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

This enactment amends the Immigration and Refugee Protection Act to, among other things,
(a) reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions;
(b) expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person; and
(c) expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act .
It also makes consequential amendments to the Citizenship Act and the Emergencies Act .
Finally, it amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under new paragraph 35.1(1)(a) of the Immigration and Refugee Protection Act .

Immigration and Refugee Act

[Ed Fast, Conservative, Abbotsford, BC]

Madam Speaker, I want to thank my colleague from Battle River—Crowfoot for that excellent summary of Bill S-8 and what it means to Canada, how it falls short and how the government falls short in meeting the challenges of the geopolitical landscape as it is playing out around the world. As the member mentioned, this is simply some amendments to the Immigration and Refugee Protection Act. The bill addresses the issue of sanctions. It would make sure that individuals who have been sanctioned and should not be admissible to Canada do not actually make it into Canada.

The bill is most specifically a response to what happened in Ukraine. The Russian invasion of Ukraine was illegal and immoral. It has devastated a country that was simply looking for peace. As someone who has family roots that are at least in part vested in Ukraine, I, like so many Canadians, was exceedingly angry at what we saw Vladimir Putin do to a country that was struggling to develop the prosperity and security it deserves. Now, with the actions that Russia has taken in Ukraine, the whole global geopolitical and geosecurity environment has been turned on its head. The bill before us purports to tighten Canada's sanctions regime to ensure that no one implicated in illegal foreign acts of aggression and illegal foreign acts of war could enter Canada.

However, right off the bat, I have two comments to make. First, there is no indication right now that foreigners who are inadmissible to Canada are getting into Canada. Therefore, it appears that our current sanctions regime is working. I do understand efforts to be proactive and plug gaps that might exist. That is the first point that I will make. There is no indication that foreigners who are inadmissible to Canada are getting into Canada.

Second, it is troubling that this bill emanates not from the House, but from the Senate, which, as members know, is unelected. One would expect that the Liberal government, if it considered our national security and global security to be that important, would table that bill here in the House first and then let it go to the other place for further, sober second thought.

Since the bill intends to strengthen our ability to prevent persons who have been sanctioned from actually entering Canada, it does so first by establishing a distinct ground of inadmissibility based on those very sanctions. That is the first part of it. The second part of the bill proposes to expand the scope of inadmissibility to include not only sanctions that are imposed on a foreign country, but also sanctions that are imposed on a foreign entity or organization, or a foreign person, because we want to capture everybody who would be implicated in foreign acts of aggression.

Third, the bill would expand the scope of inadmissibility based on sanctions that are made in section 4 of SEMA, or the Special Economic Measures Act. Finally, the bill would amend the regulations to provide that the Minister of Public Safety would have the authority to issue a removal order on grounds of inadmissibility based on those very sanctions under the Immigration and Refugee Protection Act.

That may all sound very complicated, but the bottom line is this: All this bill does is purport to plug existing gaps. I would suggest to the government, rather than being in reactive mode, why is it not proactive in addressing the challenges that Canada faces on the security front?

For example, why is the government not actively addressing the issue of foreign interference in our elections? Why is it not actively addressing the issue of intellectual property theft by the regime in Beijing? Why is it not addressing those individuals who were implicated in the acts of terrorism and intolerance in the country of Iran, who have now found a safe haven in our country and are seen walking the streets of our cities such as Toronto? Why will it not be proactive in addressing geopolitical security issues, rather than always responding in a reactive way and missing the boat?

We will be supporting this legislation, but it does not reflect a thoughtful, proactive approach to the very real challenges that face Canada today.

[Damien Kurek, Conservative, Battle River—Crowfoot, AB]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, today, we are debating Bill S-8, which would amend the Immigration and Refugee Protection Act as well as regulations made under the act. It would also make changes to the Citizenship Act and the Emergencies Act.

Everyone here knows that these are important policy areas affecting our national security, our national interests and our immigration system, and that is what we have to carefully consider.

It is helpful to start out any discussion in this place, especially on these topics, by recalling what an amazing privilege it is to be Canadian. That is the reason people from all around the world want to come and start a new life in Canada. It is a blessing to live in a country where we can enjoy freedom, opportunity, security and prosperity.

None of those things can ever be taken for granted and if we are fortunate enough to have all of that here, despite the government's attempts to undermine them, we also have a responsibility to maintain it for ourselves and our fellow citizens. We need to ensure that Canada is always in the best position to preserve our way of life in the present and for the future. That is what we must get right.

We are dealing with a bill on an important subject, which the government decided to introduce in the other place. It already went through a first round of legislative process before it came to us. This means that instead of the usual process, we are the ones who are here to give it a sober second thought. In a way, this adds to our role as elected members of Parliament to review proposed legislation, provide oversight and act as representatives to the people.

As I understand it, Bill S-8 tries to close a gap in our immigration law. It would provide a legal framework to declare someone inadmissible or to deport the individual from Canada on the basis of international sanctions. This does not currently exist in the relevant laws. They do not specifically list international sanctions as a reason to reject applicants from permanent residency, citizenship or refugee status. If this was somehow missed, Parliament now has the opportunity to fix it.

An international sanction could come from the Canadian government or it could come from an international body of which we are a member. Either one would prevent the implicated person from legally entering or remaining in our country.

On this point, I would like to congratulate my colleagues across the way for seeming to get something right. In the time that I have been here, it has been rare thing to see something in a government bill that actually makes sense. However, this is something simple and easy enough to support, even it might be baby steps instead of bigger steps. We should all want to protect Canadians from bad actors and to stand up for our values around the world.

Having mentioned international organizations, I want to be clear right now that this aspect of the bill should not, must not and, in fact, does not weaken our sovereignty as a nation.

Despite the Liberal government's efforts to the contrary, every Canadian has a charter right to enter, remain in and leave Canada. Despite the same government's negligence and virtue-signalling over the years, we are a country that should have strong border security. It is essential for us to have control and set our own standard for whoever is allowed to enter.

With international sanctions, we are talking about foreign nationals who are involved in serious crimes or violations of human rights. In principle, this new section of the act would strengthen our ability to protect ourselves and would give us more control. There will be one less excuse for the Liberals not to take the necessary action when it comes to public safety. It will come down to whether the government uses this power and how it chooses to do so.

Unfortunately, it is not enough to pass a new law to make the problem go away, and Canadians have good reason to wonder what results will come of this. We have seen something similar to this already with the Magnitsky law.

In 2017, the Justice for Victims of Corrupt Foreign Officials Act passed through Parliament unanimously so that the government could impose strong sanctions. These are the types of sanctions that are included in Bill S-8 today. However, since it came into effect, Magnitsky sanctions were starting to get used a little during the following year here and there. The point is that the government has chosen not to make much use of it even though it is can.

We are all aware that human rights violations or significant corruption did not suddenly stop happening four or five years ago either. In all that time, we have listened to people speaking out from different communities in Canada or in other countries, calling for these sanctions to be used as they were intended. Professionals and policy experts have expressed the need for it, and so Conservatives have joined with these voices to demand better.

However, as more and more time goes on, Canadians can see that they need a government that can handle these issues better than the Liberals. We could spend all day talking about these bills and we can pass them, but what good will it do if they are not enforced? That is also what has been happening with Iran and the IRGC.

Four-and-a-half years ago, the Liberals voted for a Conservative motion to list the IRGC as a terrorist entity under the Criminal Code. That still has not happened five years later. The motion passed but the government chose to ignore it, chose to ignore the will of the House. This happened long before the current protest in Iran.

Since those started, there have been reports of hundreds of people who have been killed. Many thousands more have been arrested or detained by police and some of them have received death sentences or have been executed. Of course, the Liberals have made public statements of solidarity with the protesters, but when it comes to taking meaningful action with the motion that they originally voted for, they will not follow through in designating the IRGC. Will they at least explain what is stopping them if they agreed to do it?

It is time to stop playing with empty statements. If the Liberals really want to do something, they have to show it by their actions. We will wait to see if the Minister of Public Safety will use his authority and influence to officially list the IRGC as a terrorist entity.

I know that many of us care about the news stories we are seeing, regardless of party. I also know that we have heard from Canadians and Iranian refugees calling on the government to act decisively.

Back in November, the Iranian community in Ottawa hosted an exhibition of photos and paintings at City Hall, which I was able to attend. It was moving to be there and to talk with people from the community who were present, people who could tell the stories of their family members back home, some of them who were in their home country, experiencing some of this abuse and some of the atrocities that were being committed against their people.

Many of the people who were there had already lost loved ones or had loved ones who were arbitrarily detained and arrested for no valid reason. Many of those people were kids or young adults, people with their whole lives ahead of them, yet their lives were taken, eliminated from this earth. They were not given the chance to live a full life.

More recently, I had the opportunity to join and speak at a rally put on by a group of Iranian Canadians called "Woman, Life, Freedom." A lot of us have heard from the community in different ways, whether it is at an event like the one in Ottawa, in our ridings or at other places across the country. Hopefully this bill will make a difference for them. We will have to see whether the Liberals decide to do anything with it.

Unfortunately, we have learned a lot of discouraging things over the past months about the government's failure to protect our national security. The Liberals have been very slow to act, or in some cases not responded to threats and foreign interference. There have been many displays of weakness for the whole world to see, whether it is our allies or hostile powers. It is unacceptable and it undermines our national security. We need to see the government use its lawful powers to put a stop to it and defend our citizens. That is what it is entrusted to do.

Despite the massive problem of inaction, it is good to see a bill that addresses any problem in our immigration system, which has been neglected by the Liberals for way too long.

I have asked the government about one of my constituents who has been waiting a year to get final approval for a foreign worker to work with his small business, and he is not alone. There is a massive backlog, with over half of the files going beyond the acceptable processing time limits by the government.

The Liberals need to stop breaking everything they touch, if they can help it. They need to get serious about fixing our immigration system. A lot of people want to live and work in our amazing country. We have so many blessings and so much potential in Canada.

Canadians are counting on their leaders to protect what we have and strengthen it for the future, strengthen it in a way that more people will want to come to our country to enjoy the fruits of our prosperity. We take that to heart on this side of the House. We are not going to let them down. We are not going to let current Canadians, future Canadians and the next generation of Canadians down either.

[Ted Falk, Conservative, Provencher, MB]

Madam Speaker, it is my privilege to rise in the House today and offer my thoughts with respect to Bill S-8, a bill aimed primarily at amending the Immigration and Refugee Protection Act and other acts, including the Emergencies Act, to ensure that those whom Canada has sanctioned as a result of the war in Ukraine, and others, cannot claim sanctuary in Canada.

I would like to begin by addressing three areas of my remarks this afternoon. I will start by addressing some of the weaknesses in this legislation. This will be followed by thoughts that China poses a much stronger and more relevant case for this legislation. Finally I will say why, despite the obvious flaws, I will be supporting this bill, albeit with reservations.

When this legislation was brought before the Senate last year, the senators heard from Dr. Andrea Charron. Dr. Charron is the director of the Centre for Defence and Security Studies at the University of Manitoba. She noted what many of us in this chamber and the other place have noted over the past seven and a half years, which is that the Liberals really struggle to bring coherent legislation. Whether here or in the Senate, there is a pattern of bringing forward legislation that sounds good, sounds comprehensive and sounds tough but ultimately achieves nothing. That really is the legislative legacy of the current Liberals: symbolism and sanctimony over substance, and virtue signalling rather than leading with virtue. It is legislation that is far more concerned with looking and sounding good rather than with doing good. It is legislation that is ultimately aimed at pleasing certain core constituencies of the Liberal establishment and international entities rather than at achieving real change for Canadians.

As Dr. Charron put it, this bill “repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues.” As Senator MacDonald noted in his critique, “[Dr. Charron's] critique of government bills is becoming all too commonplace of late. Many of the bills that the government is introducing are increasingly reactive measures, usually quick responses to external events. They are hasty measures designed to be symbolic, and it shows.”

Despite the Liberals' claim that they are listening to the experts, which is a claim that experts whose testimony has been systematically blocked or ignored by the Liberals in committee would dispute, their actions are not based on reality, unless they mean experts in how to keep the government from collapsing under the weight of its own self-righteousness and its own ineptness. The scandal-plagued government and Prime Minister consistently bring forward legislation, when in reality, as noted by expert witnesses at committee, changes to departmental processes and policies would likely be more efficient and ultimately more effective.

This virtue-signalling, reactive approach to legislation is often coupled with creating a straw man. Rather than dealing with the real issue or causes, the current government creates a false narrative with false bogeymen and false spectres of impending disaster, and then it attacks anyone who attempts to take a critical approach to its disingenuous actions. Dr. Charron asked the Senate committee a simple question: Is this actually a problem that needs to be addressed? Has this actually happened? Are there thousands of pro-war, pro-regime Russians whom we have sanctioned breaking down the door to get into Canada? Dr. Charron was unaware of such an occurrence.

The Senate heard from Richard St. Marseille, the director general of immigration and external review policy at the CBSA. Mr. St. Marseille informed the committee that no sanctioned individual from any country is known to have entered Canada in the past five years. There have been refusals abroad, including five under the Special Economic Measures Act and 10 under the Magnitsky law, but even those refusals are out of 1,858 individuals sanctioned under SEMA and roughly 2,200 individuals listed under various sanction grounds. To put it another way, none of these individuals have entered Canada, and fewer than 1% have even attempted to do so.

We have a lot of problems with our immigration and border security systems right now, but the simple facts and figures show that this is not one of them, nor is it likely to become one of them, because, despite the Prime Minister's belief that he has created a progressive utopia where everyone wants to live, many people in other parts of the world, including Russia, do not see it that way. Many Russians look at similar so-called progressive policies by the Zelenskyy government in Ukraine as a degradation of traditional values and, by extension, as part of their justification for invading in the first place: in order to rescue Ukrainians from what they view as western decadence and widespread immorality. A vast majority of Russians are appalled by the decline of traditional family values and what they see as the failures and weaknesses of western culture.

A growing number of Russians may be opposed to the war, even to President Putin, but let us not mistake that for a seismic culture shift that will suddenly embrace progressive policies and values. The notion that we are going to have a flood of Russians, especially those who have been sanctioned by Canada for supporting the regime, and who have had their assets seized, suddenly wanting and trying to come here is, frankly, ridiculous. They know they are not wanted here, and that is fine with them because they do not want to live here. There is no evidence or even indication this has been, is currently, or will become a problem.

We do have a pressing public safety and immigration problem, and that is with the Chinese Communist government. We have the Chinese ambassador and an untold number of agents of Beijing working to actively undermine our democracy; to intimidate and harm expats and family members, even members of the House; and to engage in espionage and cyber-attacks.

The government has consistently refused to address the actions of Beijing; better put, it has actively covered up for China's government. There are our National Microbiology Laboratory, the Chinese police stations that continue to operate despite the government's claim they do not, and the government's continuing to fund them through the Liberals' Canada summer jobs program. In fact, if one substituted China for Russia as the impetus for this legislation, it would be a lot easier to see this as a genuine effort rather than as just more virtue signalling. The opposition has been demanding, for months, the removal of the Chinese ambassador, the shutting down of these police stations, a stop to the government's covering up for its friends in Beijing, and its coming clean about what happened at the National Microbiology Laboratory and with election interference.

Instead, the government seeks to keep Canadians in the dark and distracted by creating a straw man so they will not pay attention to what the actual problem is. I really think the MO of the PMO has become to address something that has not been a problem, that is not a problem and is unlikely to become a problem, in order to distract Canadians from the myriad problems the government has created. Rather than address the illegal guns that the government has allowed to flood across the border, as used by the violent criminals it has kept out of jail, it goes after law-abiding firearm owners. Rather than go after its wealthy friends, it labels small business owners as tax cheats and goes after them. Now, rather than deal with the pressing and proven problem of Beijing, it raises the unsubstantiated spectre of an influx of sanctioned Russians.

I am not denying that Russia presents a threat to our Arctic sovereignty or to our digital infrastructure, or that the invasion of Ukraine is not a problem. It is a big problem, and Canada has gone above and beyond in our efforts to help Ukraine. However, this is Canada's Parliament, and those who poses an immediate domestic threat and should not be coming here are not the Russians; they are those from Beijing. This is really my main point here today. If we are going to pass this legislation, let us make sure we do so for the right reasons and use it against the right people. Let us use it to finally deal with Beijing, to finally deal comprehensively with the IRGC and those who are already here and pose a direct threat to Canadians and to our democracy.

With that said, as I noted at the top of my speech, despite these reservations, I will be voting in favour of this legislation. First, it would address a gap in the existing legislation that would allow IRCC to deny an individual based on international sanctions. Second, it would grant new powers to the Minister of Public Safety that would allow the minister to make a determination and issue a removal order. While any additional ministerial power, especially with the current government and its track record of shunning accountability at every turn, is a cause for concern, the opposition hopes that by removing the disingenuous excuse of so-called departmental dependence, the minister would now act in accordance with the will of the House to remove bad actors. Third, Conservatives have always been strong supporters of sanctions and the Magnitsky law, and have been critical of cases where individuals with ties to certain organizations but who are not necessarily on the terrorism list, like members of the IRGC, have been allowed to enter and remain in Canada. The legislation would remove the government's chief excuse for failing to deal judiciously with such individuals, so there is a chance it would become useful down the road, especially once a new Conservative government cleans up the legislation.

Despite the obvious flaws, there is sufficient merit to this legislation, and I will be supporting it.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Madam Speaker, it is important in Bill S-8 that we have the ability to have coordination among the different legislative pieces that are there to ensure that undesirables are not able to stay in Canada.

Once in a while there will be a need to proceed on a case-by-case basis, and I think that in that regard, ministerial oversight would still be required. However, what I like very much about this bill is that it brings together all of these pieces of legislation to deliver a clear message of what we will not accept here in Canada.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Madam Speaker, it is an honour to speak at third reading of 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.

I am very interested in this subject because, early on in my career, when I was a student and a community worker, I worked with refugees a lot and I also worked in human rights. It was very hard sometimes. Our work was impacted by cases of people entering Canada under dubious or fraudulent pretexts. It was very disheartening to see these people, who had committed human rights violations and other serious offences in their own country, find refuge here in Canada. I think it is very important for Canada to use every tool at its disposal to punish all those responsible for violations of international law, such as human rights abuses.

As members know, sanctions have proven to be effective foreign policy instruments to hold bad actor regimes accountable for their blatant disregard for the rules-based international order. The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights, and significant acts of corruption. In reaction to the Russian annexation of Crimea and the most recent developments in Russia's war of aggression against Ukraine, Canada has imposed a series of individual and economic sanctions.

Sanctions may be enacted through a number of instruments, including the United Nations Act, the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act.

Under our legislation, sanctions against individuals and entities can include a dealings ban, which is effectively an asset freeze, and restrictions or prohibitions on trade, financial transactions or other economic activity. Canadians are also prohibited from dealing with sanctioned individuals, effectively freezing their Canadian assets. This tool to freeze the assets of those who have committed acts that violate human rights is really effective. It is incredible. Freezing their assets really gets their attention.

Canada's immigration system has a strong global reputation, in part due to its well-balanced enforcement system. For nearly 20 years, the Immigration and Refugee Protection Act, or IRPA, has worked in tandem with our sanctions legislation to ensure that bad actors are found inadmissible to Canada.

The IRPA defines the applicable criteria for all foreign nationals seeking to enter or remain in Canada, including grounds of inadmissibility that would lead an application by a foreign national for a visa or entry to Canada to be refused. In the case of the inadmissibility provisions of the IRPA as they relate to sanctions, decisions are relatively straightforward. If an individual is explicitly identified under one of the sanctions' triggers, then they will be found inadmissible to Canada under the IRPA on that basis alone.

However, inadmissibility provisions of the IRPA as currently written do not fully align with all grounds for imposing sanctions under the Special Economic Measures Act, or SEMA.

In 2017, two new sanctions-related inadmissibility criteria were brought into force by the Senate bill, Bill S-226. Bill S‑226 ensured that foreign nationals sanctioned under the SEMA were inadmissible to Canada, but only in circumstances of gross and systematic human rights violations and systematic acts of corruption.

This approach meant that foreign nationals sanctioned under other provisions, such as “a grave breach of international peace and security”, which has been frequently used in sanctions imposed in response to the Russian invasion of Ukraine, were not inadmissible to Canada. In other words, this means that Russian individuals sanctioned under the SEMA may nevertheless continue to have unfettered access to travel to, enter or remain in Canada, unless they are inadmissible for other reasons. This is unacceptable.

As we know, Parliament previously identified this as a legislative gap in Canada's sanctions regime. In April 2017, the Standing Committee on Foreign Affairs and International Development released a report that recommended that the IRPA be amended. The objective was to designate all persons sanctioned under the SEMA as inadmissible to Canada.

That is what is proposed in Bill S-8. The proposed amendments would ensure that all inadmissibility ground relating to sanctions are applied in a cohesive and coherent manner. Bill S‑8 will align the sanctions regime with inadmissibility to Canada so that Russian individuals and entities, which were recently sanctioned because of Russia's invasion of Ukraine, and Iranian individuals and entities, which were sanctioned for supporting terrorism and their systematic and blatant human rights violations, are inadmissible to Canada.

These amendments are very important because they would enable the Canada Border Service Agency and officials at Immigration, Refugees and Citizenship Canada to refuse to issue visas.

These important amendments would ensure sanctions have meaningful consequences from both an economic perspective and in terms of immigration and access to Canada. In adopting these measures, Canada would be sending a very strong message to the world that those who violate human rights are not welcome in our country. The Government of Canada will continue to stand firmly against human rights abuses abroad, and we will hold both Russia and all other bad actor regimes accountable for their actions. At the same time, the government remains firmly committed to protecting the safety and security of all residents here on Canadian soil.

I know I am almost out of time, but I want to say that this is a very important bill for all political parties in the House of Commons as well as for my constituents in Châteauguay—Lacolle. We believe in justice, and we want justice. For that reason, I implore all hon. members of this House to support this important and timely bill.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Madam Speaker, I want to get my remarks on Bill S-8 in Hansard today.

We know this bill is about sanctions and the sanction regime of this country. Sanctions are an important tool the government can use to deal with bad actors in the world.

One thing to note about recognizing the sovereignty of nations, as we want our sovereignty to be recognized, is the reality that we cannot enforce our laws in other countries. What we can do, though, is deal with other countries as entire entities or with individuals if they choose to come to Canada.

There is a whole host of reasons we would use sanctions. Most often, as we have seen lately, countries that violate human rights are subject to Canadian sanctions. Countries that do not respect the borders of other countries also get sanctions. Countries that are threatening to Canada, although maybe not directly, would be sanctioned too. We also sanction individuals. We may sanction folks who have committed heinous crimes in other countries that our courts have no jurisdiction over.

This tool has been used for many years, and in my time here in Parliament, we have improved, enhanced and worked to increase the sanctioning abilities of Canada. I am talking about the Magnitsky act. When I first came here, the Magnitsky law was passed, and more recently the name was changed to the Magnitsky act to better reflect what we are talking about here.

Putting sanctions on particular countries is something the government has the power to do, and it does do that from time to time. One is banning folks from coming here. I do not know if members know this, but I am living under a sanction. I am one of the Canadians who have been banned from Russia. I do not think it was an overly effective sanction, as I was not planning to go to Russia anytime soon, but nonetheless, I am being sanctioned by Russia. In the same way, through sanctions, Canada will ban people coming from particular parts of the world from participating in Canadian society or visiting their family members who live in Canada. That is something Bill S-8 attempts to achieve. It would prevent folks on a sanctions list who are from a country being sanctioned from coming to and visiting Canada.

What is interesting about all of this is that it does not seem to be a problem. When folks came to the Senate committee, they noted that there did not appear to be any attempts by people who are sanctioned to try to come to Canada. In the same way, with me being sanctioned and made a persona non grata in Russia, there is no major threat of me breaking the sanction due to the fact that I am not planning to go to Russia anytime soon. Folks who are sanctioned by Canada often are not travelling to Canada. It was therefore noted at committee that this appears to be a solution in search of a problem. It appears the government is attempting to look like it is doing something when in fact there is no issue to be seen here.

This bill does theoretically ensure that folks who are under a sanction do not come to Canada, but at the same time, it gives dramatic leeway to the minister. Once again, this is where we run into trouble with the idea of the rule of law. The law should be written down so that folks are able to read it, and there should not be ambiguity in how it is enforced. When ministerial discretion is given to a minister, one case may be judged and ruled on differently than another, which is the challenge that folks have brought forward. This bill introduces some ambiguity as to who will be allowed into Canada and who will not be allowed into Canada.

I understand that there are times when we are challenged by the rule of law given that it is written rigidly. We can see that what is legal and what is right and just sometimes come into conflict. In that case, I imagine we could allow for ministerial discretion, but it will be a challenge for folks to bring this to the minister in a uniform way. Folks who are facing the same situation will depend on their connections and will depend on who they know in order to get an audience with the minister and get the minister's discretion to come into force, either to prevent folks from coming into Canada or to get around a particular sanction in a particular country.

There is some cause for concern that, once again, perhaps this is another piece of legislation where the rule of law is being undermined by ministerial discretion. We have seen this before with the Liberals. They do not necessarily do their homework when they are designing laws. They will put together a piece of legislation that says something nice at the very top and then turns out to be basically a blank piece of paper underneath. We have seen this before. Then they will say, “Trust us. We will write it in the regulations when we get to the regulations.”

We have seen this with their child care bill. We have seen this with their dental care program. We have also seen this with their disability benefit. The disability benefit regime is, in my opinion, probably the best case, or the worst case depending on how we look at it, to show how the government does not do the hard work of governing with legislation. Rather, it says, “We want to put this program in place, but trust us; we will get it right once we get there.”

We do not have any criteria on eligibility. We do not know who is going to get it. We do not know how this new program that is yet to be designed will impact the average Canadian. To some degree, that is what we see with Bill S-8 as well. It is governing by ministerial edict. It is governing without regard for what the law has written down.

All of that is a concern, but I want to bring this back to the point from folks at committee. They mentioned that there has not been, as far as they can tell, any attempt by somebody under Canadian sanctions to try to flout and get around those sanctions to come to Canada. That in particular is, I think, interesting since the government spent time on this bill.

The government will often accuse us, the Conservatives, of wasting time in this place. We are the official opposition. It is our job to scrutinize bills. It is our job to ensure that time is spent debating them, listening to Canadians from across the country with different perspectives and outlining problems that may be in legislation and problems that may be concerning to Canadians.

This is an interesting piece of legislation, as there has not been a case the government can point to, or a story, where somebody who has been under sanction has gained access to Canada through some of these measures. What I can say is that the government has let folks into Canada who have not been under sanction but who probably should not have come to Canada. I am thinking of one of the generals of the Sri Lankan army, who is responsible for a significant number of deaths in the Tamil community. The Tamil community was very upset that he was allowed in.

These are some of the things I am concerned about with this bill. I am looking forward to the discussion.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Madam Speaker, the member opposite said I complained. In fact, the record will clearly show that I stood up, even when I was in opposition, and said that time allocation is a necessary tool in order to get legislation passed. It is unfortunate that, at times, some opposition parties feel that it does not matter whether they support the legislation or how timely the legislation might be; it is more important to use legislation in virtually all situations as a mechanism to prevent the government from passing legislation.

Bill S-8 is legislation that should be, relatively speaking, non-controversial. If we take a look at the issue of human rights violations and canvass our constituents about it, a vast majority would be very upset at the notion of the human rights violations taking place anywhere in the world. I would suggest that over 95% of them would be upset.

I am very proud of the fact that, a few years back, we established a human rights museum in my home city of Winnipeg. For many residents, this amplifies the issue of human rights.

We have had members of Parliament, both today and in the past, who have been strong advocates in fighting against those who inflict human rights violations, whether it is an individual, a state or any other organization taking away basic human rights. I think of such individuals as Irwin Cotler and David Matas, whom I had the honour and privilege to know, at least in part, and whose passion I was able to see. I heard them articulate why it is so important that, no matter which political party one belongs to, we get behind it as legislators and do what we can. Ideally, we should do so collectively.

I think of the Magnitsky act and the push to ultimately get that into law. As members will know, one can come up with an idea, but it can sometimes be a challenge to put it into law. Fortunately, through the support of all parties inside the House, through a private member's bill, we were ultimately able to make that happen. The desire was there, and justifiably so.

Take a look at Canada and the world. I will direct this point to the speaker before me. Canada's population is about 38 million people, yet look at the positioning that Canada has around the world among the 150-plus countries and states. Canada carries a great deal of influence throughout the world. We are a country in very high demand, in terms of people wanting to come to Canada. We constantly get people coming on visits to Ottawa to meet with parliamentarians, civil society and different organizations. We have organizations scattered throughout the country that provide all forms of humanitarian aid for countries around the world.

I believe that Canada is a leader in many different areas, including the area of human rights. It is something that we can all take a sense of pride and ownership in, I would suggest, no matter what political party we are part of. We see that in some of the legislative debates that we have had. I have always appreciated having debate and the take-note debate, for example, in regard to what is taking place in Ukraine. When we talk about the sanctions in Bill S-8, the bill would ensure that there is a direct consequence to individuals who have been sanctioned by the government, so that they will never be able to enter Canada. If members look at past emergency debates or the take-note debate on the issue of Ukraine alone, members would find that there have been many hours spent debating it over the years.

I was in opposition in 2014, when there was the uprising that was taking place in the Maidan, or Independence Square, in Kyiv. I had the opportunity to go over there on a visit and witness some of the things first-hand, as I know many of my colleagues have done.

I have heard the horror stories about the human rights violations that are taking place, whether by the Russian regime or the Iranian regime. It is terrifying. The discrimination based on gender is disgusting, not to mention the atrocities with regard to issues of torture, such as a war that is ongoing and unjustified.

That is why we have this legislation. From my perspective, it is a complement to the Magnitsky Act. We are saying we want to ensure that there are sanctions against these people who are causing all these issues of a horrific nature, but not only that, Bill S-8 says that we do not want them in Canada. I think that is a powerful statement. I think it adds value to what I suggest is Canada's place in the world, where we are reflecting true Canadian values, which are there to protect human rights. That is why, when I look at this particular piece of legislation, unless the Conservative Party or another party is opposing it, I do not necessarily see why we would cause a delay like the one we witnessed this morning.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, there is the odd occasion in which I agree wholeheartedly with what the member opposite says inside the chamber. I really appreciated her comments on why it is so incredibly important that we recognize legislation for what it is and, yes, have some debate on it. However, to intentionally prevent the passage of legislation does not do a service to Canadians.

Bill S-8 is a good example. My understanding is that we are going to get fairly good support for Bill S-8, whether that is from the Conservatives, Bloc members or New Democrats. I am not too sure about the Greens on Bill S-8, but I assume they are supporting it. I get a thumbs-up from the leader of the Green Party. I believe there is fairly wide support for the initiative.

Even on legislation the Conservatives support, they want to push the envelope in preventing the legislation from passing. The Conservative Party members are familiar with that particular tactic. When they were in government, the Conservative majority government instituted time allocation all the time.

[Maxime Blanchette-Joncas, Bloc, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Madam Speaker, I commend my colleague for her speech on the important bill we are debating, Bill S-8.

Of course, I agree with her that we must try to raise the level of debate and move away from partisanship, particularly when it comes to important bills.

Where I tend to disagree with her is on the moralizing we hear from the New Democratic Party. Today they are telling us that we should stop playing games. I would remind people and parliamentarians present in the House that the NDP helped the Liberals pass 26 time allocation motions to shorten the debates.

This shows a lack of consideration and respect for democracy and for the parliamentarians who are elected to do that work. Our job is to come and talk and debate bills.

My question for my colleague is simple: Does she think democracy is a game?

[Philip Lawrence, Conservative, Northumberland—Peterborough South, ON]

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

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, as I mentioned, we need to actually get the proper sanction regime and one that is effective. Bill S-8 is a step in the right direction. Canada plays an important role, not just in the situation with Russia but for other countries as well, such as addressing, for example, Iran, the Iranian regime and the atrocious human rights violations. We need to bring those measures in place for other countries, such as South Sudan, Syria, Venezuela, Zimbabwe, and I could go on with a list. It is very important for Canada to get our sanctions regime in order.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I am happy to rise to enter into debate with respect to Bill S-8. People may ask what Bill S-8 would do. The bill would make changes to sanctions related to immigration enforcement by bringing the Immigration and Refugee Protection Act into line with the SEMA. It would make sanctioned individuals, including previously sanctioned individuals, inadmissible to Canada.

Ukraine has also asked Canada to take this step with regard to Russians on our sanctions list. At present, the great breach of international peace and security is the primary mechanism that Canada is sanctioning Russian individuals under, and that does not currently trigger the inadmissibility provisions. That is why we have Bill S-8 before us, which is meant to fix this.

I should note, though, that what Bill S-8 would not do is address the absence of parliamentary oversight of our sanctions regime or enforcement in areas that are not immigration related; that is, the seizing of assets. Therefore, a lot of work needs to be done to fix our sanctions regime if Bill S-8 is to pass.

The bill would not fix the challenge of clarity either, for example, why the government adds some names but not others and for what reasons. Further, public communication and access to sanction lists is still subpar. We need a comprehensive review of Canada's sanctions regime. The NDP has proposed a study at the foreign affairs committee on Canada's sanctions regime, and we hope that study will take place this winter.

Canada's foremost expert on sanctions policy, Andrea Charron, has said:

While there is nothing wrong with highlighting in the Immigration and Refugee Act that inadmissibility due to sanctions is possible, this repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues. If we are to continue to sanction autonomously with allies, we need to fix fundamental issues of policy and process.

This has been put on the public record by experts, so the bill is a step in the right direction, to be sure.

We are debating a bill that is supported by all the parties in the House, but what is happening is the Conservatives are trying to use parliamentary tools to delay progress of the work in the House. Not only are we debating this bill that everybody supports and wants to get done, but the Conservatives have moved an amendment to change the title of the bill. This is a tactic. In fact, at this moment, what we are technically debating is a motion to change the title of the bill. I have seen this play over and over again in this Parliament.

Last week, we had debate on the child care bill. What did the Conservatives want to do? We were debating the child care bill until midnight, a bill that we wanted to move forward to ensure that child care provisions were made available to Canadians. Instead of doing that, we were debating a motion to change the title of the bill. That is what we are doing again.

I find it distressing that those are the tactics on which the Conservatives repeatedly rely. The sole purpose of that is not to talk about the substance of the issues and the importance of the issue and how we can improve the legislation or how we can improve the situation for the people who need the changes, but, rather, it is a tactic that is deployed by the Conservatives to upset progress in the House, all for partisan politics. It is all for the Conservatives' own political motivation. It has nothing to do with the work that is really important for the people.

With respect to the issue around sanctions, why is this so important? We need to ensure that inadmissibility is in place. We are talking about Russians who have waged this illegal war against Ukrainians. We are also talking about other countries that are faced with sanctions as well.

However, the ineffectiveness of our sanction regime has been highlighted over and over again. In addition to the inadmissibility piece, we need to also look at the issue around sanctioning that applies to assets as well. So far, what we have seen with respect to that arena is that very little effort has been made. It has not been effective.

We are now talking about foreign interference as it relates to China. For members of Parliament, including myself, who have been targeted by the Communist Chinese Party, there is a question about sanctions applying to China as well that needs to be in play. There are a number of different countries for which we need an effective sanctioning regime.

I would urge the members of the House, the Conservatives included, to stop playing games. Let us get on with the work. We are here to do this work and move forward. It is important to pass this bill and bring forward accountability measures for sanctioning regimes.

The House resumed consideration of 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, as reported (with amendments) from the committee, and of Motion No. 1.

Motion in Amendment

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

Madam Speaker, as I said, the best time to speak is just before oral question period.

What I was saying is that Quebeckers and Canadians want our country to continue welcoming people fleeing repression or intolerable humanitarian crises. I would like to think that this is the context for 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.

Bill S‑8 is currently at third reading and has been studied and amended by the Standing Committee on Foreign Affairs. I had the opportunity to replace my Bloc Québécois colleague from Montarville on that committee and to work with my colleagues from other parties.

Members know that I am among those who believe that, despite differing ideas and political visions, most of the time collaboration helps parliamentary work. We witnessed that recently once again with Bill C‑41. It also demonstrates that despite sometimes having different, and even diametrically opposed, positions, we can work together and get things done. Our work is to find common ground. Everyone knows that politics is the art of compromise.

In short, it is this teamwork that will have helped improve the bill currently before us. I must recognize the remarkable work done by the committee and all the parties that came together to amend Bill S‑8 so that it would not undermine attempts by people who want to escape the war. That was the main objective. Let us not forget that one of the concerns of the organizations was that some people from a sanctioned country might not be able to seek refuge because of the new provisions in this bill.

Bill S‑8 also ensures that Canada meets its international obligations when it comes to welcoming refugees. This means that individuals targeted by a sanctions regime could claim asylum. However, they would not be able to receive permanent resident status as long as they remain targeted by a sanctions regime. Bill S‑8 therefore fixes the problems that were introduced by the Justice for Victims of Corrupt Foreign Officials Act, which prohibited individuals targeted by a sanctions regime to file a claim for refugee protection. It also allows border officers to turn away individuals who would be targeted by a sanctions regime as soon as they arrive.

That correction is in line with the UN Convention relating to the Status of Refugees, which states that only convictions “by a final judgement of a particularly serious crime [or a crime which] constitutes a danger to the community of that country” are sufficient grounds to remove a refugee from the country or deny them entry. I sense that people are interested in what I am saying.

The bill also now includes a provision that requires it to be reviewed after three years to determine its effectiveness, which is excellent news. That is a fine amendment that will enable us to make changes to the bill, if ever it were to have undesirable effects on certain refugee groups.

In short, it is a good bill that was improved by my colleagues from all parties in order to remedy the situation for certain asylum seekers. This bill will assure those who are fleeing war, corruption and oppression that it is indeed they that we intend to protect from armed conflicts, not those who instigate such conflicts. Those who violate human rights are not welcome in Quebec and Canada. In solidarity with our allies and out of aversion for warmongering regimes and organizations, the Bloc Québécois invites all parties to unanimously vote in favour of this bill so that Quebec and Canada are and remain welcoming nations for asylum seekers, and not safe havens for criminals.

In closing, I will repeat that we are here to do a job. When parties collaborate and move a bill in the right direction by working together, we, the parliamentarians, are judged by the people we represent. Our constituents must be thinking that, for once, parliamentarians are getting along and working together to improve bills for the well-being of the people of Canada, but also for the well-being of people coming from other countries who would like Canada and Quebec to become their new home.

I congratulate my colleagues once again. I want to highlight their work, and I believe that it should become a good example for other committees. It was a pleasure to rise today just before oral question period.