moved that Bill C-228, An Act to amend the Department of Foreign Affairs, Trade and Development Act (prior review of treaties by Parliament), be read the second time and referred to a committee.
Mr. Speaker, it is my pleasure today to rise to speak to my bill, C-228. I will read the summary of the bill:
This enactment amends the Department of Foreign Affairs, Trade and Development Act to add certain requirements for the tabling in Parliament of documents relating to treaties entered into by the Minister of Foreign Affairs on behalf of Canada.
More specifically, Bill C‑228 provides for the following: systematic tabling of treaties in the House of Commons; a requirement to wait 21 days after tabling before ratifying treaties in order to give the House an opportunity to consider them; and publication of treaties in the Canada Gazette and on the website of the Minister of Foreign Affairs.
I will define what we mean by “major treaty” later on, but the bill proposes a requirement to obtain the advice of the House before ratifying major treaties and a requirement to consult civil society through a parliamentary committee before Parliament votes on major treaties, which I will come back to later.
Canada is currently bound by 4,400 international treaties. These are treaties in the broad sense and include agreements, protocols, conventions and amendments to existing treaties. These are all examples of different kinds of international treaties. Treaties affect all aspects of society, including taxation, investment, exports, environmental protection, human rights, labour law, international trade, government procurement and standards to be applied to marketable products. These treaties clearly have a considerable impact on all aspects of life, both economic and political.
I would like to point out that, in many cases, treaties are more important than laws. In today's world, who would deny that the free trade agreement between Canada and the United States has a greater impact on the people of Canada than the law governing Parliament's official poet? I picked a law at random. The current tariff crisis is demonstrating the consequences that a free trade agreement can have.
Furthermore, while any legislation passed in this Parliament could be amended in the next Parliament, the same cannot be said for treaties. Since they are essentially contracts between countries, they cannot be changed without the other country's consent. Meticulous and transparent review of treaties is even more essential given the relative permanence of treaties. Laws are passed after a well-established process that includes detailed study in committee after public hearings. Parliament, on the other hand, is largely excluded from the treaty-making process. That is not necessarily the case in other jurisdictions, and it is not how it works in other countries. In short, let me be clear: If the people's representatives are left out of the process, then the people are also being left out when it comes to ratifying treaties.
I would like to explain how international treaties are ratified. There are five main steps, and within those five main steps, there are a number of undemocratic processes that this bill attempts to fix.
The first step is to adopt a mandate. That is the starting point. Cabinet decides to start negotiations for a treaty and gives a mandate to the negotiator, setting objectives to be reached and red lines that must not be crossed. This is the mandate. The decision to start negotiations is generally public. We know that when the government wants to renegotiate CUSMA or develop new international treaty agreements, it is generally clear about its intentions. However, the negotiating mandate is not made public. The public remains in the dark about what will be negotiated and how.
Cabinet alone makes that decision, even if the proposed treaty deals with matters that are normally within the purview of Parliament and even if the treaty affects matters under the legislative jurisdiction of Quebec and the provinces. Anyone can see that this is undemocratic.
After the mandate comes negotiation. This is when countries try to agree on a text that works for both of them. As we all know, this horse-trading, the entire negotiation process, takes place behind closed doors. Quebec and the provinces are generally not part of the negotiating teams, although they are often consulted and kept informed. Parliament, however, is rarely kept apprised of the status of ongoing negotiations and discussions.
The third step is signing the agreement. This is when countries wrap up negotiations, say they have agreed on a final text and commit to doing whatever their legislators need to do to ratify it. From that point on, there is a relatively final text that can be looked at. That is where Bill C‑228 comes in. It would require the text of major treaties to be tabled in the House of Commons. Then, after committee scrutiny, the House would have to vote on those treaties.
Here is how we would define “major treaty”. Members can probably see where I am going. What we want to see is a treaty approval process comparable to the legislative process. Generally speaking, “major treaties” means those that require the enactment of a federal law, confer new powers on the government, impose a significant financial obligation, result in a change to Canada's boundaries, the imposition of sanctions, or a transfer of jurisdiction to international institutions, affect the government's jurisdiction, or concern international trade.
As an opposition party, we are clearly able to define what a major treaty is, yet the government is still unable to define what a project in the national interest is. That was just a friendly reminder.
The fourth step is implementation. At this stage, countries change their internal operations to bring them into compliance with the requirements of the agreement. We are talking about changes to laws, regulations and government programs. That is the only step that Parliament is currently involved in. However, it is important to note that Parliament currently does not become seized with the treaty itself and cannot propose changes to any aspect of it. The treaty is unalterable, and parliamentarians only consider amendments to existing laws that will allow it to come into force.
In fact, the very minimal impact we can have is through our control, so to speak, over existing legislation. Since trade treaty implementation legislation affects tariffs, which have a financial impact, a confidence vote is usually involved. That is another problem. If we refuse to accept a treaty tabled in the House, Parliament could potentially be dissolved. This gives the government a disproportionate amount of leverage.
The fifth and final stage is ratification. This is the stage where the countries involved declare that their domestic laws are consistent with the requirements of the agreement and that they agree, under international law, to be bound by the obligations set out in the agreement. This stage comes under the exclusive authority of the executive branch.
If I can summarize, all these stages show that the process for ratifying international treaties is clearly undemocratic. In Canada, cabinet adopts the mandate unilaterally and keeps it secret. Federal negotiators report exclusively to the executive branch and do not have to report to anyone about the progress of discussions. The government alone brings the negotiations to a close and signs the final text of an agreement before disclosing it to anyone. Public debate is possible only after negotiations have ended and the text of the agreement is signed. That means it cannot be changed, whether by civil society, which can lobby elected officials, or by the elected officials themselves, whose ability to make changes is quite minimal.
In short, Parliament is essentially relegated to the role of a rubber-stamp chamber. It does not get to study the treaty itself. It merely adopts the changes to the laws that allow the treaty to come into force. During the review of the bill, any amendment that would affect the draft treaty is even ruled out of order.
Worse still, the government does its job with a knife to our throats, since laws to implement trade treaties generally affect taxation, which means they involve a confidence vote. That makes it impossible to change them. Either we approve them, or we face an election. Once again, this gives the executive branch a disproportionate amount of leverage.
What Bill C-228 would do is make the treaty-making process a little more democratic in five ways, which I will summarize briefly. First, it would require all treaties to be tabled in the House of Commons. Second, it would require the government to wait 21 days after tabling before ratifying a treaty to give the House an opportunity to consider it. Third, treaties would have to be published in the Canada Gazette and on the website of the Department of Foreign Affairs, Trade and Development. Fourth, it would add a requirement to obtain the advice of the House before ratifying a major treaty, which I defined earlier. The requirement to obtain the opinion of the House is not binding. I will see what my colleagues have to say about that. Lastly, civil society would have to be consulted by means of a parliamentary committee before Parliament votes on major treaties.
Quite frankly, when it comes to treaties, Canada is one of the least democratic countries in the industrialized world. The bill we are introducing is somewhat inspired by what is being done in Quebec.
In Quebec, there is an obligation to table and publish treaties. This obligation is set out in the Act respecting the Ministère des Relations internationales. This Quebec law also provides that the ratification of an international agreement or the making of an order cannot take place with respect to an important international commitment until the commitment is approved by the National Assembly. This mechanism allows the entire assembly, not just the executive branch, to express opinions. My colleagues will see that Bill C‑228 is largely based on the practice in Quebec, which requires that parliamentary approvals be published, and that is what Bill C‑228 seeks to replicate. It is also based on what is done in most European countries.
Canada is lagging behind when it comes to transparency, democracy and treaties, and that can be seen simply by looking at what is done in Europe and the United States. Parliamentary approval of treaties is the norm rather than the exception in Europe. Belgium even requires that regions and communities give their approval before it ratifies a treaty that affects their jurisdictions. Obviously, Bill C‑228 does not go that far. In the United States, Congress itself adopts the negotiating mandate. It is kept informed of the discussions and must approve the text before ratification. In Europe, the European Commission cannot enter into trade negotiations without the authorization of the European Parliament and a mandate from the member states represented on the European Council.
It is clear that, in many countries, parliaments adopt treaties through a far more democratic process. Furthermore, in some European countries, the adoption of treaties is considered important enough to be enshrined in their constitutions. That is the case in France, Germany, Denmark and Italy. Pursuant to its constitution, the U.S. must obtain legislative approval for certain categories of international agreements before they can be ratified.
In terms of transparency, Canada made some progress under the Harper government. I am sure that my Conservative colleagues will be pleased to hear this. It was in 2008 that the government outlined a new policy requiring all treaties signed by Canada and other states or entities to be tabled in the House before being ratified.
However, the tabling of treaties in the House remains a courtesy, similar to the courtesy shown by the Chair in letting me know that my speaking time is over. I am looking forward to hearing my colleagues' opinions. I believe that this is a bill that calls for greater democracy and transparency. I hope everyone shows such good faith.