Madam Speaker, we are here today to talk about Bill S-8.
For the benefit of my constituents who may be interested in following this, this is an act that started its life in the other place last spring, a month or so before Parliament rose for the summer. We are talking about Bill S-8, an act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the Immigration and Refugee Protection Regulations. Last year the senators recognized a gap in the law when it comes to the imposition of sanctions against other countries, organizations or individuals for breaches of international peace and security, as well as human rights violations.
The senators fast-tracked this legislation. It is not contentious; I believe that it has support from all parties in this House. However, unfortunately, it has been parked in the House of Commons since early fall; here we are finally, in February, debating it. What was the delay? What is the holdup? This needs to be done.
Bill S-8 was introduced around the time of Russia's unprovoked invasion of Ukraine, an unjustified and unjust war, as well as a blatant violation of international law. The timing of this legislation is not coincidental. It is in response to the illegal invasion by Russia of our friends in Ukraine. The legislation is long overdue.
What does it do? Canada, on the advice of the Minister of Foreign Affairs, can and does impose sanctions against certain states or individuals. This is pursuant to two Canadian laws: the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act, better known as the Magnitsky law.
Under the Special Economic Measures Act, Canada can impose sanctions for grave breaches of international peace, gross and systemic human rights violations, or actions of corruption. Under the Magnitsky law, Canada can impose sanctions on foreign nationals responsible for, or complicit in, extrajudicial killings, torture or gross human rights violations.
I think some background on the Magnitsky act would be useful. There was an American investor by the name of Bill Browder who worked and invested in Russia's economy after the end of the Cold War and after Russia opened up its economy to the world. Mr. Browder made a lot of money, and this drew the attention of the Russian government, particularly President Vladimir Putin. Mr. Browder's Russian lawyer, Sergei Magnitsky, also drew the attention and the ire of the Russian authorities. Eventually, Mr. Magnitsky died in a Russian prison, clearly the victim of an extrajudicial killing, torture and a gross violation of human rights, to pick up on the language of the Magnitsky law.
Mr. Browder escaped Russia, and he used his influence to convince first the United States and then other countries, including Canada, to adopt what has become known as Magnitsky's law. This law, different of course and unique in each country, gives the government of said country the right and ability to impose financial sanctions against foreign nationals responsible for or complicit in such horrific actions. That is what the Magnitsky act does.
We had Mr. Browder appear before this Parliament's Standing Committee on Foreign Affairs and International Development on February 10, 2022. One should note the timing. This was exactly two weeks before Putin's Russia invaded Ukraine. We did not know that was going to happen, although there was every indication that Putin would invade Ukraine. He had done it before, in 2014, shortly after Russia hosted the Winter Olympics in nearby Sochi. At that time, Putin waved goodbye to the world and then ordered his tanks into the Crimean Peninsula. Sadly, the world looked the other way.
Seven years later, in 2022, Putin was again flexing his muscles. Again, he was hoping and expecting that the world would be looking the other way. That was the context when Mr. Browder was giving his testimony in front of the committee.
Here is a sample quote from his testimony:
As we look forward to what to do about this situation, my prescription is to make a list of the 50 biggest oligarchs who look after Putin's money. There's no mystery as to who these people are...and we hit these people with Magnitsky sanctions.
We start with five before any invasion to show Putin we're serious. We then tell him that he has 10 days to pull back from the border or we hit him with another five. If he invades, we go after the rest of the 40. I believe this would stop Putin in his tracks and he wouldn't invade Ukraine.
Three months later, on May 17, 2022, Mr. Browder appeared before another committee, the public safety committee, as part of its Russia study. Again, members can note the timing. This meeting was taking place a few months after Putin invaded Ukraine. At that meeting, this question, or challenge, was put to Mr. Browder: “Clearly, sir, something went wrong. Either the [Canadian] government didn't take your advice or you underestimated Putin's propensity for recklessness.”
This was part of Mr. Browder's answer:
[Putin] had looked at our conduct, and when I say “our”, I mean Canada, the United States, the EU and the U.K. He looked at our conduct after the invasion of Georgia—nothing; after the illegal annexation of Crimea—effectively nothing; after MH17 was shot down—nothing; and, after the Salisbury poisonings—nothing. He was of the opinion that we weren't going to do anything if he invaded Ukraine.
Historians will debate whether we and our allies acted soon enough, used our sanctioning tools aggressively enough or did everything in our power to convince Putin to back off. Maybe we could have done more, and with the benefit of hindsight we probably could have done more and should have done more, but I want to be clear that it is not as if we are doing nothing.
After the illegal annexation of the Crimean peninsula in 2014, Canada, using the existing Special Economic Measures Act, imposed sanctions against more than 1,000 individuals and 241 entities linked to ongoing violations of Ukraine's sovereignty and territorial integrity. Our Magnitsky Law, parenthetically, came into force some time later, in 2017.
Could we have done more to help our Ukrainian friends? Probably, but today we are doing the right thing. It is a small thing, but it is the right thing. With Bill S-8, we are amending three other acts and expanding certain regulations, all pertaining to how we deal with refugees, and in particular refugees who, when they present themselves at our border, are discovered to be subject to sanctions under one or another of our sanction laws.
The Minister of Public Safety put it this way: “Banning close associates and key supporters of Putin's regime, including those responsible for this unprovoked aggression from entering our country is one of the many ways in which we're holding Russia accountable for its crimes.” We can argue about the veracity of the statement that Canada acted in “many ways” to hold Russia accountable. That is a debate for another day.
I would wrap it up with the following comment. I and all members of Parliament, I believe, have been banned from entering Russia. After this bill, Bill S-8, passes, Mr. Putin and his oligarchs would be banned from entering Canada, as if they would ever risk being arrested and tried for war crimes.
This is important legislation. It is non-controversial. It has the support of the Conservative Party. We have always been in support of the decisive use of our Magnitsky act to sanction international criminals. It needs to be passed soon, and it needs to receive royal assent to close the gap.
