Evidence of meeting #49 for Foreign Affairs and International Development in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was review.
A recording is available from Parliament.
4:55 p.m.
Voices
Oh, oh!
4:55 p.m.
Conservative
The Chair Conservative Dean Allison
Mr. Rae, let's be very clear as to what that looks like and where you would like that in the particular amendment.
4:55 p.m.
Liberal
Bob Rae Liberal Toronto Centre, ON
It reads:
operation of this Act, and of the United Nations Act, the Special Economics Measures Act
Do you understand that?
4:55 p.m.
Bloc
4:55 p.m.
Conservative
4:55 p.m.
Conservative
The Chair Conservative Dean Allison
Hold on one second.
I just want to tell you some of the concerns the legislative clerk has in terms of adding that additional amendment, Mr. Rae. You're talking about introducing two different acts that have no relation to this particular act.
5 p.m.
Liberal
Bob Rae Liberal Toronto Centre, ON
Sure they do. They absolutely do. They do because they're directly connected under the jurisdiction of the Minister of Foreign Affairs to exactly the same set of issues. I don't know why that would be a problem.
5 p.m.
Conservative
The Chair Conservative Dean Allison
Well, it's certainly not within the bill that we're looking at right now. I'm throwing that on the table.
Mr. Dewar.
5 p.m.
NDP
Paul Dewar NDP Ottawa Centre, ON
Perhaps we could hear from our experts on this in terms of the UN Act, in particular. I understand SEMA, but just in terms of the relationship between the UN Act and this piece of legislation....
5 p.m.
Legal Adviser, Department of Foreign Affairs and International Trade
I would just simply point out that the UN Act is really a facilitating flowthrough form of legislation that puts in place the mechanism by which we have to implement a UN Security Council resolution. It really is merely a mechanism for doing that.
Do you want to speak to the techniques involved?
5 p.m.
Director, United Nations, Human Rights and Economic Law Division, Department of Foreign Affairs and International Trade
The United Nations Act essentially allows the government to implement non-military measures under article 41 of the charter of the United Nations. It's a vehicle with which we can comply with our international legal obligations under the UN charter to implement binding decisions of the Security Council.
The meat of what actually happens once the Security Council makes a resolution is contained in the regulations, because the act doesn't specify the types of measures that the Security Council can impose. It is very general on that point. So when we implement a decision, there's no discretion in that manner in what we implement. For example, the most recent Libya regulations were partially taken under the United Nations Act, and we implemented expressly what the Security Council obliged us to do. The discretion lies in how we implement, and for Canada that vehicle is the United Nations Act.
Some aspects of the Security Council resolutions are implemented automatically by operation of law. For example, travel bans are implemented through a mechanism that's already contained in the Immigration and Refugee Protection Act. But the United Nations Act, in and of itself, does not deal with any of the protection measures, asset seizures, restraints, or anything like that. That all comes into play when we pass regulations under the act.
5 p.m.
Conservative
The Chair Conservative Dean Allison
As a compromise, why don't we strike the UN and leave SEMA in there?
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Liberal
Bob Rae Liberal Toronto Centre, ON
That's fine. Another thing I was going to suggest as compromise, because I'm always looking for compromises, is to say “and related pieces of legislation”, or whatever the phrase would be.
5 p.m.
Liberal
Bernard Patry Liberal Pierrefonds—Dollard, QC
It is too broad.
That's too broad. It says anything and nothing.
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Legal Adviser, Department of Foreign Affairs and International Trade
That's like “any other relevant document”.
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Liberal
5 p.m.
Conservative
The Chair Conservative Dean Allison
Is that a compromise?
Okay.
Mr. Dewar, are you all right with that? Okay.
The new amendment is that the provisions operation of this act, as well as SEMA, be looked at, etc. So we're going to add SEMA.
(Subamendment agreed to)
(Amendment agreed to)
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Conservative
5:05 p.m.
Conservative
The Chair Conservative Dean Allison
Here I thought we were going to have it all done and we're going to get held up on the title. It was so close.
5:05 p.m.
Liberal
Bob Rae Liberal Toronto Centre, ON
There is a substantive issue here. It doesn't only apply to so-called corrupt regimes.
