ground could operate in Afghanistan without fear of being accused of funding terrorism. In my opinion, this is a very important subject that we need to address. What are your thoughts on this...?”

I said that on February 7, 2022. Since then, I have asked that question every chance I get. I even introduced a unanimous consent motion in the House on February 22, 2022, to allow non-governmental organizations to do their work on the ground. That was over a year ago. The motion was defeated by the Liberals, and now we find ourselves debating this bill in March.

I put that question to the organizations themselves and to the various ministers who appeared before the committee. Surprisingly, the Minister of Foreign Affairs, the Minister of Public Safety and the Minister of Immigration, Refugees and Citizenship all replied that they agreed with me. That was in meetings of the Special Committee on Afghanistan.

One year later, we can finally debate a topic that everyone agreed on over a year ago. Democracy is great, but sometimes it takes a while.

It will come as no surprise, then, that I was quite happy to hear that such a bill was finally being introduced and to hear the government announce that it was going to amend Canada's Criminal Code to allow humanitarian aid to flow again and to allow NGOs to do their work without fear of prosecution. I hope that is what happens.

This bill is further proof that the opposition can spur action in Quebec, Canada and around the world. After applying pressure to the government together with my friends from the Conservative Party and the NDP, I am delighted with this huge victory. The Bloc Québécois is always pleased to help. I believe that all my colleagues from the other parties are also pleased to help. That is the reason we ran for office in the first place.

Now, we must expedite the process because it has already taken too long. The Bloc Québécois can be counted on to fast-track this bill because the people of Afghanistan need help now. I say “now”, but they have needed our help since last winter when we were debating this issue. This is a useful bill that will help us make progress in the area of humanitarian aid.

The caveat is that we need to work quickly, but not too quickly. We have three hours to debate this bill, which will then be sent to committee. There are things we can discuss and on which we can agree in order to improve the bill. I will first touch on the more technical aspects. The government tabled Bill C‑41, an act to amend the Criminal Code and to make consequential amendments to other acts, on March 9, 2023.

Currently the bill is at second reading. As it is currently written, the Criminal Code does not include any exemptions to facilitate the delivery of these essential activities in regions dealing with terrorist groups. As I mentioned earlier, this bill amends one of the Criminal Code's anti-terrorist financing offences to facilitate the delivery of much-needed international assistance, immigration activities, and other assistance in geographic areas controlled by terrorist groups. In other words, these amendments would create a new authorization scheme that would allow those that provide humanitarian or other critical assistance, to apply for an authorization that would shield them from the risk of criminal liability if the terms and conditions of the authorization are respected.

We have to understand that the Taliban, as the current de facto authority in Afghanistan, is likely to receive revenue from any payments needed to support humanitarian aid.

Under the Criminal Code, any Canadian or person in Canada making or authorizing such payments would risk contravening the Criminal Code's counter-terrorist financing provision. That is what we have now.

Despite the uncertainty, most organizations have continued to respond to crises around the world, but problems have grown exponentially since the Taliban, a listed terrorist entity, took control of Afghanistan in August 2021. In that regard, the scale of the humanitarian and economic crisis that the Afghan people are now facing cannot be overstated.

On paper, Bill C-41 rectifies this inability to make exceptions for organizations that are trying to deliver humanitarian aid on the ground. The bill is the proposed solution, and some aid groups support it.

However, what is wrong with this approach is that there are already many legal provisions that the government could strengthen rather than imposing a whole new set of legal hoops for humanitarian organizations to jump through. There is also the fact that humanitarian aid workers have said that the current amendments create more red tape for them, as my colleague said earlier.

For the sake of clarity, here is what is in this bill. Under this regime, the following people would have the power to grant an authorization to NGOs: the Minister of Foreign Affairs, the Minister of Immigration, Refugees and Citizenship, the Minister of Public Safety, and delegates with the power to grant authorizations. That is a lot of people.

These authorizations will shield applicants from criminal liability in the course of certain activities, including the delivery of humanitarian aid, when they would otherwise be at risk of violating the Criminal Code. It is really about time.

When deciding whether or not to grant an authorization, the Minister of Public Safety will examine applications referred by the Department of Foreign Affairs or the Department of Immigration, Refugees and Citizenship and will take into account their assessment of the application.

In other words, the goal is to determine whether the advantages outweigh the disadvantages in terms of the risk of financing terrorism. This is done through a system of information sharing between departments to conduct the security review that must be done prior to granting authorization. However, all this remains to be seen, because it does not mean that the authorization will be granted.

What happens if the authorization is not granted? Let us look at that together. Under this authorization regime, in the event of a negative response from the Government of Canada, the bill provides for the possibility of judicial review if authorization is not granted.

There is legal precedent in Canada that supports the assertion that because of the life-saving purpose of humanitarian aid, it cannot be considered criminal to provide such aid, even if a terrorist group may in some way benefit from it.

This does not mean that humanitarian organizations are shielded from anti-terrorism legislation. It means that they should not be presumed to be violating the Criminal Code simply because they operate in places like Afghanistan.

The problem is that Bill C-41 turns that presumption on its head. It uses an approach based on mistrust, one that requires humanitarian organizations to prove their abilities before they are allowed to respond to emergencies, and no one knows how long that process will take. One thing we do know, however, is that approval would involve at least two departments and up to nine security or regulatory agencies.

I cannot speak for my colleagues, but I myself have had numerous opportunities during my time in the House to see how slowly the Canadian government bureaucracy moves. Bill C‑41 provides for applications for authorization to be processed by the Government of Canada within a reasonable time. That does not necessarily instill much confidence.

Despite the positive advances in this bill, what worries me is the number of interventions required between departments and the impact that such a bill could have on humanitarian organizations. It is no secret that, when it comes to processing times, I get the impression that the federal government does not spend much time checking the clock.

The situation for the NGOs and above all the Afghan people, the men, women and children who are suffering, is deteriorating before our eyes. Time is running out.

When the time came to create this committee, a Conservative motion proposed that the Special Committee on Afghanistan be created. It was not going to be adopted because there was no consensus in the House. If the Conservative motion had been presented as worded, it would have been defeated.

The Bloc Québécois came up with a possible amendment to the proposal to create the Special Committee on Afghanistan, adding a requirement that the committee focus not only on the fall of Kabul, the federal government's failure to support the Afghan people and what happened before the Taliban took power, but also on what we could do now and in the near future.

We entered into a dialogue with our Conservative friends about this amendment and we managed to get everyone in the House to support it. Then the opposition parties voted for the motion to create the Special Committee on Afghanistan. It is important to highlight this, because the committee's mission is to find out what is being done now and how we are helping people who are experiencing suffering that we in the House will never experience. Things are horrible there. Women and parents are being forced to sell one of their daughters in order to feed their other children. These are the kinds of horrors we heard about in meetings of the Special Committee on Afghanistan. That is why we wanted to create it, to come up with recommendations and to help the Afghan people as quickly as possible.

We have known about this problem for over a year, but today the government comes along and tells me that it was complicated to draft. The Minister of Foreign Affairs, the Minister of Public Safety, the Minister of Immigration, everyone in the Liberal Party agreed that there is a problem and that we need to do something about it, but they said it takes time. The Minister of International Development also got involved, saying that we need to do it, but that it will take time, so we need to give them time. We are being told it is normal for this to take so much time.

There is a question I ask myself when I get up in the morning. As I often mention, I have a Post-it note on my bedside table that says, “Who do you work for?” When I open my eyes, that is the first thing I see. I work for Quebeckers and the people of Lac-Saint-Jean, but I also work for everyone who needs help around the world. It is part of my files, but I am also fundamentally human and I am a representative of the people. We have a duty and a responsibility toward people who are suffering.

Now the government is telling me that it was too complicated and that it is understandable that it took so much time. I will give an example. When the pandemic hit the entire country, I think the government acted fairly quickly to implement special aid programs. It only took the government two weeks to create the Canada emergency response benefit and subsidies for businesses when people were losing their jobs. Now, however, the government says it is understandable for this to take a year and a half, even though children are dying in Afghanistan, women are selling their children and Canada is unable to deliver humanitarian aid because of the Criminal Code. Come on.

I am rather appalled by that. I understand that I have plenty of Liberal colleagues who are acting in good faith, who want to help and who agree with us on this subject, but I think there is a problem somewhere in the machine. It is not right for the government to be able to create aid programs really quickly when people are losing their jobs in Canada but not when children are dying in Afghanistan. I think that is unfathomable and disgraceful.

I am going to end with that because I do not want to get too wound up, and this is still good news, after all. However, now that we have wasted so much time, we need to get Bill C‑41 in place. How likely is that that the bill is well written and we can all agree on the amendments coming from the humanitarian NGO community, all together and not in committee?

What I am asking is that the parties come to agreement through informal conversations before sitting in committee and that everyone agrees quickly. I am hoping that there will be no debate in committee and that the amendments that are agreed upon are voted on quickly. Let us not waste any more time; we have wasted far too much over the last year.

I will say it again. The first question I asked with respect to this issue was on February 7, 2022, in the Special Committee on Afghanistan. The motion received unanimous consent, so I tabled it on February 22, 2022. What day is it now? It is March and April is coming. There was snow in the Parc des Laurentides, but it is sunny here. It is spring. It should not have taken this long.

Let us make sure that from now on it moves as quickly as it can and that this bill is as well crafted as possible to allow our NGOs to do the work on the ground, to help women, men, children and the Afghan people through one of the worst humanitarian crises on the planet.

Criminal CodeGovernment Orders

March 27th, 2023 / 4:30 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, again, we see the eagerness of Liberal and NDP politicians to shift the conversation to abortion.

I would just assure them again that there is a study happening at the foreign affairs committee. Four meetings have taken place. Neither of the members who have tried to divert this conversation from aid into Afghanistan to that issue have been at the foreign affairs committee. I participated actively in that study. My comments are on the record.

I would rather focus our discussion today on Bill C-41, which is the bill that is before the House. On this point, I agree with the member. This raises some questions about small organizations and whether small or medium-sized diaspora-led organizations would have an easy time accessing these exemptions. That is why I have raised this idea. What if we say that if one organization receives an exemption to operate under particular conditions in a particular place, then another organization that is doing more or less the same thing would be able to benefit from the same exemption?

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March 27th, 2023 / 4:30 p.m.
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Bloc

Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC

Madam Speaker, I listened carefully to my colleague's speech. If the government was as quick to introduce this bill as my colleague was in reading his speech, Bill C‑41 would have been passed a long time ago. I want to congratulate him because I have never heard someone say so many words so quickly.

There are a lot of things in this bill. Members know that I care a lot about this bill. With the support of my colleagues, I was one of the first to ask questions about this. We have been waiting over a year for this bill, and it is here.

We have a lot of questions about Bill C‑41. One quickly comes to mind. Authorization must be sought from a number of departments and agencies. That is not clear. What Bill C‑41 is saying is that the Government of Canada must give answers to these requests in a timely manner.

Does my colleague believe that this will be done in a timely manner—

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March 27th, 2023 / 4:10 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I will. It is my right to speak in the House. I appreciate that.

Transforming Afghanistan was a great and noble goal, but doing worthwhile things is never easy. Supporting the democratic development of Afghanistan was always going to be a long process, and if it was going to work, then it would require a long-term commitment.

Tony Blair is right, in an ultimate sense. The people always ultimately choose freedom over tyranny, but the short-term optimism of the post-9/11 era did not pay enough attention to the need to gradually and painstakingly develop the institutions and political culture of a free pluralistic society over time. We were too quick to want to declare mission accomplished. We cannot expect to simply chase out the bad guys and then roll out the template of free democratic institutions because there is no single template for such institutions.

The core problem was that so-called neo-conservatism was not, in practice, sufficiently conservative. Conservatism, in its essential form, emphasizes the importance of local culture, tradition and familial attachments. To succeed, the institutions and culture of free democracy must be built on that pre-existing local foundation.

There is no single template for democracy because democracy succeeds when it builds on pre-existing cultural structures that have existing legitimacy, which then confer that legitimacy on the emergent democratic structures. This is how democracy was successfully built in the west, especially in the Anglo-American tradition over a long period. If those advancing democracy elsewhere do not build on the existing cultural foundation, then there will inevitably be rival centres of power that compete for legitimacy with the new democrat institutions.

In practice, neo-conservatism was not sufficiently conservative because it did not sufficiently take stock of how deeply embedded traditions and authority structures need to be collaborated with and harnessed in order to build free institutions that are authentic to the local setting over time. Any work of external nation building requires both great patience and even greater humility.

Free societies are not built like buildings. Rather, they grow like trees. Our own long history of halting democratic development in the west building on pre-democratic foundations should have made it clear to us that democratic development was always going to be a long-term project if it was going to be completed.

In one sense, the work of securing democracy is never complete. As the saying goes, the price of liberty is eternal vigilance. Save for the possibilities of divine intervention or nuclear annihilation, there is no such thing as the end of history. That is as true in Afghanistan as it is anywhere else. The work of building Canadian democracy is not complete, so why should we have expected it to ever be complete in Afghanistan? Of course, the hope of many, and rightly so, was that at some point along the way, external troops would be able to fully withdraw and Afghans themselves would be the ones vigilantly guarding and defending their own freedom, no longer needing outside help.

The critics of continuing western involvements in Afghanistan believed we needed to end so-called forever wars at a certain point and to leave the country to its own work in this regard. This framing of forever wars was highly misleading.

American troops have been stationed in Korea for much, much longer than they have been in Afghanistan. Nobody considers that American presence in Korea a forever war. America's presence in Korea is rather a matter of a contingent of troops helping to guarantee the peace. The withdrawal of Americans from South Korea would create a significant heightened risk of catastrophic conflict, so it is good for America to keep a contingent of troops there as long as is necessary.

The nature of America's presence in Afghanistan was different of course than the nature of its presence in Korea, but the western presence in Afghanistan was still consistent with the gradual drawing down of engagement, more limited air support backing the Afghan army, extremely low casualty figures in the later years compared to the height of the conflict and a trajectory whereby a smaller and less costly presence could, over time, still help sustain local democracy and security.

The fall of Afghanistan to the Taliban was not the inevitable result of facts on the ground. It was the result of a political choice that reflected a change in the western mood, the shift from too optimistic, impatient interventionism without sufficient cultural understand to too pessimistic isolationist abandonment.

As we have seen, the politics of isolationism and withdrawal, of putting domestic issues over external security imperatives, has led to global democratic decline, greater insecurity and ultimately a higher risk of costly war. This is why, in an age of further threats to free democracies, we must be vigilant and active, embracing realistic optimism and strategic patience and making the investments and the sacrifices that are required to keep the world a safe place for freedom and democracy.

The quote I read earlier continues with the poignant line, “The spread of freedom is the best security for the free.”

I hear from time to time from constituents who want us to ignore events far away and instead to simply focus on challenges at home, but history teaches us that impulse to retrench from the world always leads to the decline of democracy and liberty and to threats from abroad washing up on our own shores. When this spirit prevails, the long-term costs to our own well-being and happiness are inevitably much higher than if we had been engaged with international events from the beginning. I hope we learn the lessons of that history and we apply it.

As it relates to Afghanistan, we must now turn our attention to that other legacy of 9/11, which is the impact of anti-terrorism legislation. Anti-terrorism legislation was designed to confront the threat posed by violent non-state actors. Certain states do engage in acts that would fit any coherent legal definition of terrorism, but we have generally found it useful to maintain the possibility of some intercourse with hostile or rights-abusing governments, even those that use terrorism. The extreme isolation associated with a terrorist listing was therefore designed for violent non-state actors as opposed to violent state actors. This design, though, has been stretched and complicated in certain respects in recent years.

First, certain organizations, such as the IRGC or the Wagner Group, may simultaneously function as an international terrorist organization and as part of, or a close affiliate of, a state. In our view, these organizations should still be listed as terrorist entities, but we should acknowledge that such designations move us closer in the direction of capturing state-affiliated entities, instead of just non-state actors, with anti-terrorism legislation. Designating the particular organs of terrorism, rather than the state itself, still provides space for some interaction with other state organs, and is therefore, in my view, quite doable, even without amending the Criminal Code as it exists.

More complicated is the case in which a terrorist organization comes to occupy and function as the de facto authority in the state, and this is now the case in Afghanistan. Removing such an organization from the terrorist list would clearly send the wrong message and weaken legitimate and important sanctions against that group. Withdrawing the designation from a terrorist group once it takes over government would appear to suggest that one way for a terrorist group to get off the terrorist list is to simply take over territory. Again, that would clearly send the wrong message.

However, the Criminal Code, as it currently exists, was not designed for the situation in which a terrorist group also functions as the de facto authority in a state, so it is reasonable to look for ways to make these provisions nimbler, if that nimbleness allows us to preserve the listing of terrorist groups as terrorist groups. Rather than removing the terrorist designation from a terrorist organization that is still a terrorist organization, we should be prepared to thoughtfully amend the Criminal Code to still allow some presence in, and engagement with the people of, a country when that country has been overrun by a terrorist organization without in any way legitimizing that organization.

This brings us to the particular provisions of Bill C-41. Bill C-41 would allow the Government of Canada to grant very limited exemptions to the Anti-Terrorism Act to allow the delivery of humanitarian assistance in areas controlled by terrorist organizations. The legislation does not name Afghanistan or the Taliban directly, but it is clearly designed to allow the government to grant narrow exemptions that would allow the delivery of emergency humanitarian relief into Afghanistan.

Afghanistan faces an ongoing humanitarian crisis, in large part as a result of Taliban misrule. Terrorists are generally not very good at running an economy, yet Canadian charities have not been able to deliver essential humanitarian aid because in the process of delivering that aid to the Afghan people, they may run afoul of the Anti-Terrorism Act and thus risk criminal prosecution.

In this particular case, we are not talking about the expenditure of public funds. We are talking simply about increasing the precision of Criminal Code provisions to give private Canadian charities the freedom to deliver private funds to the suffering people of Afghanistan. Bill C-41 does not prescribe the precise form of the exemptions the government will grant. It would simply give the government the power to grant these exemptions. It is reasonable for a government to have this power to deal with contingency situations, although the government will necessarily be held accountable for its judicious and effective use of this power.

On the basic objective of Bill C-41, the biggest problem I have is that it comes too late, not too late to be useful, but too late for many who have already been suffering under Taliban misrule for over a year and a half. Peer countries have been way ahead of us in addressing this problem, and Parliament has been pushing the government to address this issue for almost all of that time. In fact, immediately after the 2021 election, Conservatives proposed a motion to create a special committee on Afghanistan. When it reported to the House last spring, that committee recommended that changes be made to allow humanitarian assistance to get into Afghanistan. Following that, this past fall, the foreign affairs committee unanimously agreed to my motion calling for changes that would allow humanitarian assistance to get into Afghanistan, reiterating what was in the Afghan committee's report, and the committee adopted a second motion on the matter, proposed by the NDP earlier in the winter session, yet it has still taken until the end of March to actually begin debate on this bill.

When I met with international development stakeholders on the bill, they emphasized a significant concern about timelines, and in a few different senses. They highlighted the issue of timelines for the passage of the legislation in the hope the government will choose to prioritize it within its legislative agenda so the legislation can, indeed, move forward. The bill does need to be studied and debated thoroughly, but we are prepared to move it forward as quickly as possible, provided that sufficient time is set aside for study and debate.

While the principles are important, the bill is technically and legally complicated and does require meaningful examination, but stakeholders are not only concerned about the timeline for the passage of this bill. They are concerned about the timelines the bill would create for them in being able to get to work on the ground. Until this legislation passes, international organizations are potentially prohibited criminally from running humanitarian or development programs in Afghanistan if there is some risk of any portion of those resources eventually ending up in the hands of the Taliban.

This legislation would allow the Minister of Public Safety to grant certain narrow exemptions. From the perspective of these organizations, the legislation marks an improvement. However, the process associated with accessing these exemptions would be time-intensive and potentially highly bureaucratic, with no timeline set out. Again, it is not only about how long it takes to pass the bill, but also how long it would take organizations to be authorized to get to work.

The proposed process is that an exemption would be granted after a thorough review by the public safety minister, but only after the issue has been referred to that minister by another minister, either the immigration or foreign affairs minister, who would presumably have to conduct their own analysis. Exemptions would also have to be granted for each individual organization. If one development organization applies for and receives an exemption to operate a particular program, then another organization, running essentially an equivalent program in the same or different geographic area, would also have to apply for their own separate exemption.

There is also a great deal of uncertainty about how widely an exemption would apply. Would an organization that got an exemption to run a program in one province in one year have to apply for another exemption to extend the program, run the same program in a different province or run the program in another year? From my reading, there is a certain lack of clarity around the breadth of the exemptions that would be introduced.

Multiple organizations doing essentially the same work would each have to apply separately instead of simply being able to proceed with their work based on an exemption granted to someone else. This process seems more bureaucratic and costly than it needs to be, and it raises questions about whether the actual exemptions would be in place in a reasonable amount of time.

It also raises concerns about equity. Would the government subject certain organizations to more scrutiny than others, and would small and diaspora-led organizations be able to access these exemptions alongside larger organizations that have a longer history of working directly with the federal government?

Conservatives have repeatedly highlighted the need to ensure the inclusion of small and diaspora-led organizations in our thinking about international development. It is perhaps natural and inevitable that certain trusted partners are more likely to receive direct government funding, but it would be a grave problem if small and less-known organizations continued to face criminal prohibitions on delivering aid while larger, better-known players were given exemptions in identical situations.

It would seem reasonable for the government to establish certain general categories or situations of exemption, which would apply to all organizations, rather than only grant exemptions on an individual case-by-case basis. We will be digging more into this specific part of the issue at committee. Although we feel there is an urgency around the timeline of passing this legislation, there is also an urgency to ensure that processes are streamlined so that we can get assistance to the people who need it as soon as possible.

When I have been consulting with Canadians about this legislation, some have asked if aid should be flowing into Taliban-controlled Afghanistan at all. We know that the real cause of the suffering of the Afghan people is their Taliban oppressors. Poverty is, in this and so many other cases, the result of unjust and broken political institutions preventing people from moving forward in freedom and security. Why treat the symptom when the cause of the problem remains in place?

To that, I would say that what is true in Afghanistan is true in many places, to a lesser extent, and that is that poverty often has its roots in injustice. When people cannot borrow against their assets because they lack clear title, when a primary breadwinner faces arbitrary arrests and does not have secure access to an objective justice system, when transportation routes of goods are not secure, when corruption limits opportunities, when teenagers cannot go to school for fear of violence there or on the way, these are all too common instances in many parts of the developing world where violence causes or perpetuates poverty.

People everywhere have the ingenuity and the potential to lift themselves out of poverty if they are not held back by unjust systems that deprive them of the security, title and credit that they need to get ahead. The fight for justice and for the recognition of universal human dignity is central to development and poverty alleviation. We need to recognize this reality, but we also still need to attack poverty directly, especially in emergency situations like this.

It is not always possible to go directly to the roots of a problem. In the case of Afghanistan, by choosing to abandon Afghanistan's security and the building of just institutions, we have cut ourselves off from the ability to get at the roots of the problem, but with those bad decisions already baked in, we should still do all that we can to save lives and elevate the conditions of the Afghan people.

We should support such measures, even while recognizing that the Taliban cannot be permitted to continue to inflict its reign of terror on the Afghan people. The political problem will require an eventual solution. Delivering humanitarian assistance to Afghanistan is a necessary form of harm reduction, but we should not lose sight of the underlying injustices, political problems and of the need to look for solutions to them.

Based on this, what can we say about the future of Afghanistan? Nobody can say what surprises will rest around the corner, but the Afghan people deserve our continuing support and goodwill. Continuing contacts between Canadian organizations and Afghans in Afghanistan help all concerned to be informed and create opportunities to respond to emerging issues and dynamics.

We need to start by removing legal barriers that prevent humanitarian aid from getting in. Continuing access to food, education and other essentials will provide Afghans some space to move forward. The involvement of Canadian organizations in this effort will mean contact and two-way awareness that could turn into something else down the road.

We should retain some of the old optimism, because the intervening decades between 2001 and 2021 were not all for nothing. A new generation of Afghans has seen a different set of possibilities, and we will work together to ensure the re-emergence of those possibilities. We must still look for a way to be there for them.

At the end of the day, we know the choice that Afghans will make when they are able, because even if not with the right timelines and the right tactics, the main point was correct: “Ours are not Western values, they are the universal values of the human spirit. And anywhere, any time ordinary people are given the chance to choose, the choice is [always] the same: freedom, not tyranny; democracy, not dictatorship; the rule of law, not the rule of the secret police. The spread of freedom is the best security for the free.”

Criminal CodeGovernment Orders

March 27th, 2023 / 3:35 p.m.
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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, it is truly an honour to begin debate today on Bill C-41. This legislation aims to address important aspects of the deepening crisis in Afghanistan and responds to Canadian humanitarian aid agencies and their pleas to be able to deliver relief to a country on the brink. This work stems from the cross-party collaborative efforts from the Special Committee on Afghanistan and the important recommendations put forward by members of that committee.

I am proud to have been a member of this committee, but this work is also thanks to the non-governmental organizations and humanitarian aid agencies that advocated and testified at committee for a pathway forward to deliver aid to Afghanistan. The testimony we heard was haunting. The Afghan people have persisted through four decades of war, and since the forceful capture of the country by the Taliban, the world has witnessed the erosion of fundamental rights and the steady deterioration of social and economic systems. This has created the largest humanitarian crisis in the world.

Drawing on testimony from the committee, I want to remind the House that Afghanistan was a country that was reliant on foreign aid before the takeover by the Taliban. The committee’s report states the following:

The World Bank had assessed that Afghanistan’s economy was “shaped by fragility and aid dependence.” Grants were financing some 75% of total public expenditure and were responsible for around 45% of Afghanistan’s gross domestic product in 2020. With the abrupt return to power of the Taliban, Afghanistan—whose currency reserves held abroad were frozen—experienced a significant fiscal contraction at the same time as it essentially became cut-off from the international banking and payments systems. That occurred because the Taliban have long been subject to sanctions in relation to terrorism.

The overall result for the country has been “near economic and institutional collapse, including an inability to provide most basic services and pay civil servant salaries.” The net effect for the Afghan people is that prices have increased, livelihoods have disappeared, and household resources have been exhausted...

To encapsulate the enormity of this situation, John Aylieff, Regional Director for Asia and the Pacific at the WFP, said: “Today, millions of people in Afghanistan—young children, families and communities—stand at the precipice of inhumane hunger and destitution.” Of the 23 million people who required food assistance, nearly 9 million were “one step away from famine,” while some 1 million children were “at risk of perishing this year from acute malnutrition.”

The population of Afghanistan is 40 million people, and 23 million people require food assistance.

What I have described is but a small sample of the testimony we heard. It was clear that Canadian aid agencies were ready and willing to help, but they were unable to do so. According to Michael Messenger, CEO of World Vision Canada, that organization had “two containers full of packets of ready-to-use therapeutic food…to treat children facing the severest forms of malnutrition…[that] can literally bring children back from the brink of death by starvation.” The committee report goes on to say, “The organization could not ship them to Afghanistan, despite the pleas from their team on the ground. Each container can help more than 900 children.”

I am proud of the report from the Special Committee on Afghanistan and am pleased this legislation is in line with recommendations 10 and 11, which called upon the government to ensure that registered Canadian organizations have the clarity and assurances needed to deliver humanitarian assistance to meet the basic needs of the people of Afghanistan without fear of prosecution for violating Canada’s anti-terrorism laws.

Canada has a long and rich history of fighting for human rights and delivering life-saving assistance abroad. Over the last 20 years, many Afghans experienced improved access to health services and education and were able to participate in efforts to build their democracy. This occurred in no small part thanks to the efforts of Canadian organizations providing aid in support of a generation of leaders, many of whom were women, who were building a better country for all Afghans.

The purpose of this bill is to address the fact that Canada’s current legal framework has limited the ability of Canadian aid organizations to provide assistance to the people of Afghanistan due to potential Criminal Code liability. Although the Taliban has taken over as the de facto national authority of Afghanistan, it remains a listed terrorist group under Canada’s Criminal Code.

The Taliban maintains close links with several terrorist groups, and the combination of a weak state and a collapsing economy gives terrorist groups a fertile ground within which to operate, but we must put in place needed reform to address the needs of the Afghan people and to facilitate the assistance they so desperately need. We will find a balanced course of action that will also seek to preserve the integrity of Canada’s counter-terrorism financing measures.

The proposed bill maintains strong counter-terrorist financing measures while presenting an authorization regime to provide protection from criminal liability for the delivery of humanitarian aid and other activities by Canadian organizations. Terrorist financing remains a criminal offence. Authorizations would only shield applicants from criminal liability for providing an unavoidable benefit to a terrorist group associated with activities that serve a specified purpose, subject to strict terms and conditions. An authorization would not shield efforts to deliberately leverage the authorization to provide a benefit to a terrorist group beyond what is incidental and covered by the authorization terms and conditions. Such activities would remain criminal.

We recognize that terrorism is a global threat that requires a concerted international response. Canada’s terrorist financing regime is contained in the Criminal Code and, because of this, aid agencies were restricted in delivering aid as it could be interpreted as providing indirect financial support to the Taliban, which is a criminal offence. This authorization tool would facilitate the delivery of certain activities, like humanitarian assistance, human rights programming and immigration services, in geographic areas controlled by terrorist groups. This means that Canadians holding an authorization and providing these services would no longer be at risk of committing a terrorist financing offence, and foreign citizens, like the people of Afghanistan, would be able to receive the assistance they need in their country or by resettling to Canada.

I have already heard anecdotally that some aid organizations are ramping up their operations in anticipation of the passage of this legislation so they can scale up their work in supporting the people of Afghanistan.

Further, the proposed authorization regime is not restricted to Afghanistan, in order to enable the Government of Canada to respond to similar situations elsewhere in the world, now and in the future.

Under this regime, the Minister of Public Safety would consider applications that have been referred by the Minister of Foreign Affairs and/or the Minister of Immigration, Refugees and Citizenship, who would first need to be satisfied that certain conditions were met. This includes, among other things, that the proposed activity aligns with a permitted purpose and responds to a real and important need.

Once the application has been referred, the Minister of Public Safety would conduct a security review that must assess the impact of granting the authorization on terrorist financing. Factors to be considered include, among others, whether the applicants or those involved in activity implementation have links to terrorist groups or were investigated, charged or convicted of terrorism offences. Those assessments would be led by Public Safety and undertaken by the national security agencies, such as CSIS, the RCMP and CSE, where required.

The issuance of an authorization would ultimately take into account an assessment of benefit, need and capability of the applicant against the assessment of risk of terrorist financing. Any eligible person or organization in Canada, or Canadian organization outside of Canada, could apply for an authorization. This could include Government of Canada officials, as well as persons associated with or acting on behalf of a registered or incorporated Canadian organization. The updated Criminal Code provisions would also set out permissible classes of activities that would achieve certain purposes.

In the current situation in Afghanistan, the delivery of aid and other forms of international assistance inevitably benefits the Taliban through taxation and other fees. This regime would allow Canadian organizations, including Government of Canada departments, to work within the defined scope of an authorization to achieve their goals without risk of running afoul of the law.

Simply put, the changes contemplated in Bill C-41 would allow our aid agencies to go back to what they do best: saving lives.

I know this is an issue that has touched the hearts of all who served on the Special Committee on Afghanistan. We were able to set aside partisan differences and work together to present our report. The bill responds to that report. I was heartened to see this place provide unanimous consent to a motion last week that will ensure that the bill is fast-tracked through the parliamentary process.

I began my speech by outlining the humanitarian crisis in Afghanistan, but it is not only food insecurity that threatens the lives of millions of Afghans. Health care is in crisis. Women and girls are facing human rights violations that are unthinkable. Afghanistan has one of the highest rates of those living with a disability in the world, after decades of war and land mines. Families have sold their daughters just to survive.

To be honest, the conditions in Afghanistan are beyond comprehension for all of us sitting here in Canada. Sadly, they are a reality for millions of Afghans living under the Taliban regime. Groups like Islamic Relief, World Vision, Canadian Women for Women in Afghanistan, Red Cross, CARE Canada and so many others are ready to provide aid to some of the world’s most vulnerable, but they need us to act.

In 2019, The Asia Foundation released a model disability survey of Afghanistan, which found that nearly 80% of adults in Afghanistan have a disability. As a result, many of the households in Afghanistan have become women-led. With the current regime in place, women have been forced out of the economy and out of schools, leaving many households in abject poverty. Those living with disabilities also face heightened violence and insecurity within conflict. Because of this, so many who have a disability in Afghanistan face more difficulties attempting to flee conflict, resulting in a higher reliance on humanitarian aid.

Bill C-41 would be able to reach this population, which has not had the same opportunity to seek refuge in other countries, and would allow for humanitarian aid to flow to Afghanistan to address the specific needs those with disabilities face.

The human rights abuses against women and girls, and the Hazaras, are particularly egregious. Women and girls have been denied their most basic rights, including their right to education and employment, at every turn. Finding different means to control women, the Taliban has imposed strict dress codes, forcing them to wear a burka, a full body covering that obscures their face and body. Women’s freedom of movement has also been severely restricted, with women being allowed to leave their homes only in the company of a male relative. Of course, those who do not comply are met with harassment, abuse and state-sanctioned violence.

The restrictions imposed on women’s education are devastating.

In March 2018, on the floor of the Library of Parliament, in the old Centre Block, at the heart of our democracy, I, along with the Minister of Science, the Minister for Women and Gender Equality, and the Prime Minister, met with the Afghan Dreamers. They were an all-women high school robotics team who, in partnership with FIRST Robotics Canada, had flown from Afghanistan to Canada to compete against high-school teams across the province. They brought their robot from Kabul to Canada.

It is hard to remember these young women and think about their lives today under the Taliban. They showed me what the future of Afghanistan was going to look like, and I remain in hope that this future comes to fruition. When I was speaking with these young women, they told me that when they left Canada to go back home they wanted to open a school dedicated to teaching other women and girls about science, technology, engineering and math. These young women were and continue to be Afghanistan's greatest resource.

Since returning to power, the Taliban has targeted schools like the one envisioned by The Afghan Dreamers, often destroying school buildings and threatening those who teach and attend them. At times, women have been prohibited from attending schools and universities. Women who are pursuing higher education have been forced to abandon their studies. Women are being used as a tool to advance the Taliban's power in the region.

Speaking at the UN Commission on the Status of Women on March 24, Canadian Women for Women in Afghanistan advocacy manager Sarah Keeler said:

But while girls the world over are out of education, the situation for girls and women in Afghanistan is unparalleled in its intensity and impact. Under repressive Taliban rule, Afghanistan is now the only country on the planet with the terrible distinction of denying women and girls their right to learn as a policy. Indeed, the Taliban's restrictions amount to system-wide gender persecution, in education and elsewhere.

For girls like Maryam, there are not just the barriers of poverty or lack of infrastructure, already overwhelming enough—there is also ideological malice that has intentionally robbed girls of their rights and hope for the future. “What crime have I committed?”, asks Maryam. She writes to us of feeling hopeless, suicidal and alone. All Afghan women and girls, but perhaps most of all the generation for whom two decades of democratic progress and investment in education provided the catalyst for real achievement and aspiration, are experiencing a profound mental health crisis.

The Hazara minority is no different. Through witnesses who appeared before committee, we heard about the devastation and persecution faced by the Hazara community. Hazaras are a predominantly Shia Muslim ethnic group that has faced systemic discrimination from the Taliban. From being subjected to attacks to forced displacement and other human rights abuses, the Hazara minority remains a vulnerable group in Afghanistan that is in dire need of the support this bill would allow.

Previously, Canada introduced special measures to support Afghans through Immigration, Refugees and Citizenship Canada. We have welcomed over 29,000 Afghan refugees since August 2021. These special measures allow the expedited processing of applications from Afghan nationals seeking to immigrate to Canada. A dedicated channel was introduced for applications coming in from a number of measures Canada presented. The special immigration measures program aims to resettle 18,000 people. IRCC also introduced a temporary public policy that creates a pathway to permanent residence for extended family members of former Afghan interpreters who immigrated to Canada under the 2009 and 2012 public policies. More recently, the Minister of Immigration, Refugees and Citizenship Canada introduced a temporary policy for extended family members of former language and cultural advisers. The work that our government has done has been important and life-changing.

While thousands of Afghan nationals have been able to seek refuge in Canada, there are millions more who need our support, and this bill would allow exactly that. We as parliamentarians have an obligation to all Afghans to pass this legislation quickly and judiciously. Aid to Afghanistan remains absolutely vital. With this legislative change, Canada is responding to the growing crisis in Afghanistan. This would also help our government work with like-minded countries and international partners to advance our priorities. Canada has a hard-earned international reputation as both a fierce protector and a steadfast source of humanitarian assistance.

I want to give a special thanks to those who worked on this issue. It is rare in this place that we work together with civil society to make such monumental change, but with this legislation, we will truly save the lives of some of the most vulnerable in the world.

Criminal CodeGovernment Orders

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

Steven Guilbeault Liberal Laurier—Sainte-Marie, QC

moved that Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Business of the HouseRoutine Proceedings

March 23rd, 2023 / 3:55 p.m.
See context

Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, I am sure the hon. member across the way, having not had an opportunity to ask the Thursday question and not having been granted that opportunity, might be somewhat confused about the nature of the Thursday question or what it would be about, so of course we excuse him for that.

This afternoon, we are going to be concluding second reading debate of Bill C-26, concerning the critical cyber systems protection act. I would also like to thank all parties for their co-operation in helping to conclude that debate.

As all members are aware, and as I am sure you are aware of and quite excited for, Mr. Speaker, the House will be adjourned tomorrow for the address of the United States President, President Joe Biden.

On Monday, we will be dealing with the Senate amendments in relation to Bill C-11, the online streaming act.

Tuesday, we will continue the debate at second reading of Bill C-27, the digital charter implementation act, with the budget presentation taking place later that day, at 4 p.m.

Members will be pleased to know that days one and two of the budget debate, which I know members are anxiously awaiting, will be happening on Wednesday and Thursday, respectively.

On Friday, we will proceed to the second reading debate of Bill C-41, regarding humanitarian aid to vulnerable Afghans.