Evidence of meeting #17 for Subcommittee on International Human Rights in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was ncp.
A video is available from Parliament.
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
Our mandate is quite vast. The MNE guidelines that are published by the OECD cover a very broad range of topics. I listed some in my remarks, but there are others.
I would note that the guidelines are sector agnostic. They're not specific to any one sector. The CORE, on the other hand, is really focused on human rights abuses in a few sectors where we see greater risk.
We are working alongside the CORE to implement her important mandate, and we will continue to do so.
Conservative
Tracy Gray Conservative Kelowna—Lake Country, BC
At a previous meeting of this subcommittee, the Chamber of Commerce testified about the extraterritorial issues and the difficulty in compelling testimony from subcontractors abroad. In some jurisdictions it would be a difficult proposition.
Will the CORE be able to compel these subcontractors, or is it still the case that these might fall through the cracks?
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
The CORE is a voluntary mechanism. She will be working with Canadian companies. There is an expectation and a commitment from Canadian companies that they will work with her in good faith.
Conservative
Tracy Gray Conservative Kelowna—Lake Country, BC
I think you touched base on this a little bit in your opening statement. Compared to other countries, where does Canada stand when it comes to corporate social responsibility? Does Canada generally have stronger measures or requirements on human rights compared to our peers?
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
Generally speaking, Canadian companies are recognized the world over, and Canada is seen as being a good player. We are recognized at the OECD for the strength of our framework.
We do not solely have a promotion role related to the MNE guidelines. There are a number of other policy instruments and coherence measures we have undertaken that really speak to and underscore that commitment.
Conservative
Tracy Gray Conservative Kelowna—Lake Country, BC
While the CORE's goal is to look at human rights abuses after they happen, what can be done to prevent them before they happen?
I guess it goes back as well to my earlier question of looking at these subcontractors. It did sound like you were alluding to the fact that they would fall through the cracks. Can you maybe go into that in a little bit more detail with respect to being proactive?
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
What I would say is that the OECD recognizes that any company, not just a Canadian company, has leverage in a supply chain. Due diligence efforts should extend to suppliers and subsuppliers.
I hope that answers your question.
Liberal
The Chair Liberal Peter Fonseca
Thank you.
Ms. Gray, thanks for joining our committee today as a sub.
Now we're moving to Monsieur Alexis Brunelle-Duceppe again, for three minutes.
Bloc
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
Thank you, Mr. Chair.
Ms. Moran, am I wrong in saying that the NCP can only offer mediation and that, if the company doesn't want to participate, the NCP can't do anything else?
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
The Canadian government does have an expectation that Canadian companies will engage in good faith with the NCP. Where a company is not engaging in good faith, we can recommend the use of the trade measures. We can recommend the withdrawal of enhanced trade advocacy support, or we can recommend the....
Sorry.
Bloc
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
I understand that it isn't easy to work from the interpretation. I'm used to it, because I'm the only francophone on the committee.
Do you decide whether the company is acting in good or bad faith?
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
I'm sorry, I'm not sure what you're referring to.
Bloc
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
You talk about the possibility of the company acting in bad faith. Are you the one who judges whether the company is acting in bad faith or not?
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
The NCP would make that determination. I have used this myself. I have had conversations with general counsel and presidents of companies when I do not consider that the companies are engaging in good faith. I would say it is a very powerful discussion.
Bloc
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
Imagine that last week, we were told that a Canadian company refused to recognize a duly constituted union under Mexican regulations and even ignored the Mexican president who asked it to respect the law. Could the NCP mediate such a situation? If the mining company decides not to co-operate, what would happen? The company is asked to respect Mexican law. Therefore, they could appear to be acting in good faith.
Mr. Chair, I have a point of order. Three minutes isn't long. The interpretation has been causing long silences from the beginning, and it's not Ms. Moran's fault.
So I hope you'll stop the clock. There are 20-second lags each time, so I don't really have three minutes. I hope we're aware of that.
Liberal
Bloc
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
Mr. Chair, you just told me that I have 30 seconds left, but I think I have more like a minute left.
Ms. Moran, the floor is yours. I hope you remember my last question.
Director General, Trade Portfolio Strategy and Coordination, Department of Foreign Affairs, Trade and Development
Mr. Chair, if that issue were to be brought to the NCP, we would examine the facts. We would make an offer of mediating for good offices. We'd have to take into account all the factors, including the fact that there is an NCP in Mexico as well, so we would be looking to collaborate with our peers.
Liberal
The Chair Liberal Peter Fonseca
Thank you, Mr. Brunelle-Duceppe.
We went 30 seconds over what we provided—
Bloc
Alexis Brunelle-Duceppe Bloc Lac-Saint-Jean, QC
A point of order, Mr. Chair.
I'm going to calculate the length of my last intervention, and then I'll let you know. That's what I'll do. Thank you.
Liberal
The Chair Liberal Peter Fonseca
I did provide 30 seconds more time. Mr. Brunelle-Duceppe, I do have a timer on it.
We will now move to the NDP and Ms. McPherson.