Fighting Against Forced Labour and Child Labour in Supply Chains Act

An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff

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 enacts the Fighting Against Forced Labour and Child Labour in Supply Chains Act , which imposes an obligation on certain government institutions and private-sector entities to report on the measures taken to prevent and reduce the risk that forced labour or child labour is used by them or in their supply chains. The Act provides for an inspection regime applicable to entities and gives the Minister the power to require an entity to provide certain information.
This enactment also amends the Customs Tariff to allow for aprohibition on the importation of goods manufactured or produced,in whole or in part, by forced labour or child labour as those terms are defined in the Fighting Against Forced Labour and Child Labour in Supply Chains Act .

Similar bills

C-243 (current session) Ending the Use of Forced Labour and Child Labour in Supply Chains Act

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-211s:

S-211 (2020) International Mother Language Day Act
S-211 (2015) Law National Sickle Cell Awareness Day Act
S-211 (2013) Law National Health and Fitness Day Act
S-211 (2012) An Act to amend the Official Languages Act (communications with and services to the public)
S-211 (2010) World Autism Awareness Day Act

Votes

May 3, 2023 Passed 3rd reading and adoption of Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff
June 1, 2022 Passed 2nd reading of Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff

International TradeCommittees of the HouseRoutine Proceedings

March 21st, 2023 / 10:30 a.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of International Trade

Madam Speaker, it is an important issue, as I mentioned in my earlier intervention, that is being discussed today, and it was raised at the trade committee prior to this.

When we talk about the Xinjiang integrity declaration, we are speaking about the issues regarding goods whose provenance originates in a particular part of the People's Republic of China, known by locals as East Turkestan and by the PRC government as Xinjiang. The notion of the integrity declaration is to ensure that the provenance of goods that are coming from that particular area does not originate in forced labour or even slave labour, as has been mentioned by some members opposite, specifically on the part of Uighurs. This is a significant concern, not just for the Government of Canada but for our allies and many liberal and democratic nations around the planet, as it should be. I think the awareness of Canadians and folks around the planet has been accentuated in recent years with the rise of more strident policies on the part of the People's Republic of China and the Communist Party of China.

That is the scope of what we are discussing right now. It is about the declaration itself and what actions are being taken under the declaration.

In order to contextualize the discussion, we need to understand the evolving approach to the People's Republic of China itself. The People's Republic of China is under President Xi, who, as we speak, is visiting with Vladimir Putin, of all people, in an effort to address and shore up the alliance between Putin and Xi. That is a cause of concern for all right-thinking and democratically oriented governments around the planet, particularly those that oppose an illegal and unjustified invasion.

That gives us a sense of where President Xi is in terms of overtly aligning himself with the policies of Vladimir Putin. Those policies include policies of aggression. We are seeing Putin's aggression vis-à-vis Ukraine. We are seeing an aspiring, more aggressive, imperial-based Chinese policy, in terms of potential ambitions with respect to the island of Taiwan, the way China has treated Tibetans in the last 63 years, and the treatment that is being meted out toward Uighurs.

With respect to our policy as a government and as a Parliament regarding this part of China and the position we are taking, I would say we need look no further than the things that have been passed on the floor of this chamber. I am speaking of a motion, about 12 to 18 months ago, with respect to labelling what is transpiring in Xinjiang with the Uighurs as a genocide. That is a very significant conclusion to be drawn by parliamentarians. It is something that parliamentarians voted on in this chamber, and it is an accurate depiction, if the evidence is borne out from what we have thus far. We know that those factual elements that have been laid out, if proven, would demonstrate genocide in terms of international law. That is a significant aspect to consider.

About six weeks ago, we passed yet another motion, entirely unanimously, in this chamber to again address the Xinjiang region. What I am speaking of is a policy and a motion that was presented by the member for Pierrefonds—Dollard, if I have that correct, who is also the chair of the Subcommittee on International Human Rights. It is the idea that, with respect to Xinjiang, what we need to be doing as a government and as a nation is ensuring that individuals who are fleeing that type of persecution have a safe haven here in Canada, and bringing as many as 10,000 Uighurs to this country by 2024. That is a very significant step in the right direction in terms of taking a position as a Parliament and as a government toward the human rights violations that are occurring in the Xinjiang region.

Members heard me outline in my original intervention that we have also taken a very significant orientation shift with respect to our foreign policy. I am talking about the Indo-Pacific strategy. We can talk about what the Americans are doing with their Indo-Pacific economic framework, the IPEF, as it is called in the United States. Canada, the United States and many other nations are veering their orientation and foreign policy that is geared toward Asia away from China and its strident, aggressive policies, including its human rights violations, and toward other nations. The Indo-Pacific strategy is a classic example of that.

Why do I raise this in the context of Xinjiang? It is because the Indo-Pacific strategy speaks directly to this very issue. What am I speaking of? There are several pages dedicated to Canada's eyes-wide-open understanding and approach to China as a strident and more assertive, disruptive nation. What the Indo-Pacific strategy outlines is that with respect to China, what we will do is be more clear, articulate and transparent about holding China accountable for various human rights violations.

I am speaking of the Tibetan Canadians whom I represent and their Tibetan counterparts who remain in the Tibet Autonomous Region, and the human rights violations that have occurred since 1959, and before 1959, with respect to that community for the last 64 years. That is important to underscore in terms of their religious freedom, linguistic freedom and cultural freedom. We are talking about things such as Hong Kong democracy protesters and what has been transpiring over the last two or three years in terms of Hong Kongers daring to rise up and speak out against legislative policy that would restrict their freedom of expression. We are talking about individuals, such as those on the island of Taiwan, who fear for their physical safety and their survival as an independent nation among the community of nations. We are talking about Uighurs who come from East Turkestan, also referred to as Xinjiang by the People's Republic of China, and their rights to physical safety, religious freedom, cultural freedom and cultural liberties, of which they are being deprived in the People's Republic of China as we speak.

Those positions, those components are articulated in our Indo-Pacific strategy, and I think that is important because it shows the orientation of the government vis-à-vis China, and Xinjiang in particular.

Some of the contributions to the debate thus far by the members opposite have included criticisms, indeed in some respects accusations, that the Government of Canada is not raising these concerns with sufficient alacrity, sufficient clarity or sufficient repetitiveness or comprehensiveness, including in international dialogue. Nothing could be further from the case. I know with absolute clarity that the issue of Chinese human rights violations, whether it is with respect to Uighurs, Tibetans or Hong Kong democracy protesters, is articulated at every instance and at every available opportunity by representatives of the Government of Canada, including at bilateral and multilateral meetings, and multilateral forums.

I will give a case-in-point example in which I participated. In February, the OECD held an annual forum on responsible business conduct, which is exactly what we are talking about in this context, and that is about the conduct and comportment of enterprises that operate outside of one's borders. At that forum, I was there as the head of the Canadian delegation, representing the Minister of International Trade, and I went to specific lengths to articulate the positions we are taking as the Canadian government with respect to responsible business conduct. I articulated, specifically, references to the Indo-Pacific strategy and the very Xinjiang integrity declaration that is the subject of this morning's discussion. That prompted a very strong and firm response by the Chinese delegation that was present at those Paris meetings, who effectively indicated as follows.

They told me, in good French, that I was telling lies.

They indicated that I was effectively lying about the state of play in the People's Republic of China.

I was not lying when I was articulating, in an open international forum at the OECD, China's track record of violating the human rights of Uighurs, Tibetans and others, particularly with respect to people who originate from Xinjiang. The fact that those instances are being articulated by the Canadian government should give some comfort to those in this chamber who would argue that we need to be doing more of this. We are doing it. We will continue to do it. We will continue to do it in as many forums as possible.

We have to understand the approach toward Xinjiang within the broader context of our approach to labour issues. This has come up about forced labour in the supply chains, a critical issue. The issue of potential slave labour being in supply chains is also a very critical issue. Canadians need look no further than the mandate letters, which we publish as a government, that are given by the Prime Minister to different members of cabinet.

Canadians who are watching right now could look clearly at the mandate letter that has been provided to the Minister of Labour. The Minister of Labour's mandate letter articulates and provides a direction from the Prime Minister for him to work on a comprehensive piece of legislation that would work to eradicate forced labour from Canadian supply chains. That is something that the minister has been mandated to work on, something that he, his political team and his departmental team are working diligently on. That would include things such as a due diligence standard, standards that Canadian enterprises need to operate under, and also repercussions for transgressing those standards, including for not rooting out forced labour in supply chains.

We have heard a little about Bill S-211, which is being sponsored in this chamber by the member for Scarborough—Guildwood, who has served in this chamber for about seven terms. It originates in the other chamber, in the Senate, from Senator Miville-Dechêne.

Bill S-211 and the mandate given for government legislation to the Minister of Labour demonstrate our government's commitment to eradicating forced labour from our supply chains. While we are looking at this, it is also important to understand the international context, and the international context is a wide one.

In meetings at the OECD, I talked to the actual governmental representatives of about four different nations that have launched into this area of eradicating forced labour from supply chains. People talked to me quite candidly about what is working in northern Europe, what is working with respect to the U.K. Modern Slavery Act and where things could be tweaked.

They talked about how the Dutch, the Germans and the French, for example, are approaching it. These are important conversations that we are having, because what we seek to do with our legislation in Canada is to adopt an international best practice, to pick and choose what works in different jurisdictions and to improve on where there may be obstacles, errors or challenges that those other jurisdictions are coming up with.

That is to indicate to Canadians who are watching today that the idea of eradicating forced labour in supply chains is an important one, but it is also a complex one in terms of getting it right. It dovetails with things such as the size of the company, what companies the due diligence standards apply to and what the penalties are on the back end with respect to those companies.

When we look at eradicating forced labour from our supply chains, we need to zoom out to see what we are doing to ensure proper and responsible business conduct. I will point to several things. We launched the responsible business conduct strategy in April 2022. On behalf of the Minister of International Trade, I was there to launch it with a whole host of civil society organizations. They were very keen to see what we were doing to ensure that Canadian entities working abroad are acting and behaving responsibly and that they are complying with the law and with Canadian values.

Those include things like an attestation clause, which is attached to our responsible business conduct strategy, for Canadian enterprises that are going to work abroad or in various parts of the planet. In order to avail themselves of things like the trade commissioner services and of the very hard-working Canadians who operate in 160 offices around the planet to help Canadian enterprises do business in all four corners of the globe, those entities need to attest formally, in documentation, that they will abide by Canadian values, norms and laws, and also abide by international norms, guidelines and statutes in the locations where they will be doing the work.

That is important and it should go without saying. However, by having a quid pro quo, meaning that without the attestation the entities do not avail themselves of trade commissioner services, we are putting teeth to the notion that Canadian enterprises must conduct themselves responsibly when they work abroad. These are very critical.

As part of the responsible business conduct strategy, we are also developing a due diligence standard, which also dovetails with the work that has been taking place at the Minister of Labour's offices.

There is also a whole host of legislative tools that we have implemented. The list of legislative resources is quite in-depth. We passed legislation that deals with the corruption of foreign officials. It should go without saying, but one cannot be engaged in corruption of foreign officials and in bribery acts when one is a Canadian entity operating abroad.

We passed legislation, the Extractive Sector Transparency Measures Act, that deals with one of Canada's great fortes, which is our mining expertise and our mining know-how in Canadian mining operations operating abroad. In the extractive sector, there must be transparency that is informing the conduct at all times of Canadian entities that are operating abroad.

We passed the Customs Tariff Act amendment, which deals with the entities that would be brought into the country. Directly relevant to the issue that has been raised in today's debate, it is about goods that are being brought into the country and that they must abide by the Customs Tariff regulations and amendments. We put this in place to guard against human rights violations on the part of goods that are entering into the country.

We created the Canadian Ombudsperson for Responsible Enterprise. We created this entity in our first Parliament as a government, circa 2018-19. This is the only office of its kind on the entire planet. To purport, as the members opposite have, that we are not showing leadership on responsible business conduct abroad is categorically false.

The creation of a Canadian Ombudsperson for Responsible Enterprise, whose annual report I tabled moments before this debate started this morning in this chamber, demonstrates what we are doing as a government. We put money where our mouth is to create, fund and staff that office with personnel so they can examine critically the conduct of Canadian enterprises abroad and the kinds of norms, rules and values that are being observed by those enterprises.

We heard interventions by the New Democratic member two or three times in this morning's debate about the garment industry. In regard to that, the Canadian Ombudsperson for Responsible Enterprise, pursuant to her own mandate, initiated a study of the garment industry and Canadian enterprises operating in locations like Bangladesh. That is specifically the work that we feel needs to be done. It is being done right here in Canada, by virtue of legislation that we passed, in an office that we created and that we staffed. Again, this is the only country on the planet that has such an entity. That is critical initiative and critical leadership.

Regarding legislative initiatives, we also legislated UNDRIP and passed it. We have abided by UNDRIP, we have ratified UNDRIP and we have passed legislation that relates to UNDRIP. Why is UNDRIP related to issues of conduct abroad? One cannot deal with responsible business conduct abroad without understanding the impact enterprises have around the planet.

Let us pick a continent, such as Asia, South America or Africa. There are indigenous communities all over the planet affected by the conduct of Canadian enterprises. Let us pick a sector, such as the mining sector, the garment sector, etc. When indigenous communities are affected, we have responsibilities, pursuant to UNDRIP, that inform what can and cannot happen vis-à-vis those indigenous communities. Those communities can and should be availing themselves of the benefits from the resources being extracted from the wealth that is on their land. That is an important legislative component that has not been mentioned by the member opposite in raising this issue of debate.

There are also international commitments that we have not only led on, in terms of signing onto, but that we have also worked to further. I will just raise four. There are the UN guiding principles with respect to responsible business conduct. There are the OECD guidelines on responsible business conduct, which were the subject of the conference I attended in Paris in early February this year, regarding how businesses must comport themselves when they are operating abroad.

My NDP friends will be keen to know that we are very active regarding international legal organization guidelines that dictate labour norms and labour conventions with respect to how businesses must operate and what kinds of protections they need to observe when they are operating abroad. We also have been in the forefront of advocating for sustainable development goals and meeting those sustainable development goals at an international level.

The last piece I will speak to is an industry component of industry leadership on the part of Canadian entities taking the reins themselves. I will point to, as one example, the Mining Association of Canada's “Towards Sustainable Mining”. It is called the TSM initiative, in the vernacular in the industry. TSM is something that has been adopted by nine countries around the planet, so far. It is looking at adding four more.

At the PDAC conference that I just attended in Toronto, which is the biggest mining conference of its kind in the world, that initiative was touted by all of the nations that were there. Many nations were expressing interest in participating in it. This is to demonstrate to Canadians that there is not only a component of what good government is doing and what Parliament is doing, but there is also a component of what industry is doing to ensure that the conduct of its enterprises operating abroad is clear, accountable and transparent with respect to human rights.

Let me bring this back to the Xinjiang integrity declaration. One thing that I agree on with the members opposite in raising this issue of debate is that it is an important declaration and an important. Expedited work needs to be done with clarity on this issue and act on the declaration itself. That is an important initiative, and we need to show leadership not just in creating the declaration but also in acting on the declaration and working to ensure that goods coming in from that part of China are not tainted by the scourge of forced labour, including Uighur forced labour.

That is one of the reasons I decided to run for office and stand in the House eight years ago. It is about taking a human rights lens and applying it to the various policies of the Government of Canada. I felt that it was something that was sorely lacking in the previous government. I will acknowledge that some of the legislative measures, including, I believe, the issue about the extractive sector transparency measures, were enacted by the previous government, so there were some good initiatives made by the previous government.

Since 2015, we have taken that ball and moved it significantly forward by creating the CORE, creating the customs tariff amendment, passing UNDRIP and launching a new responsible business conduct strategy. That is the work I am committed to continuing, with the help of all parliamentarians in the House, to ensure that initiatives like the Xinjiang integrity declaration are fully fulfilled.

International TradeCommittees of the HouseRoutine Proceedings

March 21st, 2023 / 10:30 a.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, I thank my colleague from Sherwood Park—Fort Saskatchewan for his speech and I thank the member for Dufferin—Caledon for his leadership on this issue.

Obviously this raises a number of questions. Which companies and which type of products will be targeted? Will consumers be prepared to pay more? I think that goes without saying when it comes to human rights, but at the end of the day, will consumers be aware of the choices they have to make? Will this have an impact on Canadian companies and their suppliers? Are we prepared to make these choices? I would like my colleague's thoughts on this.

There may also be a connection with Bill S‑211, which is currently at third reading stage in the House after passing all the steps in the process in the Senate. Will Bill S‑211 provide answers to the motion being moved and debated today?

Criminal CodePrivate Members' Business

March 10th, 2023 / 1:50 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I am excited to add my voice to this debate on Bill S-224 as well, and I want to acknowledge the hard work of the sponsor of this bill, Senator Ataullahjan, who worked hard to steer it through the Senate, and the MP for Oshawa, who has been working hard with stakeholders and survivors to advance this bill, since 2019 actually. Both of these members are members of the All-Party Parliamentary Group to End Modern Slavery and Human Trafficking, an organization of which I am one of the co-chairs. I want to thank all of the folks who are members of that organization for their help as well.

Human trafficking is a form of modern-day slavery that turns people into objects to be used and exploited. It is vicious, it is profitable and it is growing here and around the world. I often say that human trafficking is happening within 10 blocks or 10 minutes of where one lives. Even in my large rural riding in northern Alberta, we have had human trafficking cases as well. We know that the vast majority of human trafficking victims in Canada are female, young and indigenous. The reality is that anybody can become a human trafficking victim, so this is a critical issue.

There are many survivors, frontline organizations and law enforcement people working to bring justice for victims and stop human traffickers, but our human trafficking offences are not accomplishing what we want them to do. Here in Canada, we are not fully aligned with the Palermo protocol that Canada signed over 20 years ago. Specifically, within the human trafficking offences in section 279 of the Criminal Code, there is a definition of exploitation that states:

a person exploits another person if they cause them to provide, or offer to provide, labour or a service by engaging in conduct that, in all the circumstances, could reasonably be expected to cause the other person to believe that their safety or the safety of a person known to them would be threatened if they failed to provide... the labour or service.

The problem with this definition is that it places the burden of the offence in the mindset of the victim rather than in the actions of the trafficker, as the Palermo protocol calls for. The actions that traffickers use are threat of the use of force or coercion or threats to other people. They use fraud or deception or the abuse of power or the abuse of vulnerability to enslave another person.

UBC law professor Janine Benedet testified at the committee and said that the challenge with the existing definition of the Criminal Code is that:

we've adopted a definition that is much narrower and much harder to prove than the definition of trafficking that you will find in the Palermo protocol.

The definition of exploitation in Canada requires a proven threat to safety, and does not extend to keeping someone in prostitution through the exploitation of a condition of vulnerability, which is part of the Palermo definition.

...police and prosecutors are shifting trafficking cases over to these other offences, because it's so difficult to actually prove the very narrow and strict definition of trafficking [that is in our law].

As I have stated before, the burden of proof should never be on the mindset of victims, many of whom are not even initially aware that they are being trafficked. Police officers have told me over and over how they have met victims whom they know are being trafficked, but because the victims do not live in fear of their traffickers, the officers' options are very limited. I have met with survivors, NGOs and law enforcement across Canada, and the one issue that comes up at every meeting is that we need to be in full alignment with the Palermo protocol. This bill is critical to Canada's efforts to target and apprehend pimps and traffickers.

To emphasize the difficulty in securing convictions over existing trafficking offences, I want to share the conviction statistics from Stats Canada, which notes, “Less than half of detected incidents of human trafficking result in the laying or recommendation of charges.” For a 10-year period, between 2011 and 2021, the majority, 81%, of completed adult criminal court cases involving at least one human trafficking charge were stayed, withdrawn, dismissed or discharged. During the same time, only 12% of these cases resulted in a guilty decision. Putting it another way, only one in eight completed human trafficking cases resulted in a guilty decision.

Finally, every human trafficking case is half as likely to result in a finding of guilt as a case involving sexual offence or a violent crime. This is tragic. Canada is failing the victims of human trafficking and our law enforcement officers, who work so hard to investigate and apprehend these traffickers. This is not a new problem. Survivors and NGOs have been speaking out about this for years.

Back in 2014, a report entitled “Ending Sex-Trafficking In Canada” from the National Task Force on Sex Trafficking of Women and Girls in Canada recommended our alignment with the Palermo protocol, and every year, the U.S. trafficking in persons report, on its file in Canada, urges Canada to amend its Criminal Code to include a definition of trafficking as exploitation as an essential element of the crime consistent with international law.

The Conservative Party of Canada has had this in our platform since 2019, and a few years ago, the Alberta government launched a nine-point action plan to combat human trafficking. The implementation of that was spearheaded by my friend Paul Brandt, who chaired the Alberta Human Trafficking Task Force. He has done an incredible job. The first priority of the action was to adopt the Palermo protocol definition of trafficking.

Canada needs to do much better in its fight against human trafficking, and the bill is an important start. The tragic reality of human trafficking is that it has not been a priority for this government. For example, bills such as Bill S-224 and Bill S-211 are the result of individual MPs and senators who worked hard to address the gaps experienced by survivors and stakeholders.

A lot of work has been done to support this and has been driven by the All Party Parliamentary Group to End Modern Slavery since we launched in 2018. Our goal is to ensure that Canada is free from all human trafficking and to increase awareness around that. We have four co-chairs, one from each official party, and we recognize the immense value of working across political lines to combat human trafficking. That is why, three years ago, we were able to get the House of Commons to finally recognize February 22 as Human Trafficking Awareness Day.

However, when we look at the legislation that the government has introduced over the past eight years regarding human trafficking, it is taking Canada in the wrong direction. Government legislation has blocked consecutive sentencing for traffickers after it has been adopted by Parliament. It reduced some of the human trafficking offences to hybrid offences, meaning that traffickers get away with as little as a fine. More recently, the Liberals have extended house arrest to some human trafficking offences. Who benefits from all of these changes? It is pimps and traffickers. I would also note that the government allowed the national action plan to combat human trafficking to expire in 2016 and refused to bring forward anything for almost four years until weeks before the 2019 election.

The Liberals' 2019 national strategy to combat human trafficking says a lot of good things, but it is just that: It says a lot of good things. Unlike the Conservative Party national action plan, the strategy has no targets and no measurables. That is why, four years after it being announced, the survivor-led advisory committee on human trafficking has still not been set up. The voices and lived experiences of victims and survivors are essential for this success. I am hoping that we can get that set up soon. Canada must have a zero-tolerance approach to human trafficking that centres on the voices of survivors.

While we often talk about sex trafficking in Canada, we know that forced labour is also very tragic and happens here in Canada. Victims of forced labour can be found in restaurants, the agricultural industry, the mining sector, live-in caregiving situations and manufacturing. Just two weeks ago, the York Regional Police announced that 64 men and women from Mexico were trafficked to work in Ontario. I want to thank the police for their hard work on these things and the officers who apprehended these traffickers and rescued these victims.

Around the world, now more than ever, there are more than 50 million people in some form of slavery, which is up from 40 million pre-COVID. It is more than the population of our country, and more than ever in human history. Worldwide, slavery is a multi-billion dollar industry that generates more than $150 billion annually. This is why I am so pleased to support the bill before us today so we can end human trafficking here and around the world.

Human Trafficking Awareness DayStatements by Members

February 14th, 2023 / 2:05 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, February 22 is National Human Trafficking Awareness Day. Whether it is forced labour, forced marriages, sex trafficking, organ trafficking or cybersex, it is hidden in plain sight right here in Canada.

Statistics Canada reports that in 2019, 97% of human trafficking victims were girls and women, 89% were below the age of 35 and 50% were indigenous. Human trafficking is vicious, profitable and growing. All Canadians have the opportunity to make a difference by doing the following: listening to survivors; learning the signs; advocating for change; supporting Bill C-308; and supporting Bill S-211, which will have its third reading on March 6.

Not all modern slavery involves human trafficking, but all trafficked persons are slaves. On National Human Trafficking Awareness Day, let us take the necessary steps to end this scourge in our country.

Criminal CodePrivate Members' Business

December 5th, 2022 / 11 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

International Day for the Abolition of SlaveryStatements by Members

December 1st, 2022 / 2:05 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, December 2 marks the International Day for the Abolition of Slavery.

Slavery has been a blight on humanity since the dawn of time. Canadians unwittingly participate in this scourge by purchasing products made by slaves. We can hardly decry the plight of these slaves if we simultaneously create a market for their products. A transparency bill works on the theory that sunlight is the best disinfectant. Yesterday, Bill S-211 returned to this place for its final reading. Is it enough? Should we stop here? Of course not. The bill is merely a marker on this journey.

However, I hope colleagues will reflect on the legislative genius of William Wilberforce. When the legislative path to the abolition of slavery was blocked, he got the trading of slaves abolished instead, thereby making the ownership of slaves worthless. Shortly thereafter, the British Empire abolished slavery forever.

On this occasion of the International Day for the Abolition of Slavery it is important to remember that sometimes one has to do indirectly what cannot be done directly.

Foreign Affairs and International DevelopmentCommittees of the HouseRoutine Proceedings

November 30th, 2022 / 3:50 p.m.


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Liberal

Ali Ehsassi Liberal Willowdale, ON

Mr. Speaker, I have the honour to present, in both official languages, the eighth report of the Standing Committee on Foreign Affairs and International Development in relation to Bill S-211, an act to enact the fighting against forced labour and child labour in supply chains act and to amend the customs tariff.

The committee has studied the bill and has decided to report the bill back to the House without amendments.

Forced Labour and Child LabourPetitionsRoutine Proceedings

November 22nd, 2022 / 10:05 a.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, the next petition I am presenting is from Canadians across Canada who are very concerned about the issue of modern slavery. It appears that today, more than 50 million people are caught up and enslaved in modern slavery, and many of the products we buy here in Canada are affected by this form of slavery.

Approximately 20 million people are in forced labour today, and it is estimated that over 1,200 companies operating in Canada are at risk of selling or using products that are produced by child labourers or forced labourers. Approximately 20 billion dollars' worth of goods are imported each year that are at risk of being produced through modern slavery. Large companies at this point are not required to report measures taken to prevent modern slavery in their supply chains. Canada has committed to target 8.7 of the 2030 United Nations goals to eliminate all forms of child slavery by 2025.

The folks who have signed this petition are calling on the House of Commons to quickly pass Bill S-211, an act to fight against forced labour and child labour in supply chains and to amend the Customs Tariff. I note that this bill is at committee right now and is in its final stages. The petitioners are calling for Parliament to quickly pass it.

Uighurs and other Turkic MuslimsPrivate Members' Business

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


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Uighurs and other Turkic MuslimsPrivate Members' Business

October 26th, 2022 / 6:05 p.m.


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Liberal

Sameer Zuberi Liberal Pierrefonds—Dollard, QC

moved:

That, given the motion adopted unanimously by the House on February 22, 2021, recognizing that a genocide is currently being carried out by the People's Republic of China against Uyghurs and other Turkic Muslims, in the opinion of the House, the government should:

(a) recognize that Uyghurs and other Turkic Muslims that have fled to third countries face pressure and intimidation by the Chinese state to return to China, where they face the serious risk of mass arbitrary detention, mass arbitrary separation of children from their parents, forced sterilization, forced labour, torture and other atrocities;

(b) recognize that many of these third countries face continued diplomatic and economic pressure from the People's Republic of China to detain and deport Uyghurs and other Turkic Muslims leaving them without a safe haven in the world;

(c) urgently leverage Immigration, Refugees and Citizenship Canada’s Refugee and Humanitarian Resettlement Program to expedite the entry of 10,000 Uyghurs and other Turkic Muslims in need of protection, over two years starting in 2024 into Canada; and

(d) table in the House, within 120 sitting days following the adoption of this motion, a report on how the refugee resettlement plan will be implemented.

Madam Speaker, I am very pleased to be here in the House with all members today. I would like to acknowledge that we are gathered on Algonquin territory.

Today is an important day. We will be discussing an important program that is within Motion No. 62, a motion to welcome 10,000 Uighur who are facing genocide within China right now, at this moment in time.

This motion calls for the Government of Canada to resettle 10,000 Uighur as of 2024 from third countries. Why third countries? It is because we cannot welcome, unfortunately, Uighur who are currently undergoing the genocide within China, but we can provide safe haven for vulnerable Uighur within third countries. These third countries primarily include countries from north Africa and the Arab world, but not exclusively. There are several other countries where Uighur people are living and are present.

We have heard a lot of testimony from survivors at committees and at the Subcommittee on International Human Rights. In the past we have heard horrifying nightmare stories of people being abused in unspeakable ways, of women being violated and men too. We heard about forced labour. There are over a million people currently in forced labour camps. We heard about children, numbering in the hundreds of thousands, being separated from their families when they should be in the care of their moms and dads.

We know that 20% of the world's cotton is produced in China, likely tainted by forced labour. We know that 35% of tomato products are also tainted by forced labour because they come from the Xinjiang Uighur autonomous region. We know that 45% of polyurethane, which is the base material for solar panels, as the world tries to go green, is also tainted by forced labour. This is wholly and entirely unacceptable. This is something that we, as a country and as a human family, must stand up against.

We had a motion from the benches opposite in February 2021 that called on the House to recognize that a genocide is in fact occurring. Thankfully the House voted unanimously and spoke with one voice on that matter. Not a single person voted against it. We unanimously voted to recognize that a genocide is in fact occurring toward the Uighur people.

This issue is not a partisan issue. For those who make it such, shame on them. They know who they are. This is an issue about people who are dying, who are being violated and who are being mistreated. We said after World War II that this would not happen again. After Bosnia and Yugoslavia, we also reconfirmed that intent. After what happened in Rwanda, we did the same, and with the Rohingya again. Now we know, a genocide is occurring.

What are we going to do? We heard the reports. We know the reports. Many of us have read the reports, over 50 pages long, from Michelle Bachelet, the former United Nations High Commissioner for Human Rights. She said that these allegations of the Uighur people are well-founded, and they also may amount to international crimes, including crimes against humanity. These are high crimes in international law, as is genocide.

The international community, in 2005, said that these types of international crimes must be prevented. Therefore, each and every country has a responsibility to protect when we see crimes against humanity occurring, or the threat of them occurring. When we see genocide occurring or the threat of genocide occurring, we, as a human family, as a collective of countries and as Canada, all have a responsibility to protect.

Our responsibility is engaged and we must act. One way in which we can answer this is by voting for this program to welcome 10,000 Uighurs here in Canada. We have a proud tradition in our country of welcoming refugees and asylum seekers. This is a proud Canadian tradition.

This program will not halt the genocide. It will put a slight dent in it. This program will not answer our obligation, the responsibility, to protect. It will in part answer it. This is something that speaks to our tradition. This is something that we can do, should do, must do.

In the past, we have welcomed many different people who have been fleeing for their lives from genocides, from crimes against humanity. Recently, we can think of Yazidis, Syrians and Afghans. We can think of Hongkongers. We created some special pathways. We can do this again, now, today.

I will share some facts about the Uighur people. Who are they? We hear the term but we do not know who they are.

Like all people, they are a proud people. They live in the western part of China, what they have traditionally called East Turkestan, what we know in international law as Xinjiang Uighur autonomous region.

Xinjiang has a particular meaning. It means “new frontier” in the tongue of the majority of people within China. It is approximately, as I mentioned, one-sixth the land mass of China. It also has many vast deserts and mountains. It historically has been part of the ancient Silk Road trade route that connected China, that allowed for trade to occur to Europe and the Middle East. That trade route is being revived, but with a modern update, with highways and the free flow of goods.

That is why the supply chain issue is a big question. The current belt and road initiative runs through Xinjiang Uyghur Autonomous Region.

As I mentioned earlier, 20% of the world's cotton is produced there. Eighty per cent of China's cotton actually comes from the region. I will repeat that for all of us who buy cotton. Eighty per cent of Chinese cotton comes from Xinjiang Uyghur Autonomous Region, as does 35% of tomato products, pasta and pizza.

I love pasta and pizza. Contrary to first impressions, I am actually one-quarter Italian and one-quarter Sicilian. I joke sometimes that my colour comes from my Sicilian side. It is a bad joke, but I say it sometimes.

We know that approximately 45% of the base materials for solar panels come from that region also. Minerals, such as gold, silver and zinc come from there. It is very mineral-rich.

There has been atomic testing also in the region since the 1960s. In addition to all of the horrors that we heard, these things are occurring.

These horrors are real, so real, as I mentioned, that the former high commissioner of human rights, Michelle Bachelet, said that these allegations are well-founded.

Thankfully, in addition to my motion, we had a preview this week in the House when we were discussing and then voted to concur in the immigration committee's report, which called for immigration. That report unfortunately, or fortunately, did not specify something. That report that we all unanimously concurred in this week said that we should create special immigration measures for Uighur people and other Turkic minorities, but we did not specify what those measures should be.

This motion does exactly that. It completes what happened earlier this week, when we said, “Let us do this.” This motion says how. This motion is precise. It is specific. It is time-bound. It is what we need.

In addition to this, we thankfully have a number of initiatives in the House, and I would like to see them all pass and made into law.

First is Bill S-211, which is on forced labour. It is a very important bill. Thankfully, our foreign affairs minister has said that we support it. She said that in August, when replying to Michelle Bachelet's report that there may be crimes against humanity occurring within the region, so already our foreign affairs minister has said such. This initiative started in the Senate and now is in the House. It is actually heading to committee.

We also have a second initiative on organ harvesting: Bill S-223, which is also an important piece of legislation. Organ harvesting does occur within Xinjiang Uighur autonomous region, but not exclusively there. We know that Falun Gong, or Falun Dafa, practitioners have been subject to this in the past. It is well documented.

These are a number of the initiatives that are in progress and happening right now. They are initiatives that we should all be supporting.

Our government has done a handful of things. We have implemented Magnitsky sanctions against four individuals and one entity that are active and responsible for these crimes. This was done in advance of the genocide motion of February 2021. We also have a number of advisory opinions for companies operating within Xinjiang Uighur autonomous region. As an advocate, I would like always to see that strengthened, and that must be strengthened through Bill S-211.

I would like to highlight something. While we are speaking squarely about the crimes against humanity and genocide occurring within China, we need to be careful not to fall into unconscious bias about Asians and Chinese people. That is very important, as we advocate clearly and unambiguously, to not to fall into that. At the end, I personally have, on this issue, no qualms, if and when the government in China were to stop doing what it is doing, I personally would not speak on this issue, but only if and when China does stop doing what it is doing. However, until then, all of us, including myself, must speak on this issue.

I would like to impress upon the House how we united behind my motion. I want to share something. My seconder is Rachel Bendayan, a colleague of mine in the benches.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 24th, 2022 / 9:05 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Oh boy, do I ever, Mr. Speaker. I think I would need a whole other speech just to address that.

What I would point out is that there is currently a bill in front of the foreign affairs committee, Bill S-211, that deals with supply chain reporting. It deals with big companies that operate in the west or in Canada. In particular, they would have to do a report on the impacts of their companies on human trafficking and forced labour. That is for sure a bill I would like to get passed.

The other thing is what the Americans are doing. They are identifying the province of Xinjiang as a place where forced labour is a problem, so for any products that are coming out of that area, there is a reverse onus and companies must prove that forced labour is not being used in their products. That is another initiative that I could get behind, and I look forward to the government moving on that.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 24th, 2022 / 7:45 p.m.


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NDP

Heather McPherson NDP Edmonton Strathcona, AB

Mr. Speaker, as always, it is a great honour to stand in this place and represent the people of Edmonton Strathcona.

I find this to be such an important debate for us to have, but I have to say that I am disappointed that it is happening in this manner and not when more parliamentarians can join in and there can be more people to participate in the discussion. After so many years, I think the genocide happening against the Uighur people is something every parliamentarian in this place must take with the utmost seriousness, and I worry that it is not being taken as such this evening.

I am a relatively new member of Parliament and have only been in this place for three years. One of the very first things that happened after I was elected was an appointment to the international human rights subcommittee. As I think I have brought up before in this place, my whole career has been about international development, foreign affairs and sustainable development around the world, so I was appointed to be the New Democrat member on that subcommittee. I was so happy to have that opportunity, because I feel like in my heart I have spent most of my career trying to fight for the human rights of people around the world, and this felt like an opportunity to do that and perhaps take it to the next level.

One of the very first studies we undertook looked at the genocide of the Uighur people in China. I have two brothers who are very rough and tumble with me, and I was beaten up many times as a child when I was growing up. I have lots of cousins too. I think of myself as a relatively tough and robust person, but the testimony I heard from expert witnesses, Uighurs and people who experienced the genocide was the most harrowing thing I have ever heard to date. The stories of rape, of forced sterilization, of people being surveilled and of the very systematic and cold attempts to erase a people were horrific for me to hear. It was very difficult.

Of course, I am only hearing these stories; I am not experiencing them, so I always try to imagine what it must be like to be somebody from Xinjiang who is dealing with this and is not seeing the world stand up for them and not hearing people in Canada and around the world say that they are not going to tolerate this. How difficult must it be for the Uighurs not only in China but in Canada to know their loved ones are experiencing this genocide?

When I come to this debate, that is what I bring. I bring the testimony that I heard at the international human rights subcommittee. I bring all of the stories I heard in many meetings with members of the Uighur community and with many members of the community who fight for human rights.

I think this is a vitally important debate and it is vitally important that we are all here, but it was disappointing for me that we did not vote to have a debate on the report that came out of the Office of the United Nations High Commissioner for Human Rights. There was no opportunity for that debate to happen.

Of course, we know the Uighurs have raised concerns about these issues for years. We know they have been calling for more action not only from Canadian parliamentarians but from other parliamentarians for years. In fact, the recommendations that came forward from the report of the Subcommittee on International Human Rights were very clear. We asked that the Government of China be condemned for its “actions against Uyghurs and other Turkic Muslims in Xinjiang”. We asked to “work with allies and multilateral organizations to help international observers gain unfettered access to Xinjiang”. We asked to “provide support through international overseas development assistance to civil society organizations especially in countries that are geopolitically important to China's Belt and Road Initiative”.

We asked to “recognize that the acts being committed in Xinjiang against Uyghurs constitute genocide and work within legal frameworks” of what that meant. We also asked to “impose sanctions under the Justice for Victims of Corrupt Foreign Officials Act on all Government of China officials responsible for the perpetration of grave human rights abuses against Uyghurs and other Turkic Muslims.”

We brought forward these recommendations, but we have not seen the level of action from the government that I think all of us in this place should be demanding. We have not seen the empathy and care that I think we have seen for other conflicts.

One of the things I struggle with the most in this place is that we are often in a situation where we are asked to prioritize human rights, to amplify the rights of one group of people over the rights of another. I do not know how to do that. I do not know how as parliamentarians we can do that. Of course, we need to provide whatever support is necessary to help the people in Ukraine who are struggling with a genocide of their own from the Russian Federation. We need to ensure that the people in Ukraine can flee violence, that they can come to Canada and seek safety here and that they are protected and cared for 100%.

However, as parliamentarians, we need to recognize that being from Ukraine does not make someone's life more valuable than being from Afghanistan, being a Uighur from China, being from Yemen, being from Palestine or being from Tigray. We need to recognize that Canada has an important role. We are a country of such opportunity and such wealth, and we have an important role in this world to open up our doors and welcome those who are fleeing violence, those who are fleeing persecution and those who are fleeing genocide. That is such a fundamental role for Canada. That is how many of us ended up here.

I am, in fact, a settler in this country. My family came when the Scots were being persecuted in Scotland. Canada opened its doors and welcomed us here, and, of course, generations of McPhersons, and I am also a McCoy, have flourished in Canada. Providing that opportunity for people around the world is what Canada is all about and what we need to be able to do.

I support the idea of bringing Uighurs here and ensuring that Uighurs are able to flee genocide to come here, but I have deep concerns. I think everybody in the House, including members of the government, must recognize that IRCC is broken. Immigration services with the government are broken. If anyone in the House does not agree that this is a problem, they are not listening to their constituents. They are not listening to the fact that we have massive delays and massive problems.

In Edmonton, Alberta, 636 students who were approved to study at the University of Alberta could not do so this fall because they could not get a study permit. It cost the University of Alberta $6 million. These are people who wanted to come here to study. I therefore have some concerns about the IRCC's capacity to actually welcome all of the newcomers we need to be welcoming in Canada. Absolutely there are people who are suffering around the world, and the Uighurs have been suffering for years. For years they have been calling for attention to this horrific genocide. However, Canada needs to do better at welcoming people into our country. We need to be better at doing the work of government to ensure that people can come here.

For me, I do not want to say that we need to limit how many Ukrainians, Afghans, Tigrayans or Syrians come to Canada so we can make sure that Uighurs are able to come. There needs to be something done so that all people fleeing violence have access to come here, are able to be treated with respect, are able to be protected and able to be brought here. I have this deep worry that there is a Peter-Paul mentality with the government.

In August 2021, we were going to welcome a huge number of Afghans into our country. Then, of course, the horrific war started in Ukraine, and we were going to welcome an unlimited number of Ukrainians into our country. That is great, but we do not have the capacity to do that right now.

My worry is how we are going to get there. How can we work with the government? How can all of us in this place work with and reinforce to the government how important it is that it fix our broken immigration system so that we can be the country that so many Canadians believe we are, and certainly that so many Canadians believe we should be.

There is another thing I want to raise. In terms of immigration, there are things that we can do, things that need to happen and things we can expedite to make sure that Uighurs are protected, but there are other things we can do to help the people in Xinjiang who are being persecuted right now. There is legislation before the foreign affairs committee, Bill S-211, that looks at forced labour. My opinion, and members may say this is always the NDP opinion, is that the bill does not go far enough. It would not do near enough to protect people from forced labour, slave labour or child labour around the world.

My dear colleague, the member for New Westminster—Burnaby, brought forward Bill C-262, which is an excellent example of what forced labour legislation could look like. It aligns very much with what is happening around the world, in Germany, the EU, France, Australia and the U.K. This country is at least a decade behind other countries in ensuring that we have good forced labour legislation in place.

It has been in mandate letter after mandate letter, which used to mean that action would be taken, but it does not appear to mean that any longer. I look at things like that and ask how we can make sure that Canada is not complicit in supporting forced labour, that we are ensuring that the cotton, the tomatoes and the products that come into Canada are not produced with forced or slave labour. What can we do to make that better?

There is one last thing I want to talk about today. Here is what I am struggling with in the House of Commons right now. I worry that what we are doing in this place is politicizing human rights. I worry that we are using it as a tool to cause shenanigans or gum up the work of government, and if that is the case, we should be so deeply ashamed of ourselves. Human rights are of such fundamental importance that, when they are used as a tool to gum up the work of government, it demeans every member of Parliament. When we use human rights as a trick to force things through or to stop things from going forward, we should be ashamed of ourselves.

When we talk about human rights in this place, we need to be honest with ourselves and talk about human rights across the board, because it is not okay that the Liberal Party or the Conservative Party refuses to talk about human rights in Yemen, as both of them are complicit in the selling of arms to the regime that is propping up that war.

It is not all right that neither one of them will talk about human rights in Palestine. Children in Palestine are being murdered, and neither of the parties will talk about that. That is not all right. They do not get to pick and choose human rights. They do not get to choose that the people being murdered in Tigray matter less than other people. They do not get to choose that the Uighurs do not matter because we have an economic relationship with China. That is not now human rights work. For every one of us in this place, if we believe in protecting human rights, then a human right is a human right is a human right.

It does not matter if it is a child in Palestine. It does not matter if it is a child in Yemen. It does not matter if it is a woman in Xinjiang. It does not matter if it is a woman in Ukraine. If we have a feminist foreign policy, and if we believe in human rights, all human rights matter.

I am deeply afraid that in this place we are choosing to politicize human rights. We are choosing to use human rights to forward our agenda and gum up the works of Parliament. About that, I am deeply worried.

There is a genocide happening against the Uighurs in Xinjiang. There is a genocide happening in China right now. Parliamentarians have an obligation to stand up to protect the people being persecuted. We have an obligation to welcome those people to Canada. It is not even an obligation. It is a privilege to welcome those people to Canada.

I will always stand in this place and fight for human rights. I will tell members that I will fight for all human rights, not just some of them.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

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


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

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

Forced Labour and Child LabourPetitionsRoutine Proceedings

October 24th, 2022 / 4:10 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, the next petition I want to present is from Canadians from across the country who are in support of Bill S-211, the supply chain reporting bill. They state that modern slavery is deeply embedded within our Canadian economic supply chains. Approximately 152 million children are in child labour and 20 million adults are in forced labour. Approximately 20 billion dollars' worth of goods imported each year are at risk of being produced through modern slavery. They also state that large companies are not required to report measures taken to prevent modern slavery in their supply chains.

As such, these petitioners are calling on the House of Commons to pass Bill S-211, an act that would enact the fighting against forced labour and child labour in supply chains act and to amend the customs tariff, and when and if it is passed by the Senate, for it to be sent to the House for consideration.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

October 24th, 2022 / 3:55 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, we will see how the vote on this proceeds tomorrow. Following that vote, there will be votes on other measures.

There are sometimes instances where the government may not want to proceed with something but also not want to talk about it. For example, we have the issue of forced organ harvesting and trafficking before the foreign affairs committee. We think we should move that issue forward. I will give the Liberal members credit that every time the issue has been brought to a vote in the House, they have voted in favour of that bill, yet we are not seeing a will to move it forward. If the foreign affairs committee had been going forward, I would not be here in the House speaking on this issue, but at the foreign affairs committee testifying on Bill S-223. However, the chair cancelled that meeting arbitrarily without consulting with other parties, which meant I was not able to be there and we were not able to move the bill forward.

I hope members of the government will reflect on why that meeting was cancelled, because bills like Bill S-223 are important bills on forced organ harvesting and trafficking that should be moving forward at the committee and are not. There are other bills, like Bill S-211, where a lot of work is required but things are being slowed down.