Thank you, Mr. Chair.
Good afternoon.
I thank the chair for inviting my colleagues and me to discuss private member's bill C-281, which makes amendments to the following four acts: the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act, the Prohibiting Cluster Munitions Act, and the Broadcasting Act.
Canada's commitment to the promotion and protection of human rights has not wavered. To further demonstrate this commitment, today we will outline areas where the government could make improvements to the bill and we look forward to the upcoming discussion on opportunities to enhance Canada's existing toolkit to advance human rights.
To begin, this bill proposes two amendments to the Department of Foreign Affairs, Trade and Development Act. First, there are new reporting requirements for the Minister of Foreign Affairs on Canada's efforts to advance human rights. Second, it proposes that Global Affairs Canada publish a list of the names and circumstances of prisoners of conscience held around the world whose release the government is actively seeking.
We welcome the call for an annual report on Canada's engagement in human rights, which will demonstrate the breadth of Canada's activities to advance human rights internationally, including our support of human rights defenders worldwide. There are numerous ways for the department to deliver a substantive report that provides transparency while also ensuring that our approach to foreign relations remains agile.
The bill also proposes to publicize a list of names of prisoners of conscience. While there is no international or domestic legal definition for the term itself, Canada is actively engaged in support of human rights defenders around the world. Such engagement is premised on key principles, including do no harm and only take action on a particular case with the free, full and informed consent of the human rights defender in question.
Publicizing a list of names and circumstances of human rights defenders where there is Canadian engagement cannot guarantee that these principles will be respected. Importantly, it would risk impeding diplomatic actions and could endanger the safety of the individuals concerned. That said, an annual report will give the opportunity to present Canada's broad engagement in support of human rights defenders.
Turning to Bill C-281's amendment to the Justice for Victims of Corrupt Foreign Officials Act, this amendment requires the Minister of Foreign Affairs to respond, within 40 days, to reports submitted by parliamentary committees that recommend sanctions be imposed against a foreign national, with the response subsequently published online.
We note Bill C-281's proposed 40-day response period is an entirely new reporting requirement for the minister, and it is not aligned with the existing standard practice for government responses, which is 120 days for the House of Commons and 150 days for the Senate, as is known better by people in this room than by us. We assess that the limited time frame associated with this proposal could impact the current rigour and judiciousness of Canada's approach to the imposition of sanctions. It presupposes Governor in Council approval, and it also risks the sanctions becoming ineffective.
Given these risks, our recommendation is to modify the proposal to instead require the acknowledgement and consideration of the committee's recommendation, but otherwise to align with standard practices and due diligence processes. We believe these amendments would respect the overall intent of Bill C-281.
Turning now to Bill C-281's amendments to the Prohibiting Cluster Munitions Act, we welcome the proposal to place prohibitions on direct investments, as it makes it explicitly clear that it is illegal for Canadians to make direct investments in cluster munitions and the industry. Canada is already fully compliant with the Convention on Cluster Munitions through our implementation of the PCMA, and these amendments further demonstrate Canada's commitment to eliminating these deadly and indiscriminate weapons.
Bill C-281 also introduces prohibitions on indirect investments. While this amendment is clearly well-intentioned, it poses a challenge to enforcement because it potentially criminalizes indirect investors, such as holders of pensions and retirement funds, who may be unaware of what investments they hold. Focusing the amendments in Bill C-281 exclusively on direct investments would ensure that the bill is enforceable and clear to Canadians, while contributing to a world free from cluster munitions.
Finally, with regard to the Broadcasting Act, Bill C-281 amends the Broadcasting Act by prohibiting the issuance, amendment or renewal of broadcasting licences to broadcasters who are “vulnerable to being influenced” by particular foreign nationals or entities of concern, including those who the House of Commons have determined committed genocide.
The bill's approach includes language that is overly broad, restricts the regulator's ability to find solutions and links the determination of genocide to a political statement rather than a legal determination.
By refocusing the language of Bill C-281, Parliament has an opportunity to strengthen and protect the integrity of our broadcasting system. To do this, we suggest better defining the relationship between the broadcasters and foreign entities, linking the determination of genocide to decisions by domestic or international tribunals and removing the prohibition on licence amendments, which can allow regulators to reduce the potential influence of a bad actor while maintaining the prohibition on the issuance and renewal of licences.
In concluding my statement, I would just like to note that we have taken good note of the strong cross-party support that this bill enjoys and that the issue of human rights enjoys. Let me say that, for the men and women of the Canadian foreign service who are defending human rights around the world, the existence of strong cross-party support in our Parliament for human rights gives us enormous legitimacy for that work.
That brings me to the end of my opening statement. We're at the committee's disposal to answer any questions.