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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-41s:

C-41 (2017) Law Appropriation Act No. 1, 2017-18
C-41 (2014) Law Canada-Korea Economic Growth and Prosperity Act
C-41 (2012) Law Appropriation Act No. 3, 2012-13
C-41 (2010) Strengthening Military Justice in the Defence of Canada Act
C-41 (2009) Law Maanulth First Nations Final Agreement Act
C-41 (2008) Law An Act respecting payments to a trust established to provide provinces and territories with funding for community development

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

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:25 p.m.


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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Madam Speaker, I have enjoyed working with my hon. colleague on a number of different things and I want to echo his concerns. I was prepared to debate Bill C-40 today. I think it is very important legislation and something that we really should be discussing at this point.

I also want to go back to some of the discussions the member brought forward with regard to Bill C-41. The member would know that I did not vote in support of this bill for the simple reason that I find that there are some real challenges to this legislation. As much as we were able to work together with members of his party and members of other parties to fix parts of this bill, there are still some really outstanding challenges within the bill that I think make it difficult for civil society organizations and non-profit organizations to work within. It is overly bureaucratic, of course, and has some big challenges on definitions.

One of my big concerns is around the potential for politicization, knowing that a future government could use this legislation to act punitively towards the charitable sector and the international development sector. Does the member have those same concerns? Would he like to comment on that?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:15 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I am here to speak on the concurrence report with respect to the Taliban.

This afternoon I was very pleased to see Bill C-41 pass in this House. It is a very important bill, one that many people have been working on for several months. Most notably, it is something that the justice committee has been working on for the last several weeks.

I believe Bill C-41 is a very important step toward ensuring that those in Afghanistan are supported through the many incredible aid agencies that work in the region, including organizations that have an international span as well as those that are regional. I think it is an important step toward supporting Afghanistan in this moment.

With respect to the Taliban, I think it is very clear that it is an organization that offends many aspects of human rights. I can enumerate the various challenges the Taliban poses, not just to the people of Afghanistan but also to the world. It is an organization that is brutal in its force. It is one that has summarily killed so many people. It is one that limits access to education for women. It certainly limits dissent of any sort, and by no means is it democratic. For it to form government in Afghanistan is deeply troubling and deeply problematic.

The reasons that the Taliban are there today are historical. In part, it is because the west just left overnight. I think history will judge that as a failure of the western world. In many ways, we can go back in history and say that the region of Afghanistan is one that has been impacted by colonialism over the centuries. In the last 50 or 60 years, it has been impacted by the Cold War. In this particular case, the departure of the United States in August 2021 certainly enabled the Taliban to take hold of Afghanistan and cause it to regress back into an autocratic state that violates the human rights of its citizens.

Canada's response, it is fair to say, has been quite challenging, in part because of the complexity of the government structure in Afghanistan, which limited our ability to bring people out, but I am very pleased to see that the number of Afghans who have been resettled in Canada over time is in excess of 35,000 people. I think it is a remarkable number, given that this is probably the second-highest number of resettlements we have ever done, the first one being the Syrians right after we formed government in 2015.

I would say Canada is among the top countries in the world to resettle so many Afghans. Of course, there are good reasons for that. Apart from the presence of many family members here and the needs of those Afghans who were directly supporting the Government of Canada, there is a humanitarian reason that this type of resettlement is so critical. Resettling 35,000 within a period of under two years is a remarkable achievement. It may not seem fair to those who may be languishing in different parts of the world or those who are struggling to get out and rightfully should be able to come to Canada. It may seem frustrating that we took two years to do that.

I can give some examples. This morning, I had a call with my office. We do a weekly meeting at 9:00 a.m. every Monday to talk about casework. One of the cases approved today was a resettlement of a group of five Tamil refugees. They had been in India for the last 13 years. This application took 13 years to process. That is the nature of many cases in the resettlement process, although Canada is the number one resettlement country in the world for refugees.

Notwithstanding that, it was a 13-year process, and we can understand how difficult it is for people like that to resettle, especially those who are fleeing conflict. While the two-year mark may seem long, in the broader sense, it is important for Canada and our government to achieve. There is no doubt that we will achieve the 40,000 mark as set out by the Minister of Immigration, as he enumerated a number of different times. We have seen people arrive at our airports and planes full of Afghan refugees who have come here and are settled. I have met many over the last two years and I have met family members of my friends who have come here as part of the resettlement. It is fair to say that Canada is doing its part and is doing its part disproportionate to our involvement in Afghanistan. It is the right thing to do, and I certainly support the government's efforts. I want to reiterate that I am deeply offended by the Taliban and all that it stands for.

Having said all of this, this is a concurrence motion that forms part of a report from the justice and human rights committee, one that is five lines and is quite simple. It basically denounces the Taliban regime, the Taliban administration and the Taliban itself. As such, we generally have unanimous consent from all parties on this language that was passed by committee. I certainly hope it does not take us a full four hours to have the debate here. I would suggest at this point that we go on to what was in the Order Paper and debate Bill C-40.

If I may, I will highlight why it is so important that Bill C-40 be debated and passed. It is a priority bill for the government. Over the past 30 years or so, it is an issue that has offended Canadians, which is that those who may be wrongfully convicted are spending time in jail and unfortunately have no recourse, or the recourse that is available through the process of ministerial relief is quite arduous. We know the Minister of Justice and Attorney General of Canada has outlined the frustration he has faced during his tenure as minister in reviewing those cases.

It is important that we debate this bill and ensure the justice and fairness for which Canada is known and ought to be known. One of the reasons that people of all backgrounds come to Canada would be reiterated through the passage of this bill and would ensure that there is an outlet available for people to seek redress when they are wrongfully convicted. This is not about opening the doors—

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6:10 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, this motion deals with the listing of a terrorist organization, the Taliban, and highlights that, in the context of recognizing the need for special provisions to bring in humanitarian assistance, we also need to be firm in denouncing the Taliban. It is saying that, while we want to find ways of getting humanitarian assistance in, the Taliban needs to continue to be a listed terrorist organization.

At the same time, there are other organizations that the House has called on the government to list that it has not listed, and I am thinking particularly of the IRGC. It has been five years since the House voted to list the IRGC. The passage of Bill C-41 may, from the perspective of the government, remove a potential impediment. Is the government open to now moving forward with listing the IRGC as a terrorist organization, as it voted to do five years ago?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6 p.m.


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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I will be sharing my time this evening with the member for Scarborough—Rouge Park.

For those who might be tuning in, we are now on a concurrence motion that falls under Routine Proceedings in the House. Conservatives have chosen to put forward a motion that will basically consume about three hours' worth of the debate time today on this particular committee report.

Normally when these come forward, they are for reports that perhaps were contentious or perhaps had a lot of committee disagreement on how to proceed. Usually those end up on the floor of the House and consume about three hours' worth of debate. Then a question is put on the motion.

However, with this particular motion, I do not think that there will be much debate because my understanding is that everybody within the committee agreed to this motion. It is certainly something that seems extremely reasonable. It is something that has come out of the committee. In the interests of those who might be watching, it is the 12th report of the Standing Committee on Justice and Human Rights, specifically on the study of the Taliban regime and human rights. As it is just one or two sentences, I will read the committee report to the House in its entirety. It reads:

That the committee report to the House that it firmly denounces the Taliban and rejects any recognition or legitimization of their control over Afghan territory. In particular, the committee denounces the Taliban system of gender discrimination, systemic violence targeting minority communities, reprisals against former members of the Afghan National Security and Defence Forces, attacks on freedom of the press, and other violations of fundamental human rights. The committee believes that the Taliban must remain a listed terrorist organization.

As I indicated moments ago, my understanding is that the entire committee voted in favour of this. Now that this has been brought forward as a motion, I anticipate that all members of the House will likely be voting in favour of it. It is even more perplexing, I guess I could say, coming on the heels of the fact that we just voted on Bill C-41, and Bill C-41 is an act to specifically empower the Minister of Public Safety, the Minister of Justice and Attorney General of Canada and the Minister of International Development to have the ability to allow funds to flow into Afghanistan, in particular those that are aimed at supporting humanitarian needs and the people who really need those funds.

That is something that passed in the House. We heard the member for Bruce—Grey—Owen Sound say a few moments ago that he thought at times it might go too far, whereas others in the House thought that it did not go far enough. However, it sounds like it was a very collegial discussion and debate, and that a genuine consensus was formed at committee where they could adopt the report but still have this important caveat added to it so it came through as a report from a committee to the House.

I genuinely think that the democratic process was served very well in how this report got to the House. I am a little bit more concerned or confused that we have this motion to concur it in right now, given that we know there was very little disagreement over it, notwithstanding the fact that it is a very important issue. It is also an issue that is very well identified within the report that is being concurred in now.

As we heard a number of discussions about the supports going to the Afghan people, we did just pass Bill C-41. This report basically came to the House at the same time. Bill C-41 is a bill that:

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 put it in context, there is, for obvious good reasons, limits to where public money can flow. In particular, we have very stringent rules around it getting into the hands of those terrorist organizations. We certainly do not ever want to see that happen, but we also respect the fact that there are a number of organizations that are providing humanitarian needs in certain parts of the world that might need to have access to money to support the work they are doing, which genuinely drives that humanitarian effort. This is what Bill C-41 would do, and it was the genesis behind Bill C-41.

I am very pleased to see that the bill passed through the House earlier today. I think it gives us an opportunity to reflect, perhaps, but I hope this does not have to go on for the entire three hours. I will keep my comments short, but I genuinely do believe that we need to move forward with some of the other very important pieces of legislation that we have before the House today. Therefore, I hope that we can come to a conclusion on this particular concurrence motion relatively quickly so that we can move along.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6 p.m.


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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Madam Speaker, I totally agree. That is the challenge. To be frank, and I have said this in the House before, I was split on Bill C-41, because I know that some of the money is going to end up in the Taliban's hands. It is the nature of the beast. The world is a complicated place and that is why I actually have concerns with it. I know I disagree with some of my colleagues who have been working on these efforts behind the scenes, who do not think that the bill goes far enough in providing safeguards that the government has put in place.

Ultimately, we do need to do it. That is why I voted in support of it but we need to get that aid in. At the same time, it cannot be getting overly abused and misused. That is the challenge here. It is a messy situation. I really feel we could have done more sooner and I really wish the west had never pulled out completely, because, ultimately, this is an example of where we, as the west, failed. We need to do more in the future.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 6 p.m.


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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Public Safety

Madam Speaker, the hon. member knows that this motion was passed at the justice committee, right after we passed Bill C-41, and today we were able to pass that bill here in the House.

I wonder if the hon. member could talk about the importance of getting aid into Afghanistan, because not everybody can leave, and how important it is for that bill to get passed.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 5:45 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, as it relates to the government's management of its legislative calendar, I think that is more a question the member can direct to his House leader. The government can call any bills that it wants at any time during Government Orders.

I understand that the House is going to be sitting until midnight to consider Government Orders. However, we are now in the rubric of motions, where members are able to move motions that are important to them. Clearly, it is important to use that time to move concurrence on committee reports that are important and deserve consideration in the House.

The committee, with the exception of NDP members, agreed on the importance of Bill C-41. It also, in that context, felt it was important to send this message condemning the Taliban, condemning the ongoing violence and emphasizing the need to continue to list it as a terrorist organization.

Therefore, it is important that the House make these two statements: It should state the importance of allowing in humanitarian and other forms of assistance, and it should also recognize that we should not, in any way, legitimize the Taliban's position in Afghanistan.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 5:45 p.m.


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Scarborough—Rouge Park Ontario

Liberal

Gary Anandasangaree LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I note that Bill C-41 passed in this place this afternoon. It is a very important piece of legislation ensuring that aid goes from Canadian sources and agencies to Afghanistan. I want to acknowledge the work of the member opposite on this file.

I also want to question something. Today, when we have the passage of Bill C-41, when I think we are all quite united in condemning the Taliban and all that it stands for, why are we taking valuable House resources away from Bill C-40, an act to amend the Criminal Code with respect to the miscarriage of justice? It is an act that has been sought by many victims, who have come forward to ask the justice system to respond to their needs.

Why are we spending so much time on something that we all agree on?

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 12th, 2023 / 5:30 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I move that the 12th report of the Standing Committee on Justice and Human Rights, presented to the House on Monday, June 5, 2023, be concurred in.

It is a pleasure for me to rise to be able to speak to this important committee report, which deals with the House's ongoing condemnation of the Taliban for its horrific violence against the Afghan people. While I am moving this concurrence motion, I want to say that I am going to be sharing my time with the member for Bruce—Grey—Owen Sound. I am very much looking forward to his comments, as he is someone who has served this country in uniform.

So many Canadians served in uniform in Afghanistan: 158 Canadians gave their lives, and more than 40,000 members of the Canadian Armed Forces served. The blood, treasure and time Canada invested in Afghanistan has established a special bond and commitment that we have with that country. It is felt particularly deeply by those who served, but it is felt in some sense by all of us who have seen the sacrifices and known people who have participated in those sacrifices.

This House has rightly just passed Bill C-41, a bill that will enable development assistance to get into Afghanistan and create an authorization regime whereby that can happen. I think passing that bill was the right decision to create that framework whereby this development assistance can be delivered. However, at the same time, we should be clear in our denunciation of any normalization of the Taliban or any recognition of legitimacy of its control over Afghanistan, and we should be firm and clear in our commitment to the fact that the Afghan people deserve freedom, democracy, human rights and the rule of law. This is the birthright of all people. Canada has been particularly engaged with, and it has sacrificed for, the people of Afghanistan. We need to hold on to, and be steadfast in committing to, the principle that Afghans, in particular, deserve the protection of these fundamental rights. Therefore, we reject any kind of normalization or recognition of the Taliban, and we believe that it is important to engage with pro-democracy opposition groups, with the goal of restoring freedom, democracy and fundamental human rights to the people of Afghanistan.

The motion that Conservatives brought to the committee and that was unanimously adopted by the committee says:

That the committee report to the House that it firmly denounces the Taliban and rejects any recognition or legitimization of their control over Afghan territory. In particular, the committee denounces the Taliban system of gender discrimination, systemic violence targeting minority communities, reprisals against former members of the Afghan National Security and Defence Forces, attacks on freedom of the press, and other violations of fundamental human rights. The committee believes that the Taliban must remain a listed terrorist organization.

Parenthetically, I want to mention to the House that there are a number of cases of terrorist listings that the government has been behind on. We are at about the five-year anniversary of the House adopting my motion calling on the government to list the IRGC as a terrorist organization. At the time, the government actually voted for that motion. That was five years ago; the government said it was being studied and considered, but it still has not listed the IRGC as a terrorist organization, in spite of the escalation in horrific violence from the Iranian regime.

Conservatives have also called for the listing of the Wagner Group as a terrorist organization. There was a unanimous consent motion in the House a number of months ago. It has not been five years, as it has been with the IRGC, but it has still been a number of months. The Wagner Group is involved in the genocidal invasion of Ukraine by the Putin regime. It is also active in parts of Africa. It has been active in Syria, using horrifically violent tactics with complete disregard for civilian life and acting as an agent of the Putin regime's foreign policy.

We have called for the listing of the IRGC and the Wagner Group, and the House has called for the listing of the IRGC and the Wagner Group. These are two terrorist groups that have not been listed as terrorist entities under the Criminal Code. The Taliban is listed, and, through this motion, we are highlighting the importance of the Taliban remaining listed.

When we list an organization under the Criminal Code, it is not merely symbolic; of course, it is very significant. It is a way of most clearly denouncing these groups and shutting down any possibility for them to operate in Canada. It means that, when an organization is a terrorist group, it cannot recruit, be present or fundraise here. In the absence of a terrorist listing, groups have more room to manoeuvre. This is why we think it is important to shut down these groups in Canada.

I will return now to talk specifically about the Taliban and Afghanistan. After the September 11 attacks in the United States, there was a global coalition that came together recognizing that Afghanistan had become a haven from which terrorist attacks could be organized, as well as that the Afghan people were victims of horrific, ongoing violence.

We could detail those violations of human rights then and now. We have seen the horrific targeting of ethnic and religious minorities, such as Christians and the Shia Muslim community. The Hazara community has faced multiple ongoing genocides, as have the Sikh and Hindu communities in Afghanistan, which I and other members have advocated for. There has also been targeting of other minorities and all Afghans, particularly in terms of the situation of women in Afghanistan. I think it is quite correct to say that there is a system of “gender apartheid” in place in Afghanistan, and that is part of the system of human rights violations that we are seeing.

The motion highlights the system of gender apartheid, as well as the violence against minorities, attacks on freedom of the press, the targeting of those who have been involved in Afghan national security and defence forces and those who were involved in supporting Canada. They are all victims of Taliban violence. Many of these groups were victims of Taliban violence during the initial period of Taliban control of Afghanistan, and it is with this in mind, as well as the threats to our own security, that Canada stepped up and joined our allies in fighting to rid Afghanistan of the Taliban and support the Afghan people in realizing their desire for freedom, democracy, human rights and rule of law. Many Canadians participated heroically in that effort.

I believe that the pullout from Afghanistan was a big mistake. It would have been better for western troops to be able to continue to play a supportive role as Afghans were heroically fighting the Taliban. The pullout was poorly managed and poorly executed, and it was really done in a way that gave the Taliban the greatest opportunity to be able to take over the country. The sad reality is that the Taliban has taken over Afghanistan. However, I think it is crucial for the House, for us here and for the Canadian people to remain engaged with events in Afghanistan. We must honour the sacrifices that have been made and the ongoing desire of the Afghan people to have change in their country.

There are many Afghan civil society groups, opposition groups, pro-democracy groups and diaspora groups in Canada that are working to envision and to plan for a brighter future for Afghanistan. The foreign affairs committee recently heard testimony from a representative of the National Resistance Front, who said that the Taliban rule in Afghanistan is clearly not working. It is causing all sorts of problems, including a humanitarian crisis, and, in his view, it is realistic to hope for a collapse of the Taliban administration that would open the door, again, for a new alternative Afghan government that aligns more with the hopes and values of the people of that country, which is what we would hope for here in Canada.

We should be continuing to engage, to support the opposition and to tighten sanctions against the Taliban oppressors of the Afghan people. It is not a lost cause; far from it. There are many reasons to hope that a brighter future is ahead, but Afghanistan's friends around the world must continue to be engaged in that hope. That means firmly holding the line against the Taliban, preserving its terrorist listing and looking for opportunity, if anything, to tighten the sanctions that apply to the Taliban. That is our position, and I hope this is a position that is shared by the House.

Finally, on immigration measures, Canada had and continues to have an obligation to support those who stood with Canada and fought with Canada, as well as the most vulnerable minority communities, and to support their ability to make application to come to Canada. Sadly, the government was far behind on making that happen. We had been calling for measures in the lead-up to the fall of Kabul. In fact, on the day Kabul fell, the Prime Minister should have been at his desk; instead, he was at the Governor General's, calling an election.

It is a shame that the government was not more focused on responding to events in Afghanistan. Instead, it was making calculations about its own political future. Conservatives believe that this whole House should stand with the people of Afghanistan and seek that brighter democratic future.

Business of the HouseGovernment Orders

June 8th, 2023 / 3:30 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, inflation is a global phenomenon. It is good that Canada is below the OECD average. It is also below the G7 average, the G20 average, the U.S., the U.K., Spain, Germany and many other countries. Of course, that is not good enough. We have to continue to lead and do everything we can. That is why I am so proud that this House just adopted a budget with critical measures to help Canadians in every corner of this country with affordability, because we are not going to fix the problem of global inflation by slashing support to the most vulnerable.

After passing the budget, this House has important work to do over the next two weeks.

It will start this evening as we resume debate on Bill C-35, on early learning and child care, at report stage. Once that debate is done, we will resume debate on Bill C-33, on railway safety. Tomorrow, we will debate Bill C-41, on humanitarian aid. On Monday at noon, we will begin second reading debate of Bill C-48 concerning bail reform, and then we will go to Bill C-35 at third reading after question period. On Tuesday we will call Bill S-8, on sanctions, at report stage and third reading.

On top of this, priority will be given to Bill C-22, the disability benefit, and Bill C-40 regarding miscarriage of justice reviews, as well as our proposal to implement changes to the Standing Orders, which were tabled earlier today, to render provisions with respect to hybrid Parliament permanent in this House.

Furthermore, I have a unanimous consent motion that I would like to propose in relation to the debate tomorrow.

I move:

That, notwithstanding any standing order, special order or usual practice of the House, in relation to Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts:

(a) the amendment in Clause 1 adopted by the Standing Committee on Justice and Human Rights, which reads as follows:

“(a) by adding after line 26 on page 1 the following:

(4) Subsections (1) and (2) do not apply to a person who carries out any of the acts referred to in those subsections for the sole purpose of carrying out humanitarian assistance activities conducted under the auspices of impartial humanitarian organizations in accordance with international law while using reasonable efforts to minimize any benefit to terrorist groups.

“(b) by deleting lines 15 to 19 on page 2.”

be deemed within the principle of the bill; and

(b) when the bill is taken up at report stage:

(i) it be deemed concurred in, as amended, on division, after which the bill shall be immediately ordered for consideration at the third reading stage,

(ii) not more than one sitting day or five hours of debate, whichever is the shortest, shall be allotted for consideration at the third reading stage,

(iii) five minutes before the expiry of the time provided for government orders that day, at the conclusion of the five hours allocated for the debate, or when no member rises to speak, whichever is earlier, all questions necessary to dispose of the said stage of the bill shall be put forthwith without further debate or amendment, provided that, if a recorded division is requested, it shall be deferred pursuant to order made Thursday, June 23, 2022.

Justice and Human RightsCommittees of the HouseRoutine Proceedings

June 5th, 2023 / 3:40 p.m.


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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Mr. Speaker, I have the honour to present, in both official languages, the following two reports of the Standing Committee on Justice and Human Rights. The first is the 11th report, in relation to Bill C-41, an act to amend the Criminal Code and to make consequential amendments to other acts. The committee has studied the bill and has decided to report the bill back to the House with amendments.

The second is the 12th report, in relation to the motion adopted on Wednesday, May 31, regarding the Taliban regime and human rights.

Business of the HouseGovernment Orders

June 1st, 2023 / 3:25 p.m.


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Edmonton Centre Alberta

Liberal

Randy Boissonnault LiberalMinister of Tourism and Associate Minister of Finance

Mr. Speaker, this is the first time that I have had the honour to share with our very dear colleagues in the House the message concerning the Thursday question. I am very pleased to answer my colleague.

As members know, Bill C-47, the budget implementation act, was reported from committee yesterday, so we will call it for the final stages of debate starting tomorrow and then continue early next week on Monday and Tuesday.

We will also give priority to Bill C-40, the miscarriage of justice review commission act, also known as David and Joyce Milgaard's law; Bill C-48, bail reform; and Bill C-41, humanitarian assistance.

Finally, I would like to inform the House that next Thursday will be an opposition day.

Crisis in SudanEmergency Debate

April 25th, 2023 / 11 p.m.


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Bloc

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

Mr. Speaker, first, I would like to mention that I will be sharing my time with the member for Spadina—Fort York.

I thank the member for Sherwood Park—Fort Saskatchewan, who called for an emergency debate today on the current crisis in Sudan.

As sad as these words are to say and hear, we have to know that civilians are always the first victims of armed conflicts. As I rise to speak in the House, the Sudanese people are being held hostage by two warring factions. U.S. Secretary of State Antony Blinken, announced yesterday that the army and the paramilitary groups warring in Sudan had agreed to a three-day ceasefire at the end of 10 days of deadly combat. Shortly afterward, they confirmed a truce to open humanitarian corridors and facilitate the movement of civilians.

Despite a slight lull, the situation for civilians remains unchanged on the 11th day of fighting. The streets are still deserted, military planes are flying over the capital, food shortages continue in the stores, the power is still out in some places, and access to water is becoming increasingly difficult.

Since Sudan became independent in 1956, this country's history has been nothing but a succession of military coups. The current conflict that opposes the two generals is yet another example of that. Foreign interventions have done little but fan the flames of this reciprocal mistrust, actually sparking clashes between the two camps. Over two million Sudanese refugees and displaced persons have already fled to neighbouring countries and hundreds of thousands more will follow. The escalating violence will only make the already dire humanitarian crisis even worse.

The conflict in Sudan began on April 15 following an attack by a branch of the Sudanese Armed Forces, the Rapid Support Forces or RSF. I will give a brief overview. Their objective is to take control of the country, following a political disagreement between the government and the RSF commander.

This branch was created in 2013 by bringing together a number of militias to fight against rebel groups. A 2014 constitutional amendment gave the RSF the status of a regular force. Human Rights Watch was already targeting the RSF in 2014 and 2015 for its abuses against civilians, including murder and numerous acts of torture. RSF militia were particularly cruel to women and their families. They were often given orders to commit acts of unspeakable violence, as we often see in this type of situation.

Sudan is a country that has seen several conflicts, including two recent civil wars and an ongoing conflict in Darfur, which took place primarily between 2003 and 2020. The United Nations estimates that the conflict in Darfur has killed more than 300,000 people, and those massacres have been classified as genocide.

After Omar al-Bashir's regime was overthrown in 2019, General al-Burhan, the head of the armed forces who is currently facing off against General Hemedti, promised a democratic transition, but, of course, that never happened.

In December 2022, the two generals and 40 civilian groups signed an agreement detailing the democratic transition. However, disagreements persisted over this transition, and we know what happened next. On April 15, the RSF carried out a massive attack on strategic sites in order to take over Sudan's capital, sparking a humanitarian crisis and forcing thousands of civilians, including foreign nationals, to flee. For Khartoum residents, the lull observed in recent hours is not exactly a good sign.

According to several experts, both armies are reportedly taking advantage of the situation to move troops, stock up on weapons and reorganize in preparation to resume fighting after the announced truce. The fighting is likely to be much more deadly and difficult. Once again, civilians will be the first victims.

This is very bad news, and the death toll is already very high. According to a rough assessment, 420 people have been killed, including at least 273 civilians, and more than 3,700 people have been wounded in just a few days of fighting. Furthermore, it is believed that both armies are preparing for even bigger offensives.

Those who cannot escape now are trying to survive without water and electricity. They are facing food shortages as well as Internet and phone outages. These are men, women and children who have every reason to fear what lies ahead. Because of the fighting, many families are trapped with little or no access to the basic services that are essential to survival.

Humanitarian aid is essential, despite the obstacles that prevent NGOs from working safely on the ground. It must be said that Sudan already had one of the highest rates of child malnutrition in the world before the recent fighting broke out.

According to UNICEF, there are 600,000 children suffering from severe acute malnutrition. Even before the escalation of violence in Sudan, the humanitarian needs of children were very high. Three‑quarters of them were living and continue to live in extreme poverty. Seven million children do not go to school. That is almost equal to the population of Quebec.

I have no qualms about recognizing the good deeds of the other parties in the House of Commons. The Minister of Immigration, Refugees and Citizenship announced yesterday that Sudanese nationals currently in Canada will be able to temporarily extend their stay here rather than returning home. It was the right thing to do, and it was done. Once these measures are in effect, Sudanese nationals will be able to apply for an extension of their status in Canada and switch permit streams free of charge. That is good news.

I am not shy about pointing out good deeds, but I am also not shy about asking questions. When will these measures come into force? It is not clear. We know what happens when we say it is time to act quickly. It took more than a year for Afghan nationals to get here. Why? It took more than a year to draft Bill C‑41, which is currently being studied at the Standing Committee on Justice and Human Rights. We all agreed, and we are all aware of the requests the NGOs have been making for the past 18 months, but Canada still has not resolved the problem.

For those watching us, if any, I think it is important to reiterate what is set out in Bill C‑41. Bill C‑41 would amend the Criminal Code to create a regime for authorizing eligible persons to carry out, in a region that is controlled by a terrorist group, activities that otherwise would be prohibited under the Criminal Code. The bill assumes that the organizations have to seek authorization from Global Affairs Canada before conducting specific humanitarian activities or providing development aid in a region where that aid might directly or indirectly benefit terrorist groups in some way.

For example, right now, the Taliban, as the current de facto authority in Afghanistan, is likely to receive revenue from any payments such as taxes, import tariffs, airport fees and administrative fees. Such fees may be necessary to support international aid and conduct immigration and other activities. Any Canadian or person in Canada who makes or authorizes such payments may be contravening the Criminal Code. That means that, right now, it is impossible for Canadian NGOs to do their job and to help people the way they would like to. The crisis in Afghanistan has been going on since 2021, but we still have not figured this out. I get a bit scared sometimes when this government says that it is going to act quickly.

Just yesterday, the Minister of International Development tweeted, “Canada is ready to help the people of Sudan, and to provide aid to those in desperate need as conditions allow”.

Am I to understand that the reason it took the government more than 15 months to draft the 82 pages of Bill C‑41, which would allow NGOs to provide humanitarian aid in a crisis, is that conditions were not deemed favourable in Afghanistan? Conditions are not favourable in Sudan at this time. I will not delve any deeper into Bill C‑41 because I would have too much to say about it. Everyone knows me; I will come back to it at some point.

The government also announced that it would prioritize processing temporary and permanent residence applications from Sudan. This would also include visitor visa applications for eligible immediate family members of Canadian citizens and permanent residents. I will not lie: I am concerned about how long this will take. Again, the government needs to walk the talk.

Speaking of walking the talk, unsurprisingly, the federal government may not have chosen the best communication method for staying in touch with Canadians in Sudan. A Canadian woman in Sudan's capital said she received an email from the Canadian government at 2:45 a.m. local time on Monday night, telling her to reserve a seat on an evacuation flight scheduled for noon that day. The problem is that the country's Internet and phone services are largely down. She did not receive the email until the afternoon, so she could not get on that flight. These are the kind of situations that are happening. She said, and I quote, “We're already frustrated, we already don't know what's happening and what's going to happen. And the communication is basically poor”. This is someone who is trapped in Khartoum telling us this. Maybe we should listen to her. She is seriously affected, believe me.

Am I the only one who thinks that communication problems in federal departments have become the norm? I would have a lot to say about that as well.

As I said at the beginning of my speech, and I want to say it again, the primary victims right now are the civilians. As I stand here in the House, the people of Sudan are being held hostage. Men, women and children are without water, food and electricity. Time is running out. I hope that, for once, the federal government will act quickly, like a G7 country.

Immigration, Refugees and CitizenshipOral Questions

March 31st, 2023 / noon


See context

Orléans Ontario

Liberal

Marie-France Lalonde LiberalParliamentary Secretary to the Minister of Immigration

Madam Speaker, I want to thank the hon. member for his advocacy. I have said it in the House, and I will say it again today: If it were a matter of will, there would be 40,000 Afghan refugees here already, but we know that in reality, with everything that has been happening, there have been challenges and obstacles. We are working very hard in addressing those, for instance through Bill C-41. There are a number of factors that we do not fully control, including safe passage.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

March 28th, 2023 / 10:40 a.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, we have a fixed amount of time to debate a wide spectrum of both domestic and international issues. Today members came in prepared to listen, debate and have an exchange on the issue of the digital charter because Canadians are concerned about this issue. We were going to have literally hours of debate on it. That will not happen because the Conservative Party, under motions, brought forward a report it wants to have a debate on.

Yesterday, Conservatives could have provided ample ideas, thoughts and reflections on the report because we were debating Bill C-41. I do not know if any member made reference to Iran, let alone the report, at all yesterday, but it would have been absolutely relevant to have done so.

What other options do opposition members have? They just had an opposition day. They wanted us to talk about a budgetary measure as opposed to talking about this issue they say is so critically important that it had to be debated today. It could have been debated a couple of days ago when they had an opposition day. They could have designated an entire day to that and had a resolution at the very end of that day, which would have forced a vote on the issue.

This is part of the games Conservative Party members play day in and day out. As the Government of Canada continues to be focused on Canadians and the issues that are important to Canadians, we will continue to tolerate the games being played by the Conservatives. At the same time, we will deal with those international issues that are so critically important to our nation in reflecting true Canadian values.

Last year, Mahsa Amini, a young lady in her early 20s, was in the community in Iran and was picked up by the morality police. It was later said that she had a heart attack and that caused her death. The morality police are not fooling anyone. We know she was abused and beaten, and that is what caused her death.

We understand and we appreciate those true freedom fighters in Iran. They are the brave women of Iran who are standing tall. They are ensuring that individuals like Mahsa are not forgotten and that what she stood for will continue to prevail and will be fought for in Iran. Mahsa inspired the world to mobilize and to recognize that what was taking place was just so wrong.

I would argue that Mahsa is one of the reasons that even members of the Standing Committee on Citizenship and Immigration feel the way they do in regard to Iran and what is taking place there today. It motivates individuals like myself and other MPs to stand and be vocal on this issue not only inside the chamber but also throughout our communities.

The motion that came from the standing committee reads:

That the [standing] committee [on citizenship and immigration] report the following to the House: In light of the downing of the Ukrainian International Airlines flight PS 752 by the Iranian Revolutionary Guard Corps—

That is what we often refer to as the IRGC.

—and in light of the killing of Mahsa Amini by the Iranian Guidance Patrol, that the committee demands the government stop issuing visas to all Iranian nationals directly affiliated with the Iranian Revolutionary Guard...Iranian Armed Forces, Iranian Guidance Patrol or Iranian Intelligence Organizations and that, pursuant to Standing Order 109, the committee request a response to the report by the government.

That response is well under way.

Mahsa encapsulated what is so wrong when we contrast Canadian values to what took place between her and those in the Iranian society who support the regime that is currently in place. We see how wrong it is.

The downing of the Ukrainian airline touched Canada, as I made reference to, in a very profound way and to me, personally. Kourosh is a dear friend whom I have been meeting at the local McDonald's on occasion. He has actually met many parliamentarians because of his former role in the real estate industry. He would make presentations to members of Parliament. Kourosh's wife was on the plane that went down and, like many other victims' families, he faced the horrors of the downing of that plane.

I think it is important that the Prime Minister appointed the former minister of finance Ralph Goodale to investigate the situation. We wanted to ensure a sense of accountability for that tragedy. We also worked with other governments, such as Ukraine, where the flight was headed. It was a Ukrainian international flight.

The effect of the lives of those who passed away on the lives of those here in Canada is so profound. When we look at the achievements of those individuals in a relatively short time span here in Canada, they made incredible contributions. I like to think that members, no matter what side of the House one sits on, along with the broader community that follows what is taking place in Iran virtually on a daily basis, can imagine and provide sympathy for those victims.

Our Iranian community is large and it is very much interested and tuned in to the issue. That is why I take offence when someone in the chamber accuses the government or myself of not having a high priority in regard to this issue because nothing could be further from the truth. The government and its ministers have been following what is taking place in Iran very closely, and it is taking appropriate actions where it can in dealing with the Iranian regime.

Where I challenge opposition members is on the manner in which they feel that they can declare that an issue of urgent importance be used as a tool as opposed to a legitimate debate. The Conservatives will stand up today and reflect on this issue, as opposed to talking about the important domestic issue of the digital charter and the protection of personal information.

I raised that because the Conservatives will criticize the Liberals for not allowing enough time for debate on Bill C-27 if the government needs to bring in any form of time allocation in order to get the bill through. Unfortunately, this issue today is no more a priority for the Conservative Party than it was last week when it completely ignored the issue when it had an opposition day motion.

Today it is only important because it wants to disrupt the government agenda. It is an agenda that deals with personal information on the Internet. It is something I know of first-hand. We are often asked to bring concerns from our constituencies here to Ottawa, and we do believe that within our caucus.

I can assure members that there is a genuine concern about information that is being collected on the Internet. I feel that the Conservatives taking away from that debate today does a disservice to those who are concerned about how the Internet collects data. Bill C-27 should be going to committee at the very least.

All one needs to do is look at the government's agenda. We have a budget this afternoon and there will be budget debates. We have other legislation, and the Conservatives know it is a very aggressive legislative agenda. It will cause us to continue, as we did last night, whether the Conservatives want to or not. As long as there are other parties that understand the importance of having that debate, we will have to sit later.

I want to conclude by talking about the debate on Bill C-41 yesterday. It is substantial legislation that would ensure there is ongoing humanitarian aid to countries like Iran and other countries. It is for those in the Iranian communities to know and understand that the Government of Canada, through its ministries, is following what is taking place in Iran and it is taking actions that will make a difference. We want to keep our Iranian communities not only safe but also feeling safe.