Evidence of meeting #20 for International Trade in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was clause.
A recording is available from Parliament.
8:55 p.m.
Conservative
The Acting Chair Conservative Larry Miller
It states that Bill C-2 in clause 7 be amended by replacing line 18 on page 3 with:
(h) promote sustainable development including sustainable human development.
8:55 p.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
Sorry, Mr. Chair. I was asking our guests to explain the purpose of clause 7. After that we'll move to the amendments.
June 1st, 2010 / 8:55 p.m.
NDP
8:55 p.m.
Director General, Trade Law Bureau, Department of Foreign Affairs and International Trade
The purpose of the clause is to describe the purpose of the bill. As stated in the clause-by-clause guide, it is an expression of why the Government of Canada is introducing the bill. It is to implement the Canada-Colombia free trade agreement and the related agreements. It could also serve as an aid to interpreting this legislation after it is passed, if it is passed.
8:55 p.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
If no other members of the committee have questions....
8:55 p.m.
Bloc
Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC
Without wanting to repeat myself, clause 7 says: “The purpose of this Act is to implement the Agreement and the related agreements, the objectives of which, as elaborated more specifically through their provisions, are to [...]”
What follows is a series of paragraphs where it talks about establishing a free trade area; expanding reciprocal trade; promoting economic activity; providing fair conditions of competition; substantially increasing investment opportunities—that refers to a related agreement—; contributing to the removal of barriers to trade; enhancing and enforcing environmental laws and regulations—that, too, refers to another related agreement—; protecting, enhancing and enforcing basic workers' rights; strengthening cooperation on labour matters and promoting sustainable development.
At no time is mention made of another related agreement that may have been negotiated, that is not part of this agreement and which is not mentioned in the legislation. Once again, a specific clause in this bill clearly shows that it was not properly drafted because another related agreement is being negotiated at the same time, and in defining the purposes—including what the related agreements mean—there is no mention of the new agreement that has been negotiated.
In my opinion, that is rather odd. Once again, that was the point I was trying to make, and I am still wondering why no provision was made for inclusion of other items relating to human rights.
8:55 p.m.
Conservative
The Acting Chair Conservative Larry Miller
Mr. Laforest, it's in clause 43. It was pointed out a couple of times. You may have stepped out when we were talking about that.
8:55 p.m.
Bloc
Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC
That is not at all what this means.
What I am trying to say is that clause 7 refers to related agreements—the ones discussed in clause 2. And the fact is that another related agreement was negotiated and signed on May 27—in other words, very recently. There is a whole series of paragraphs in clause 7. Clause 43 does not deal with this.
8:55 p.m.
Conservative
The Acting Chair Conservative Larry Miller
Mr. Laforest, the one you're referring to from May 27 will be dealt with in an amendment--no, I'm sorry, not in clause 43--that is coming forth later that Mr. Brison referred to. Maybe Mr. Brison can help me out here. He's back to the agreement.
Is that correct, Mr. Brison?
9 p.m.
Liberal
Scott Brison Liberal Kings—Hants, NS
Yes, there will be an amendment tonight. In fact, it's already been submitted.
9 p.m.
Conservative
9 p.m.
Bloc
Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC
Yes, I have a copy. We haven't discussed it yet. But the bill was drafted…
9 p.m.
Bloc
Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC
They certainly did not draft this bill with the expectation that Mr. Brison would be bringing forward such an amendment. It seems like a bit of a sham to have a clause in the bill that refers to related agreements, but not to the one that was signed afterwards and which Mr. Brison will be referring to in his amendment. I am simply wondering why--
9 p.m.
Conservative
9 p.m.
Bloc
Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC
-- why no provision was made for this in the bill. It seems to me that would have reflected a certain consistency with the testimony we received here regarding the importance of protecting human rights in Colombia. That is the question I am asking.
9 p.m.
Conservative
9 p.m.
Liberal
Scott Brison Liberal Kings—Hants, NS
I'll draw to the attention of my colleague the human rights treaty signed on May 27 by both Colombia and Canada in Bogota at 11 a.m. Bogota time. And that's a binding agreement on both Canada and Colombia. The amendment, which my colleague has a copy of, refers to that agreement. But it's a binding treaty with the same powers of a trade agreement or any other agreement between two sovereign countries.
9 p.m.
Conservative
The Acting Chair Conservative Larry Miller
Mr. Julian, you indicated you were ready to move on to your amendment.
9 p.m.
NDP
Peter Julian NDP Burnaby—New Westminster, BC
Yes, I am, Mr. Chair. Thank you very much.
The first is, of course, amendment NDP-01, and it would amend paragraph (h), from “promote sustainable development” to add the words, “including sustainable human development”, Mr. Chair. And I'll speak to that.
From the partially aborted hearings we had, which excluded a number of the organizations that wanted to come before this committee, it was very clear that neither the agreement as is nor any of the so-called amendments to it really dealt in a fundamental way with the issue of human rights. People from a wide spectrum of backgrounds--from human rights organizations, from labour organizations--are concerned that this agreement does not in any way respect the broad concerns that are out there in Canadian society about the human rights situation in Colombia.
The fact that we have the secret police of the government, the paramilitary, and military forces systematically killing with impunity--those are the words used by these human rights activists--shows that issues such as this need to be dealt with.
So the issue of promoting sustainable development goes beyond that to sustainable human development, which allows the appropriate definition of human development as being quality of life. It allows the people of Colombia to live in a state where their human rights will be fundamentally respected. Having the Colombian government report on itself is not any vehicle to have the actual issue--
9 p.m.
A voice
That's not correct, Mr. Chair.