Debates of Dec. 2nd, 2013

Question No. 3

[Irwin Cotler, Liberal, Mount Royal, QC]

With regard to the State Immunity Act (SIA): (a) what is the process by which the Governor in Council sets out the names of foreign states that are believed to support or to have supported terrorism on the list established pursuant to the SIA; (b) what is the Minister of Foreign Affairs’ role in this process; (c) what is the Minister of Public Safety and Emergency Preparedness’ role in this process; (d) do the Ministers engage in regular consultations for the purpose of reviewing and updating the list, (i) how frequently do the Ministers engage in such consultations, (ii) how do the Ministers determine when to consult in this regard, (iii) how do the Ministers determine what states to consider when engaging in such consultations, (iv) on whose initiative are such consultations undertaken, (v) what guidelines control the consultation process, (vi) are consultations conducted privately, (vii) are the minutes of these consultations recorded and, if so, where can they be accessed, (viii) what information is available regarding the substance of these consultations; (e) what foreign states are currently being considered for listing pursuant to the SIA, (i) are the Ministers currently involved in any consultations in this regard, (ii) at what stage do these consultations currently stand, (iii) are there any plans for upcoming consultations in this regard; (f) what steps are being taken to determine whether reasonable grounds exist to believe that any other states not currently listed have been or are engaged in the support of terrorism; (g) what has been the impact thus far of listing states, (i) broken down by state, how many lawsuits of which the government is aware were initiated against these states prior to the listing, (ii) broken down by state, how many lawsuits of which the government is aware are currently pending against listed states, (iii) how much has the government thus far spent in cases in (ii), (iv) who is responsible for defending cases in (ii), (v) what budget exists for defending cases in (ii); (h) on what evidence does the Minister of Foreign Affairs rely in making the determination that reasonable grounds exist to believe that a state is or has been engaged in the support of terrorism, (i) does a determination by the Ministers that a foreign state is or has been engaged in the support of terrorism automatically result in a recommendation by the Minister of Foreign Affairs to list that state pursuant to the SIA, (ii) is it necessary that both Ministers agree in the determination that reasonable grounds exist in order for the Minister of Foreign Affairs to recommend the listing of the state pursuant to the SIA, (iii) what evidentiary rules control the type of evidence that may be considered in making this determination, (iv) can and does the Minister rely on classified information in making this determination, (v) may individuals and groups make submissions in this regard, (vi) how may such submissions be made, (vii) what publically available sources are consulted in the consultation process, (viii) which individuals are involved in the consultation process; (i) does the listing of a state result in that state being subject to the jurisdiction of a Canadian court in an action brought pursuant to the Justice for Victims of Terrorism Act (JVTA) in all instances; (j) in what instances may a listed state enjoy immunity from the jurisdiction of a Canadian court in an action brought pursuant to the JVTA; (k) what types of immunity are covered by the SIA, (i) what types of immunity are not covered by the SIA, (ii) can a state that is listed still claim any type of immunity from the jurisdiction of a Canadian court, (iii) what claims in (ii) will the government defend on behalf of a state, (iv) how, by whom, and applying what standards is the determination in (iii) made; (l) with regard to the listed state of Iran, (i) is it the policy of the government that all Iranian-owned property located in Canada is immune from attachment, (ii) what specific Iranian-owned properties located in Canada are immune from attachment, (iii) on what basis are such properties immune from attachment, (iv) by whom, and applying what standard is the determination in (iii) made; (m) with regard to listed and non-listed states, on what basis does the government support diplomatic immunity for states in civil actions, and how is the determination on (l) made, by whom, and with reference to what authorities; (n) with regard to listed states, on what basis do these states benefit from diplomatic immunity, (i) who makes the determination on the part of the government to invoke such immunity, (ii) in what instances, if any, have states requested that such immunity be invoked, (iii) does the government’s obligation to protect diplomatic or consular properties include the obligation to defend a listed state in court, (iv) is it the government’s policy that it is obligated to defend a listed state in court, (v) if so, to what extent and how is this determination made, (vi) in what cases has the government made this argument, (vii) in what cases is the government making this argument, (viii) how much has the government spent so far on cases in (vii); (o) with respect to the listing of Iran, was the decision in part based on evidence that the former Iranian embassy in Ottawa has been used to support terrorism, (i) if so, how was the government aware that the embassy was being used for such purposes and on what dates, (ii) does the use of the property that is located in Canada of a foreign state in support of terrorism exempt that property from the immunity provided by the SIA, (iii) does the use of the property that is located in Canada of a foreign state in support of terrorism exempt that property from all immunity, (iv) what type of immunity can still be claimed by a listed foreign state to protect property that is located in Canada that has been or is being used in support of terrorism, (v) does diplomatic immunity protect embassy property even where the relevant embassy was used or is being used in violation of international law or in support of terrorism; (p) with respect to the listed state of Iran, how much money has been spent defending it in court, (i) what are the anticipated costs of defending the Islamic Republic of Iran in court, (ii) is there a government policy or directive indicating the acceptable costs to be expended in defending the Islamic Republic of Iran in court, (iii) from where does the government obtain the funds necessary to defend the Islamic Republic of Iran in court, (iv) what is the maximum amount of money that the government will spend in defense of the Islamic Republic of Iran in court; (q) with respect to the listed state of Iran, can the property located in Ottawa at which the former embassy of Iran was located be attached in a civil action by victims of Iranian-sanctioned terrorism to enforce a judgment against the Islamic Republic of Iran, (i) what are the government’s obligations toward the Islamic Republic of Iran in this regard, (ii) does the government know this property to be currently owned by the Islamic Republic of Iran, (iii) does the government know this property to have at any time been owned by the Islamic Republic of Iran, (iv) is it necessary that the property be currently owned by the Islamic Republic of Iran for it to receive immunity from the jurisdiction of a Canadian court; (r) can the property located in Ottawa at which the former residence of the Ambassador of Iran to Canada is located be attached in a civil action by victims of Iranian-sanctioned terrorism to enforce a judgment against the Islamic Republic of Iran, (i) what are the government’s obligations towards the Islamic Republic of Iran in this regard, (ii) does the government know this property to be currently owned by the Islamic Republic of Iran, (iii) does the government know this property to have at any time been owned by the Islamic Republic of Iran, (iv) is it necessary that the property be currently owned by the Islamic Republic of Iran for it to receive immunity from the jurisdiction of a Canadian court; (s) can the property located in Toronto at which the former Iranian cultural center is located be attached in an action by victims of Iranian-sanctioned terrorism to enforce a judgment against the Islamic Republic of Iran, (i) what are the government’s obligations towards the Islamic Republic of Iran in this regard, (ii) does the government know this property to be currently owned by the Islamic Republic of Iran, (iii) does the government know this property to have at any time been owned by the Islamic Republic of Iran, (iv) is it necessary that the property be currently owned by the Islamic Republic of Iran for it to receive immunity from the jurisdiction of a Canadian court; (t) by whom, how often, and by what criteria will the SIA’s effectiveness be evaluated and who is responsible for this review; (u) by what means were listed states informed of their listing, (i) on what dates, (ii) by whom, (iii) is there a policy with regard to informing states of their having been listed, (iv) if so, what is it; (v) what education, outreach, and awareness efforts have been made to inform Canadians of the listing of states and their corresponding obligations, (i) what education, outreach, and awareness efforts have been made to inform Canadian companies of the listing of states and their corresponding obligations, (ii) what education, outreach, and awareness efforts will be made to inform Canadians of the listing of states and their corresponding obligations, (iii) what education, outreach, and awareness efforts will be made to inform Canadian companies of the listing of states and their corresponding obligations; and (w) what education, outreach, and awareness efforts were made with respect to changes to state immunity occasioned by the coming into force of the JVTA, (i) in particular, how were judges informed of the changes, (ii) how were states informed of the possibility of a listing pursuant to the JVTA, (iii) were efforts made to reach out to potential claimants affected by changes to the SIA, (iv) if so, what were these efforts, how were they undertaken, by whom, and on what dates?

(Return tabled)

Question No. 4

[Irwin Cotler, Liberal, Mount Royal, QC]

With regard to international treaties and conventions dealing in whole or in part with human rights and with Canada’s international obligations in this regard: (a) does the government have any formal or informal procedures for regular review of those international human rights treaties that Canada has not yet signed, ratified, or otherwise accepted; (b) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking conflicts with the Constitution Act, 1867, and if so where can these guidelines be accessed; (c) do the guidelines referred to in (b) specify the standard according to which the government determines if any obligation contained in a treaty or other international undertaking violates any section of the Constitution Act, 1867; (d) has the government engaged in any review of its obligations under the Convention on the Elimination of Racial Discrimination (CERD); (e) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking require implementing legislation in order for Canada to be able to ratify or otherwise accept it, and if so where can these guidelines be accessed; (f) does the government have a position as to whether international agreements that establish a complaints mechanism or communications procedure for enforcement of the rights and obligations contained therein are necessarily unconstitutional; (g) does the government have a policy as to whether Canada will accept such agreements referred to in (f); (h) does the government undergo review of proposed international human rights agreements that would establish such a mechanism or procedure referred to in (f) on a case by case basis, (i) who is involved in this review, (ii) are the provinces and other interested stakeholders consulted in this regard; (i) has the government engaged in any discussions or consultations regarding Canada’s failure to make the relevant declaration under Article 14 of CERD, which would indicate Canada’s acceptance of the Committee on the Elimination of Racial Discrimination’s competence to receive individual complaints, (i) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to make the declaration referred to in subsection (i), (ii) does Canada’s failure to make the necessary declaration referred to in (a) cause it to be derelict with regard to its treaty obligations, pursuant to either CERD or any other international treaty or tenet of customary international law, (iii) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under CERD, (iv) has the government received any complaints or communications from any individuals, organizations, or State Parties to CERD regarding its obligations under the CERD, (v) has the government taken any action in response to such complaints referred to in (iv), (vi) does the government have a position as to whether Article 14 of CERD violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (vii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept Article 14 of CERD; (j) has the government engaged in any review of its obligations under the International Covenant on Economic, Social, and Cultural Rights (ICESCR), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the International Covenant on Economic, Social, and Cultural Rights (Optional Protocol), which establishes a communications procedure for individuals to file a complaint before the ICESCR Committee alleging a violation of the rights or obligations contained in the treaty, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either ICESCR or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under ICESCR, (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to ICESCR regarding its obligations under ICESCR, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Optional Protocol referred to in (i); (k) has the government engaged in any review of its obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the Convention Against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol), which establishes a system of unannounced visits by international and national monitoring bodies to places where persons are being deprived of their liberty, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either CAT or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to CAT regarding its obligations under CAT, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Optional Protocol referred to in (i), (ix) has the government received any requests either from a State Party to CAT or from any international or national monitoring group or other organization to visit a specific location in order to confirm allegations that Canada is derelict with regard to its obligations under CAT or where an individual is alleged to be deprived by Canada of their liberties, and if so how has the government responded, (l) has the government engaged in any review of its obligations under the Amendment to Article 43(2) of the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and the Optional Protocol to the Convention to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Third Optional Protocol), which establishes a complaints procedure by which individuals can allege a State Party’s violation of its obligations set out in the conventions or optional protocols referred to in (i), (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Third Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Third Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either ICESCR or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to any of the international agreements referred to in (i) regarding its obligations under any of those agreements, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Third Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Third Optional Protocol referred to in (i); (m) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (ICPRMW), (i) does Canada’s failure to sign the ICPRMW referred to in (e) cause it to be derelict with regard to its obligations pursuant to any international treaty or tenet of customary international law, (ii) is there any process, formal or otherwise, by which an individual can issue a complaint pertaining to Canada’s obligations towards migrant workers and temporary foreign workers under international law, (iii) is it the position of the government that temporary foreign workers in Canada who believe there rights pursuant to either domestic or international law have been violated should be allowed to remain in Canada pending the outcome of judicial proceedings in this regard, (iv) is there any formal policy in place by which temporary foreign workers in Canada can ensure that they are not deported pending the outcome of judicial proceedings relating to an alleged violation of their rights under international law, (v) does Canada have an obligation under international law to ensure that temporary foreign workers have access to Canadian courts to adjudicate violations of their rights under domestic or international law, (vi) is there any legal or constitutional barrier to Canada becoming a State Party to the ICPRMW referred to in (e); and (n) has the government engaged in any review of its obligations under the Convention on the Rights of Persons with Disabilities (CRPD), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the CRPD, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Third Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either CRPD or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to the international agreement referred to in (n) regarding its obligations under any of those agreements, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations – either with the provinces or with any other relevant stakeholders--regarding Canada’s failure to sign and accept the Third Optional Protocol referred to in (i)?

(Return tabled)

Question No. 7

[Yvon Godin, NDP, Acadie—Bathurst, NB]

With regard to the Government-wide Chart of Accounts: (a) how does the Receiver General for Canada fulfill his official languages obligations; (b) how does the Treasury Board Secretariat fulfill its official languages obligations; (c) what positive measures have been taken as regards official languages; (d) are official languages integrated into the Chart and if so, how, or if not, why not; (e) how does the Chart allow for data on financial transactions to be identified, collected and reported in such a way as to fulfill the government’s official languages obligations; and (f) what are the program codes regarding official languages, and for which institutions are they used?

(Return tabled)

Question No. 8

[Yvon Godin, NDP, Acadie—Bathurst, NB]

With regard to the Roadmap for Canada’s Official Languages 2013–2018: (a) has the Treasury Board of Canada Secretariat issued a directive or other instruction to all federal institutions participating in the implementation of the Roadmap to ensure that they consult the official language minority communities when establishing objectives, parameters, targets and performance indicators for their programs under the Roadmap; (b) how will Canadian Heritage ensure that the institutions participating in the implementation of the Roadmap effectively consult the official language minority communities in a timely manner to determine the program objectives, parameters, targets and performance indicators that must be identified before presenting an overview memorandum to Treasury Board; (c) among the federal institutions participating in the implementation of the Roadmap, are there any that have already consulted the communities with regard to program objectives, parameters, targets and performance indicators and, if so, which community groups and organizations were consulted; and (d) what deadline was given to the federal institutions for consulting the communities and for presenting their memorandum to Heritage Canada?

(Return tabled)

Question No. 13

[Sean Casey, Liberal, Charlottetown, PE]

With regard to the Department of Veterans Affairs, what are the contents of all news releases, media advisories or any form of communication, national, regional or “proactive local outreach” in scope, issued by the Department between November 6 and November 15, 2012?

(Return tabled)

Question No. 14

[Geoff Regan, Liberal, Halifax West, NS]

With regard to the Canadian Radio-Television Telecommunications Commission (CRTC): (a) what is the position of the government on the matter of overturning decisions of the CRTC; (b) what criteria or policies are used by the Cabinet to overturn decisions of the CRTC; (c) how many times since 2006 has the Cabinet overturned decisions of the CRTC and what were those decisions; and (d) who are the current members of the CRTC and what are each member’s date of appointment or reappointment?

(Return tabled)

Question No. 18

[Thomas Mulcair, NDP, Outremont, QC]

With regard to government spending in the constituency of Outremont, what was the total amount of government funding since fiscal year 2005-2006 up to and including the current fiscal year, broken down by (i) the date the money was received in the riding, (ii) the dollar amount of the expenditure, (iii) the program from which the funding came, (iv) the ministry responsible, (v) the designated recipient?

(Return tabled)

Question No. 27

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

What is the total amount of government funding, allocated within the constituency of Saint-Léonard—Saint-Michel in the fiscal year 2009-2010, listing each department or agency, initiative and amount?

(Return tabled)

Question No. 28

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

What is the total amount of government funding, allocated within the constituency of Saint-Léonard—Saint-Michel in the fiscal year 2010-2011, listing each department or agency, initiative and amount?

(Return tabled)

Question No. 32

[Peter Julian, NDP, Burnaby—New Westminster, BC]

With regard to all ministerial visits to British Columbia, from September 1, 2013 to October 16, 2013, that involved discussions or announcements related to energy: (a) what was the total cost of these visits; (b) what were the costs of these visits, broken down by (i) minister, (ii) event, (iii) travel cost per person, (iv) travel cost per event, (v) advertising or promotional cost per event; (c) what is the list of events; and (d) who travelled for these events?

(Return tabled)

Question No. 33

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

With regard to ministerial business, including that of the Prime Minister, since May 2, 2011: (a) how many invitations to speak at, appear at, or attend a function has each minister or the Prime Minister, or their ministerial or departmental staff, accepted or initiated; (b) how many requests to speak at, appear at, or attend a function has each minister or the Prime Minister, or their ministerial or departmental staff, made; (c) what were the details of each such invitation or request, including the date, location, and nature of the function; (d) what were the costs of transportation, accommodation, meals, and security related to the travel of the minister or Prime Minister to and from each such function; (e) what were the costs of transportation, accommodation, and meals incurred by the minister's or Prime Minister's exempt staff members in relation to each such function; and (f) what are the file numbers of any files generated in respect of each such function?

(Return tabled)

Question No. 34

[Glenn Thibeault, NDP, Sudbury, ON]

With regard to Industry Canada's “More Choices” campaign, relating to the government’s auction of the 700Mhz spectrum, what was the total spending by the government (a) on print advertising to promote this campaign; (b) on television advertising to promote this campaign; (c) on radio advertising to promote this campaign; (d) on online or web advertising to promote this campaign; and (e) to design the www.canada.ca/morechoices website?

(Return tabled)

Question No. 38

[Judy Foote, Liberal, Random—Burin—St. George's, NL]

With regard to changes in employment insurance (EI), in each province and economic region, broken down by age (18-24, 25-54, 55 and over), and for the time period between January and June, broken down by month and totaled for each year since 2004: (a) how many unemployed Canadians (i) applied for EI, (ii) received EI, (iii) how many applicants were rejected; (b) what was the cost to process these applications; (c) what were the total costs of these benefits; (d) how many in receipt of EI benefits in 2013 have previously received EI (i) one time, (ii) two times, (iii) three times or more; (e) how many claimants with three or more claims totaling more than sixty weeks in the past five years have had to accept a job that paid thirty percent less than their last job; (f) how many claimants worked while on EI; (g) how many total applicants have dependents, and how many of these applicants were rejected; (h) of the three new classes created, how many applicants fall under (i) long tenured workers, (ii) frequent claimants, (iii) occasional claimants; and (i) how many applicants live (i) in rural areas, (ii) in urban areas?