Thank you very much, Mr. Chair.
Members of the committee, my name is Lisa Middlemiss, and I am the current chair of the immigration law section of the Canadian Bar Association. The Canadian Bar Association is a national association of 37,000 members, including lawyers, judges, notaries, academics and law students, with a 120-year-old mandate to seek improvements in the law and the administration of justice.
Thank you for inviting the CBA to comment on Bill S-8.
Our section believes that the following loopholes should be addressed to avoid innocent people being caught by the broader language of Bill S-8.
The bill states that a foreign national is inadmissible for international sanctions imposed not only on a country but also on an entity or person. Broadening the scope of inadmissibility for international sanctions poses a risk by obscuring the delisting process.
There are disturbing examples of cases where individuals say they were wrongly sanctioned. Dr. Andrea Charron, a sanctions expert and director of the Centre for Defence and Security Studies at the University of Manitoba, gave the example of a differently spelled first or last name, even if it's only one letter off, which can lead to another person being sanctioned.
The consolidated Canadian Autonomous Sanctions List contains over 3,500 names of individuals or entities sanctioned under the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Leaders Act (also known as Sergei Magnitsky's Law), in addition to those sanctioned under the United Nations Act.
Take the recently reported case of a businessman who is listed on the Canadian consultant sanctions list for collaborating with the Putin regime, although he left Russia over 20 years ago and claims that he has no ties to Russia. His wife was working in another country and claims no ties to Russia either.
Given that the delisting application process is complex and lengthy, those who contend they are mistakenly sanctioned have little recourse. When Bill S-8 expands the scope of inadmissibility for sanctions, this is of particular concern.
Speaking of the lack of definitions for sanctions, it is essential to define the word “sanctions”, which the bill references in lieu of sanctions for human and international rights violations as presently referenced in subsection 35(1) of the IRPA.
Bill S-8 expands inadmissibility based on sanctions to include all orders and regulations made under section 4 of the SEMA. Section 4 references the Governor in Council making sanctions for a wide variety of circumstances, which in some cases—see subsection 4(1.1) of SEMA—may be premised merely on a decision, recommendation or resolution. Given the potential breadth for inadmissibility based on sanctions, it is really important to adopt definitions within the IRPA and the IRPR.
With respect to the missing definition of the term “entity”, Bill S‑8 determines sanctions-based inadmissibility for an entity, person or country; and yet, the term “entity” is not defined in it. The Special Economic Measures Act, for example, defines “entity” broadly in section 2 as “a body corporate, trust, partnership, fund, an unincorporated association or organization or a foreign state”.
It's hard to imagine what this concept of entity might not include. We recommend that Bill S‑8 implement a regulatory framework to ensure that the term “entity” is clearly defined in the context of the Immigration and Refugee Protection Act. In addition, the degree of ownership and participation in such an entity should be clarified to avoid unintended consequences on individuals seeking admission into Canada or wishing to stay in the country.
There is the gravity of consequences for inadmissible individuals. Delisting processes vary across international organizations. This complexifies and obscures the process.
We believe it's critical that individuals facing inadmissibility based on the ground of sanctions are independently and impartially assessed.
Finally, we would note that inland refugee claimants remain eligible to pursue their claims pursuant to Bill S-8. This is an exception that we endorse. However, we would recommend amending Bill S-8 to ensure that a finding inland or overseas that a person is a convention refugee or a person in need of protection results in immediate delisting. Otherwise, refugees' opportunities to apply for permanent residence and to integrate in this society will be jeopardized.