Madam Speaker, I would first like to thank the member for Jonquière for introducing Bill C‑228, which is a private member's bill. I am grateful for his work on this important and timely issue.
The debate on this bill touches on fundamental principles of our democracy and our constitutional framework. In a global context marked by geopolitical uncertainty, it is essential to ensure that Canada's treaty-making system reflects today's reality.
First, I rise today to reaffirm the integrity, transparency, and accountability that are already built into Canada's treaty-making process. This includes the essential step of tabling treaties in Parliament. This step is a more recent addition to our tradition, but it has been respected and supported by Canadian governments of all political stripes since the January 2008 announcement of the policy on tabling treaties in Parliament.
Since the introduction of the policy on the tabling of treaties in Parliament in 2008, successive governments have maintained a strong commitment to transparency by regularly tabling treaty texts before the House. These documents, along with negotiating positions and impact assessments, are made available to parliamentary committees, allowing Parliament to exercise oversight.
Our government will always take a strong stand for transparency in Canada's international agreements and partnerships. As we endeavour to diversify our relationships abroad, we agree that there can be no compromise on transparency to Parliament.
We agree that as we focus on diversifying our relationships and treaty relations abroad, there must be no sacrifice on openness with Parliament.
As members of the House know, the authority to enter into international treaties on behalf of Canada belongs to the elected government. Like many of our allies who also follow the Westminster model, our government has a mandate to negotiate, sign and ratify treaties on behalf of Canada for all Canadians.
It is important to recognize that the constitutional authority to enter into treaties rests with the elected government of the day, consistent with the Westminster parliamentary tradition. As with many of our allies who share this system, the executive branch is tasked with negotiating, signing and ratifying treaties on behalf of all Canadians.
At the same time, parliamentary control and transparency are central to our democratic governance. The current policy framework offers a number of opportunities for parliamentary participation by the provinces, territories, indigenous groups and relevant stakeholders, from preliminary consultations during treaty planning and negotiations, right up to tabling of the treaties prior to their ratification.
For nearly 20 years, since 2008, successive governments have tabled treaties in Parliament in accordance with the requirements of the policy on tabling treaties in Parliament. This process is not a mere formality; it embodies the philosophy that underpins our system of government.
As we begin the debate on Canada's current treaty-making process, it is important that we all understand what exactly our current policy is and what level of openness, input and transparency it affords to Parliament.
First, a government's accountability in the treaty process begins well before signing or ratifying a treaty. It begins with the planning stage. As the policy states, when a negotiating mandate is developed, public servants must demonstrate that they have conducted a comprehensive consultation process. This process involves not only federal departments, but also, depending on the subject of the treaty, the provinces and territories, indigenous peoples, as well as civil society in the form of non-governmental organizations, academia and industry.
Second, these consultations continue throughout the negotiation phase. Stakeholders are consulted, including provincial and territorial governments where certain provisions of the treaty fall within their constitutional jurisdiction. In the case of multilateral negotiations, representatives of these groups are often part of Canadian delegations.
Third, for agreements of major economic importance, including trade agreements, additional transparency measures were put in place in 2020. These additional measures require that the government table in Parliament a notice of intent to negotiate at least 90 days before the discussions begin and that negotiation objectives be tabled 30 days before.
Fourth, the requirement to table the text of international treaties in Parliament before taking any action intended to bind Canada is an essential component of our commitment to accountability.
During these treaty-tabling periods, opposition parties have the option to seek a vote and pursue a debate in the House regarding the treaty in question.
Fifth, where the fulfillment of the obligations in a treaty requires amendments to federal legislation, a bill to implement those obligations is presented to this House and follows the standard procedures for the adoption of law. This again provides significant opportunities for review, examination, debate and approval by parliamentarians.
Finally, the commitment to public transparency is also reflected in the publication and registration of treaties. Once in force, they become publicly available, they are registered with the United Nations and they are kept in the public domain, ensuring their visibility both in Canada and internationally.
For treaties with significant economic implications, such as free trade agreements, the government introduced enhanced transparency measures in 2020. These include the requirement to table a notice of intent to negotiate and the negotiation objectives in this House before talks begin. Furthermore, Parliament's approval is required before implementation legislation can be enacted, ensuring legislative scrutiny before these treaties take full effect domestically.
In summation, the current parliamentary review process for treaties has seen over 450 treaties brought before this House since 2008, providing members with opportunities for examination, debate and, if desired, votes. When treaties require amendments to federal laws, such changes must pass through the normal legislative process, offering further opportunities for parliamentary review.
It is true that Bill C‑228 seeks to strengthen parliamentary participation by requiring prior approval of treaties. That is an honourable goal shared by every member of the House.
However, we should be cautious about any changes to our ratification process, particularly when they may introduce delays and uncertainties that could hinder Canada's ability to negotiate effectively and respond swiftly to evolving global circumstances.
This year alone, nearly 20 treaties have been tabled in Parliament. Under the process outlined in this bill, each of these treaties would have had to spend months in committee and months more awaiting the drafting of a government report, meaning several years' delay in the implementation of international agreements that have earned our country a global reputation as a reliable partner.
This balance between executive flexibility and parliamentary oversight is complex. Other Westminster democracies, such as the United Kingdom, Australia and New Zealand, offer useful examples.
In the U.K., treaties are laid before Parliament prior to ratification under the Ponsonby rule, allowing scrutiny while preserving executive discretion. Australia and New Zealand follow similar practices, where parliamentary review occurs after negotiations.
In short, when one considers the extensive transparency measures that have been in place for over two decades, the notion that treaty-making in Canada lacks transparency is not borne out.
In conclusion, I have outlined key steps in Canada's treaty process, a process that ensures that each negotiated agreement is guided by the principles of democracy, transparency and respect for the constitutional framework. This system is robust, it provides for appropriate consultation and it allows for parliamentary participation through the tabling period.
I understand and share the concerns raised by my Bloc Québécois colleague. We are operating in a complex global environment, and Canada's international relations decisions carry more weight than ever.
I thank my colleague for his thoughtful contributions and for highlighting the vital role Parliament plays in shaping our foreign policy, and I look forward to continuing our collaboration.
As we continue to consider Bill C‑228, it is critical that we reflect not only on the transparency and oversight mechanisms already in place in Canada, but also on the constitutional principles that define the roles of the executive and Parliament in the treaty process.
I look forward to the rest of this debate.