Evidence of meeting #20 for Foreign Affairs and International Development in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was security.

A video is available from Parliament.

On the agenda

Members speaking

Before the committee

Anita Anand  Minister of Foreign Affairs
Brookfield  Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

The Chair Liberal Ahmed Hussen

We will go to MP Brunelle-Duceppe for six minutes, please.

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

Thank you, Mr. Chair. You know you’re my favourite chair, and I sit on three committees, so that's something.

I thank the witnesses for being with us.

I’m going to ask you a question to which I didn’t get an answer earlier. The answer might be clearer if it comes from you.

How will the amendments being discussed today strengthen Canada's ability to meet its international obligations with respect to human rights and humanitarian law?

4:50 p.m.

Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

Robert Brookfield

As I said earlier, when we receive a request for an export or import permit, we take into account issues related to international humanitarian law and other international principles to decide whether or not a permit will be issued.

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

On what criteria do you base your decision to block or issue an import or export permit?

4:50 p.m.

Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

Robert Brookfield

Some are found in the act. The act requires that the minister take into account the obligations arising from the Arms Trade Treaty. The others, of course, are matters of policy and international law.

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

Are you familiar with the American legislation on the importing into the United States of products made using forced labour?

4:50 p.m.

Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

Robert Brookfield

I’m not an expert in that field.

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

I ask the question because, currently under Canadian legislation, it’s up to the customs officer to demonstrate that the product entering the country is not made using forced labour, while American legislation shifts the burden of proof. That means that it’s up to the importer to demonstrate that the product was not made using forced labour. The U.S. legislation is therefore much more effective, as well as stronger and more robust.

In that case, instead of adopting these clauses, wouldn’t it be easier to copy the American legislation to ensure that certain products do not pass through Canada to be sent to the United States by various means? I understand that it’s more of a political choice than anything else.

4:50 p.m.

Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

Robert Brookfield

Canadian legislation contains many legislative tools to address problems and harmful effects abroad related to importing and exporting. The Export and Import Permits Act addresses one aspect of that.

However, as you probably know better than I do, there are others, such as the law that was recently passed, the Fighting Against Forced Labour and Child Labour in Supply Chains Act, and the Customs Tariff act, which are not under the jurisdiction of our unit.

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

I understand, but to date, no goods have been seized. I think only one boat was boarded in Canada, and it was allowed to leave. Conversely, in the United States, millions of tonnes of products are being turned away. In short, it's not a big deal.

Were consultations held with the affected sectors before these clauses were drafted?

4:55 p.m.

Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

Robert Brookfield

I would say that, at Global Affairs Canada, we always work closely with all sectors in Canada.

As I said earlier, with this tool, our unit isn’t targeting a specific sector or country, so we haven’t held consultations since we’re not at that stage yet.

We consult companies or other appropriate stakeholders before adding something to the list.

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

That’s legitimate. I understand that.

Will these new clauses address gaps that currently allow Canadian goods to go to problematic states around the world?

4:55 p.m.

Director General, Sanctions and Strategic Export Controls , Department of Foreign Affairs, Trade and Development

Robert Brookfield

I can’t answer that question, because it’s a bit too general.

It would be a tool to address problems, because if we put something on the list, there must be a list related to export and import.

Another unit I’m responsible for works with the sanctions legislation, which is not covered by these amendments. There was reference to the legislation in the United States, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the United Nations Act and the Special Economic Measures Act.

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

That’s a very good answer.

I thank the witnesses for their input.

Mr. Chair, I'm going to propose a motion for which I gave notice last week, so it is debatable today. I think the interpreters already have the sheets. The motion is as follows:

That, pursuant to Standing Order 108(1), the committee invite Mark Wiseman, Canada's new ambassador to the United States, to appear for two hours to testify about his mandate in the context of the Canada-U.S. relations.

The Chair Liberal Ahmed Hussen

We have a point of order with respect to this.

The Hon. Mona Fortier Liberal Mona Fortier

I understand that my colleague is proposing his motion. I think we knew he was going to do it.

I know we have a subcommittee meeting next week to discuss the various motions and the work we will be doing. I was wondering whether the subcommittee members wanted to discuss this further during the subcommittee meeting, so we can look at all the work we’re going to undertake.

The question is whether we want to wait until our subcommittee meeting next week to discuss the schedule and work plan or whether we want to do it today.

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

If I may, Mr. Chair, I would like the motion to be adopted. I don't think I’m the only one here who supports adopting it today.

The Chair Liberal Ahmed Hussen

We have another point of order.

4:55 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

I would like to present a friendly amendment to the motion, if it's okay.

The Hon. Mona Fortier Liberal Mona Fortier

What is your friendly amendment?

4:55 p.m.

Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

The amendment would read:

That pursuant to Standing Order 108(1) the committee invite Mike Wiseman, Canada's new ambassador to the United States, to appear for two hours to testify about his mandate in the context of the Canada-U.S. relations after taking office.

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

Mr. Chair, I accept the friendly amendment.

The Hon. Mona Fortier Liberal Mona Fortier

Can you say it one more time?

Rob Oliphant Liberal Don Valley West, ON

I have a point of order.

I think there is no such thing in our Standing Orders as a friendly amendment. We would have to vote on the amendment as such. It would be up to the prerogative of the committee to do that.

The Chair Liberal Ahmed Hussen

Sure. My understanding from the clerk is that we take a vote on the amendment first and then on the motion.