Madam Speaker, today we are discussing Bill C-353. This is a vitally important measure for protecting the rights of our fellow citizens, but the text of the bill raises some crucial questions and legitimate concerns.
When the member for Thornhill introduced her bill, she said it would “strengthen Canada's ability to deter, minimize and resolve instances of hostage-taking by increasing governmental power to levy sanctions, by establishing a family liaison office and by providing incentives for foreign co-operation.”
The bill states that its purpose is “to enable the Government of Canada to take restrictive measures against foreign nationals, foreign states or foreign entities that engage in hostage taking or arbitrary detention [of Canadians]”, “to ensure that families of such hostages and detained individuals receive timely information and assistance”, and “to encourage individuals to cooperate with the Government of Canada to secure the release of such hostages and detained individuals.”
The minister responsible for enforcing this bill would be the Minister of Foreign Affairs.
In keeping with its commitment to defending the rights of all human beings, the Bloc Québécois recognizes this bill's laudable intent. It seeks to fight against arbitrary detention, protect citizens who have been taken hostage and provide vital support to the families involved. However, it is important to recognize the substantial flaws in the bill as it now stands.
The very essence of the bill deserves to be commended. It seeks to take restrictive measures against acts of arbitrary detention or hostage takings committed by foreign entities. This bill also highlights the critical need to help the families of hostages and encourage co-operation for their release.
The bill seeks to take restrictive measures against foreign nationals, foreign states and foreign entities that engage in hostage taking or arbitrarily detain Canadians, Quebeckers or eligible protected persons. The Department of Foreign Affairs will also have to provide assistance to the families of such hostages and set up programs to encourage co-operation for the release of these Canadians and Quebeckers. The bill will make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act.
That being said, the bill creates grey areas and raises concerns that need to be addressed. The Conservatives claim that it will protect Canadians and Quebeckers detained abroad based on unfounded accusations, but they should realize that the bill would not have stopped the recent detentions that had the whole world holding its breath. The bill implicitly refers to the two Michaels and the Meng Wanzhou saga, but it would never have prevented their detention.
The bill also gives the government the power to pay money to individuals who provide information on or help hostages. This could have the opposite effect because kidnappers could figure out a way to indirectly receive payment from the federal government, even if the government does not pay the ransom. In other words, ironically, this could create an incentive to take hostages. The bill has some major flaws, including the possibility that Canadians and Quebeckers could be forbidden from providing goods or services to foreign states. That could expose ordinary citizens to severe and unfair consequences, like significant prison sentences of up to five years.
Moreover, the discretionary power granted to the government without an appropriate judicial review mechanism raises legitimate concerns about the potential for abuse. The bill is overly broad in scope and lacks appropriate judicial review mechanisms. It gives broad powers to the minister without any real judicial checks and balances. It is essential to recognize the importance of this issue while also considering the potential implications of this bill.
A thorough committee review is imperative to address glaring gaps and ambiguities that could lead to unintended consequences. That is why we will be voting for the bill at this stage.
We have a responsibility to protect the rights of our constituents while avoiding the legal and diplomatic pitfalls that could result from this legislation. We must work together to strike a balance between protecting Canadians and Quebeckers and maintaining international relations.
The Bloc Québécois will continue to support the fundamental principle underlying this bill, while urging the House to make substantial changes to guarantee its enforceability and its consistency with the democratic values that we defend.
Bill C‑353 will have to be studied in committee and amended; otherwise, the Bloc Québécois will probably not support the bill at third reading, if it gets that far. That being said, again, we support it at this stage.
In closing, we must join our efforts to draft a bill that will preserve the rights of our fellow citizens without compromising our international relations. To ensure we get this bill right, we must carefully study it in committee and make crucial adjustments so as to strike this delicate balance between protection and co-operation.