Mr. Speaker, I could summarize my speech by saying yes, but also no, and sitting back down. However, I will try to go a bit further.
Yes, we intend to support Bill C‑219. This bill is, in fact, a repeat, if I may say so, of former Bill C‑281, which died on the order paper in the Senate when Parliament was dissolved last year. However, it had previously received unanimous support here in the House of Commons at third reading. It is no surprise that we are announcing that we will support Bill C‑219.
That being said, there are a few small changes that were made to this bill and that are worth studying in committee, perhaps even amended. That is why I am saying yes but also no. I am saying no to it as a whole, but yes to studying it in committee.
Bill C-219 proposes some key principles on which we cannot disagree, particularly when it comes to cracking down on states that abuse their power over political prisoners. Much has been said about the law that underpins all of these discussions, the Sergei Magnitsky law. Sergei Magnitsky, whom I would actually like to commend, was a Russian lawyer who was arrested for exposing fraud committed by Russian authorities. He was sent to prison where he died the following year. Three years after his death, a trial was held and he was found guilty of fraud. We cannot make this stuff up. This type of abuse is outrageous. It has been recognized pretty much everywhere around the world as an unacceptable and irregular deviation from the rule of law.
The United States passed a bill and implemented a law that covers this type of situation. Canada did the same in 2017. We agree on that. Bill C-219 revises these provisions, which, again, is not necessarily a bad thing, but we have to be careful.
For example, it has been proposed that the names and status of political prisoners be published. For someone like Mr. Magnitsky, whom I just mentioned, who is imprisoned, his name and status could be disclosed, which might seem valid in many respects, but the problem is that those states that abuse their power tend to crack down on the families of individuals instead. For example, if a state takes action against one of its citizens in a way that is considered completely abusive, would we want that individual's family to be harassed or pressured? I think that would be a bad idea.
We will have to look at this carefully in committee. The Bloc Québécois believes that in some cases it may be valid and in others it may not. However, before deciding whether or not to release the identities of political prisoners, we should first obtain the prior consent of their families. As the bill is currently worded, this information would be released unless the family objects. We think the opposite should happen. We should not wait for an objection. Before releasing the names of political prisoners, we should obtain permission from their immediate family. I think it would be wise to proceed in this manner, but this is the type of discussion that we will obviously have in committee.
There is also the issue of varying definitions. The bill seeks to define transnational repression. That may seem obvious but, in reality, it may not be. I think we will have to look at that carefully.
Here is the definition of transnational repression that appears in the bill: tactics used by a foreign state to intimidate, harass, surveil or threaten individuals or groups located outside the state borders or physically harm such individuals or members of such groups, including elected officials, political dissidents, human rights defenders, exiled journalists, diaspora communities, civil society activists and refugees, for the purpose of silencing dissent and stifling activism.
This definition seems to be quite broad, but it is worth asking whether it covers everything. I am not sure. Is what it does cover actually useful? I am not sure about that either. We will have to look at it carefully. I think this is indeed the kind of bill where we need to hear from experts. We need guidance from people who are familiar with this type of situation and who can ensure that we are making the right decisions and taking action where needed.
There is also the matter of defining what a prisoner of conscience is in the bill. It refers to “an individual who, in contravention of international human rights standards, has been detained or otherwise physically restricted solely because of their identity or their conscientiously held beliefs, including religious or political beliefs.” This too may seem exhaustive, but it deserves our consideration. We need to look carefully at whether we are really achieving the objective we want to achieve with this bill. Should the definition be broadened? Should it be narrowed or clarified? For example, when we talk about beliefs, perhaps we should define what beliefs are.
We had some tough debates on this issue during the last Parliament, and I think it deserves careful consideration. I am not talking about paying close attention to lobbyists. It is important to hear from them because they will provide insight, but as a legislator, I need to hear the opinions of experts, people who know about these issues. These could be lawyers who deal with these situations or retired judges who have worked on these issues in these states. I think it will be important to do that. We would be remiss if we did not.
Another proposed change in Bill C-219 that strikes me as somewhat questionable is a name change. Name changes are usually fairly straightforward. They appear uncomplicated and we usually approve them without too much discussion, but in this case, the name change could lead to confusion. We are talking about the Special Economic Measures Act. That is its current name. The bill proposes to change the name to “An Act to provide for the imposition of economic measures against a person, entity or foreign state for grave breaches of international peace and security, gross and systematic human rights violations or acts of significant corruption”.
That is a bit of a complicated title. In fact, the proposed short title is the Sergei Magnitsky international anti-corruption and human rights act. The long title is far too long and far too complicated. It will hardly ever be used. I would be very surprised to hear a lawyer stand up in court, address the judge and spend three minutes naming the law. The long name becomes useless at that point. People will use the short title instead. However, there is already a law called the Sergei Magnitsky law. What will happen when people refer to a law that bears the same name as another law? That would cause confusion and we would be no better off. I think that, too, will have to be examined in committee.
I will dispense with the details of the bill as a whole. It is interesting. It includes sanctions for renewing licences for companies that are influenced by foreign entities that are engaged in repression. There are many things we want to keep, but as I just said, there are parts of this bill that we will have to review in committee.
