Debates of May 9th, 2019

The Environment

[Sean Fraser, Liberal, Central Nova, NS]

Madam Speaker, in the short time I have to respond, I want to reiterate our support for the preservation of our natural environment to ensure that important properties are protected for future generations.

As I mentioned earlier, and this is an important point, under the Canada Marine Act, as a matter of law, the Windsor Port Authority has been given the legal and administrative autonomy to determine its own course of action, while taking into consideration the priorities of the local community, including the environmental stewardship of the Port of Windsor.

We respect the autonomy of the Windsor Port Authority in this regard, which has been granted previously by Parliament. We therefore encourage the parties to continue their discussions in good faith in order to reach this important outcome that could potentially protect the area for future generations.

Foreign Affairs

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, earlier this week, I asked the government a question about whether it would list the Iranian IRGC as a terrorist entity under the Criminal Code. On June 12 of last year, the government supported my motion to immediately list the IRGC as a terrorist entity. Up until now, the Liberals have totally failed to act. When asked about this in question period, the Liberals mired the discussion in process and failed to answer the direct question.

Therefore, I want to ask the question again. Is it the intention of the Liberals to list the IRGC as a terrorist entity? I understand they say the process is ongoing, but they had no problem voting for a motion to do it immediately. It has been almost a year. Have they changed their position or not? We would like to know.

Today, Professor Irwin Cotler, a former Liberal MP and minister, and also other representatives from the Raoul Wallenberg Centre for Human Rights were on the Hill, as well as people who had been victims of the Iranian regime. All of the victims who were brought to the Hill were very supportive. As one of them put it, “Sanction all the oppressors”. They were supportive of sanctioning those who were involved in committing atrocities against the Iranian people. These sanctions would target the IRGC and human rights abusers.

If it is just a matter of process for the government, then I wonder why it has not used Magnitsky sanctions. The Liberals have been very reluctant to bring any kind of sanctions against Iran. Commendably, they have brought Magnitsky sanctions against human rights abusers in other cases, but they have not done so against Iran. It is very striking. If there are sanctions imposed against other human rights abusers but no action on Iran, either Magnitsky sanctions or the sanction of the IRGC, it starts to paint a disturbing picture. It starts to make us wonder if it is not just a matter of process or a matter of policy. Therefore, again, when will the Liberals list the IRGC? Is it still their intention to list the IRGC?

Irwin Cotler and the Raoul Wallenberg group gave us a list at our meeting of 19 oppressors whom they would like to see listed under Magnitsky sanctions. I would submit to the government as well that its failure to sanction any oppressors in Iran is telling and the government should move forward on both of these fronts.

The names on the centre's suggested list of people to sanction under the Magnitsky act are Mahmoud Alavi, minister of intelligence; Hossein Ashtari, chief of the law enforcement force; Seyyed Alireza Avaei, minister of justice; Abbas Jafari Dolatabadi; Abdolreza Rahmani Fazli, minister of the interior; Hassan Firouzabadi, senior military adviser to the supreme leader; Gholamhossein Gheibparvar; Mansour Gholami; Asghar Jahangir; Mohammad Javad Azari Jahromi; Sadegh Amoli Larijani, the chief justice of Iran; Asghar Mir-Hejazi; Mohammad Moghiseh; Gholam-Hossein Mohseni-Ejei; Mostafa Pourmohammadi; Ebrahim Raisi; Abolghassem Salavati; Abbas Salehi; and Sohrab Soleimani. I apologize for the mispronunciation of their names, although they are probably more bothered by the fact that I am proposing that they be sanctioned than they are by the mispronunciation.

Again, I call on the government to clarify its Iran policy. Does the government intend to list the IRGC, as it voted to on June 12, yes or no? Why has it not proceeded with any sanctions against oppressors, be it IRGC, or sanctions under the Magnitsky act?

[Sean Fraser, Liberal, Parliamentary Secretary to the Minister of Environment and Climate Change]

Madam Speaker, the government is committed to ensuring that Canada takes all appropriate actions to counter terrorist threats to our country, our people, our way of life and our interests around the world.

I can assure the hon. member that officials have been working diligently to assess the possibility of listing Iran's Islamic Revolutionary Guard Corps under the Criminal Code. Assessing an entity for listing is an iterative process that requires a thorough review.

Under the Criminal Code, an entity must meet the legal threshold of reasonable grounds to believe they have knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity or is knowingly acting on behalf of, at the direction of, or in association with a listed entity. This is determined by preparing a criminal or security intelligence report, which documents the entity's activities. The report is reviewed by independent counsel at the Department of Justice to ensure that the entity meets the legal threshold for listing. If the Minister of Public Safety agrees that this legal test is met, he may recommend to cabinet that the entity be listed.

When an entity is placed on the list, banks and financial institutions freeze its assets, and Canadians are not allowed to knowingly deal with such assets. Once listed, an entity falls within the definition of a terrorist group in the Criminal Code. This can render certain terrorism-related offences applicable and can help to support possible criminal investigations and prosecutions of those offences. This includes offences related to terrorist financing, recruitment and training and leaving Canada to knowingly participate in a terrorist activity.

Listing an entity under the Criminal Code is one of the many tools Canada uses to combat terrorist financing, operations and support for terrorist activities.

There are restrictive measures already imposed against entities and individuals within the IRGC and against Iran that have an effect similar to a listing. These include the listing of the IRGC's special forces as a terrorist entity under the Criminal Code. These forces are the branch of the IRGC responsible for extraterritorial operations and are Iran's primary mechanism for cultivating and supporting terrorist groups and operations abroad. They provide arms, funding and paramilitary training to other listed groups, including the Taliban, the Lebanese Hezbollah, Hamas, the Palestinian Islamic Jihad and the Popular Front for the Liberation of Palestine-General Command, all of which are also listed under the Criminal Code.

Other existing measures against the IRGC include the sanctions imposed under the Special Economic Measures Act. Individuals and entities listed under this legislation are subject to an asset freeze and a dealing prohibition. In addition, the regulations explicitly target IRGC organizations, such as the IRGC Air Force, Missile Command and Navy and several members of its senior leadership.

Furthermore, Canada has listed Iran as a state supporter of terrorism under the State Immunity Act. This listing allows victims of terrorism a means to seek financial compensation from Iran.

Members can be assured that Canada is looking at all possible options to constrain the activities of Iran that threaten national security, and we continue to consider whether and to what extent a listing is the appropriate mechanism.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, with all due respect to my friend, I know he is the Parliamentary Secretary to the Minister of Environment and Climate Change, and I would think that he has a lot on his plate in terms of those files. It would have been nice if the government showed the importance with which it treats this issue by having someone involved in foreign affairs or public safety respond to my questions.

It should be well known to those who work on these files that the IRGC has engaged in all these activities. Another review of the process for listing, when the government said a year ago that it would immediately list the IRGC, is just not up to what Canadians expect.

It looks like the government is trying to hide behind long process explanations. Why can it not just answer the question? If the Liberals voted to do it a year ago, why can they not get it done?

Why have they also failed to sanction people under the Magnitsky Act? They have not used the Magnitsky Act, they have not sanctioned the IRGC, and the sanctions the member talked about were all sanctions put in place by the previous government. Congratulations, the Liberals have not removed any of the sanctions the Conservatives put in place—

[The Assistant Deputy Speaker, NDP, Carol Hughes]

Unfortunately, the time is up. I will have to allow the hon. parliamentary secretary to respond.

[Sean Fraser, Liberal, Central Nova, NS]

Madam Speaker, with respect to the opening comment, I would like to point out to the hon. member that I am capable of answering the question. I have an academic background in public international law and I understand the issues at play and the government does take them seriously.

Listing an individual or a group as a terrorist entity is a public means of identifying their involvement with terrorism and curtailing their support, but listing is just one component of the international and domestic response to terrorism.

With that in mind, I want to reiterate that Canada has already taken action against Iran and the IRGC specifically, such as listing their special forces responsible for extraterritorial activities. These actions are broadly consistent with our international partners, who have designated components of the IRGC under their own sanctions regimes.

I also want to restate that the assessment process for possible listings is ongoing even as I speak. Before action is taken, the listing process does require the necessary due diligence.

I want to assure the hon. member that we are taking all steps to ensure that Canadians are kept safe and that we are not put under unnecessary threat from terrorist activities abroad.

[The Assistant Deputy Speaker, NDP, Carol Hughes]

As the hon. member for Drummond is not present to raise the question for which adjournment notice has been given, the notice is deemed withdrawn.

The motion to adjourn the House is now deemed to have been adopted. Accordingly, this House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 5:51 p.m.)