Lost her last election, in 2006, with 39% of the vote.
Afghanistan November 22nd, 2001
Mr. Speaker, the government and the Minister of Foreign Affairs are very cognizant of what the women of Afghanistan have gone through. It is a major priority on our part, as with other members of the coalition, to ensure their role and participation in a government that will follow the current hostilities.
Foreign Missions and International Organizations Act November 22nd, 2001
Mr. Speaker, the member for Burnaby--Douglas spent much of his time discussing Bill C-36, the terrorist bill and now the member for Esquimalt--Juan de Fuca has spent much of his time discussing Bill C-11, the immigration bill. However the bill we are discussing today is Bill C-35, an act to amend the Foreign Missions and International Organizations Act.
This proclivity on the part of two members who usually exhibit some knowledge in foreign affairs to ignore the fact that we are debating at third reading stage Bill C-35, is beginning to impact negatively on my self-esteem. Not to sound petulant, but it is my job as Parliamentary Secretary to the Minister of Foreign Affairs to try to bring forward a particular bill. My difficulty is trying to get some members to focus on that bill.
That said, I will attempt to reach to the hon. member's strong background and suggest that his idea that we should move out of the Vienna conventions and into an international court, perhaps the international criminal court of the treaty of Rome which has not yet received near the number of ratifications to bring it into existence, is naive. I say that most honestly. The Vienna convention is already established. Many nations participate. To tear that down and begin again as the hon. member is suggesting is something that is almost impossible to commence.
Foreign Missions and International Organizations Act November 22nd, 2001
Mr. Speaker, I enjoyed listening to my hon. colleague's comments. I was somewhat disheartened to see him slip into rhetoric and polemics because I frequently have found him to be more thoughtful and to apply perhaps a more intellectual analysis than I have had to listen to this morning.That is disappointing. I was not surprised by that kind of approach in yesterday's debate by an hon. member from across the way, but I would have held the bar higher for my hon. colleague this morning.
I make particular reference to his mention of clause 5 as being the heart of the bill. This is coming from someone with his background in international politics and his concept and understanding of the Vienna convention, at times totally lacking from the other member. I understand his preoccupation with police powers. As much as we have attempted to explain that this is a codification of common law, his past has given him a great fear of police powers. However that is not reflected in the normal Canadian and in the polls wherein Canadians have asked us to provide the security and to do so of course intelligently.
On matters with regard to immunities, because of his background which I have described, he is very cognizant of the fact that there are consular and there are diplomatic levels. Unlike the colleague to his left from Cumberland--Colchester who spoke earlier, this is not just a matter of throwing open the doors to every conceivable official who comes into the country allowing them immunities on that scale.
I ask him to respond to those two issues that I have raised and to do so free of the rhetoric.
Foreign Missions and International Organizations Act November 22nd, 2001
Foreign Missions and International Organizations Act November 22nd, 2001
Mr. Speaker, I too listened to the remarks of my colleague from across the floor. I find a number of things rather disconcerting, but particularly it is his criticism of making the change from the Immigration Act of obtaining a certificate from the minister and bringing that under the ambit of the Department of Foreign Affairs.
The expert witness who dealt very specifically with that issue at committee made it very clear that he thought it was a very good amendment. It allowed for the same discretion that he as an expert saw as requisite. It put it where it should be, which is within the Department of Foreign Affairs. In fact, it is not something that will be carelessly done but rather will be dealt with case by case and requires an order in council.
I have difficulty with his inability to see that. Perhaps he could share his insight.
Foreign Missions and International Organizations Act November 21st, 2001
The development in the modernizing aspect is necessary because in modern diplomatic practice important governmental, international and multilateral matters are increasingly dealt with at international conferences by international organizations that are not created by treaty, which we have discussed. That represents a change from the past.
The traditional mode of diplomacy was frequently and usually conducted on a bilateral basis and that is indeed the work of our missions abroad. Our ambassadors in Washington are frequently dealing in a bilateral manner with their counterparts in Washington. Our diplomats in Paris and Beijing do the same.
More and more we see that the work of diplomacy, the coming together and creation of an international agreement, takes place within a multilateral setting and not as in the past in the traditional bilateral setting. Because of that we have felt compelled to extend in Canada, within a reciprocal nature, exactly what is given in other countries and to allow this newer method of diplomacy to be conducted and to be so protected by the extension of immunities.
The bill would ensure that we can do that. I would again emphasize that it is all done within very clear and precise rules and regulations as inscribed within the Vienna convention and has been accorded with those rules very much in mind. Again I caution the House against the misinterpretation we have been hearing that this is a very loose, unguarded methodology which is being introduced. It is anything but.
In addition not just to the rules of the Vienna convention and the further development within Bill C-35, all international organizations and their meetings are subject to careful and stringent screening procedures and consultations among the Department of Foreign Affairs, the Department of Citizenship and Immigration, CSIS and the RCMP. Nothing changes. All of that stays very much in play.
It is important that with respect to instances where persons with immunity commit a serious crime in Canada, the Canadian government has developed one of the most stringent policies in the world. We are not in the middle of the scale. We are not even close to the top. We are at the very top.
After the tragic incident involving Catherine MacLean and Catherine Doré, of which much mention was made earlier by a member from across the floor, the department adopted a zero tolerance policy regarding criminal acts committed by persons with immunity. The policy has been implemented by law enforcement authorities across Canada with the full understanding and co-operation of the diplomatic community.
The Minister of Foreign Affairs was absolutely appalled after the incident that was discussed, in reference frequently to Catherine MacLean and Catherine Doré, as were officials in the department. The instant response was to do all that was possible to ensure that first and foremost this never occurred again but wherever an incident of a similar nature did occur, that we had protocols in place that would mean an instant bringing to justice of any person implicated in such an act.
I am disappointed that earlier in a very cavalier way the member made mention of the fact and to quote him directly, he said “Come in and do whatever you want to do”. That kind of hyperbole, fearmongering, and deliberate misleading obfuscating as it is assigns his words no credibility. It is so obvious when one goes to that level of hyperbole and heads all over the Chamber drop almost in embarrassment for him, there is not much necessity for me to countermand his thoughts as the thoughts were few while the emotions were rampant.
As I said, while even the strictest policy cannot altogether prevent incidents from occurring, this policy makes it very clear to the diplomatic community that Canadian laws are to be respected and that if a crime is committed, Canada will seek first a waiver of that very immunity in order to prosecute the individual. Where the request for a waiver is refused, other sanctions, including expulsion from Canada, will be taken.
The same policy will be applied to the degree possible to all persons with immunity in Canada who commit crimes, whether here as diplomats or to attend at conferences.
A great deal of attention was given to the bill's proposal that serves as the legislative basis for the orderly holding of international government conferences in Canada.
We are concerned that this proposal might give police forces greater powers to restrain legitimate protests at international conferences.
Let me assure the House that this proposal does not affect the policing powers of the RCMP and other forces, such as provincial and municipal, under common law as well as federal and provincial legislation.
The amendment has been carefully drafted in light of the common law and the statutory duties conferred on the police to keep the peace, to protect persons, including internationally protected persons from harm and to protect persons engaged in lawful demonstrations from unlawful interference. Any security measures taken by the police will be subject to charter scrutiny and must be justified as reasonable in the circumstances. Those are the traditions of our jurisprudence. Those are the protections of the charter and checks and balances that already exist within the Canadian policing system. In other words, any police measures that limit a charter right, for example freedom of expression or freedom of assembly, must be justifiable in this free and democratic society.
The provision says that the RCMP has primary responsibility to ensure security for the proper functioning of an intergovernmental conference. A question was raised in committee as to the meaning of primary and the RCMP's co-ordination with its other two counterparts at the provincial and municipal levels. In response the government brought forward a motion to facilitate consultation and co-operation between the RCMP and provincial and municipal police forces.
When we spend the weeks we do in committee, an institution which I highly value and I know all of us do, as that is where the appropriate development of public policy and good laws begins and where it usually ends, the people who give of their time to come from across Canada and give us the benefit of their wisdom and experience are invaluable to the process. We come as legislators. We are not specialists. We depend greatly on the wisdom of specialists as we develop our laws.
One of the witnesses who came before the committee was actually a former national chair for both the international and constitutional law sections of the Canadian Bar Association. While he is a practising international business lawyer, he came in his personal capacity; I want to make that clear.
He spoke very favourably on some aspects of the bill. The reason I am choosing his testimony is that he directly dealt with a large portion of what was said by the hon. member earlier this afternoon. He dealt with retaliation and reciprocity which are key elements of the bill. He said:
Overall, my own view is that these provisions taken as a whole, are overdue, give the executive the necessary tools to respond quickly, as, and for as long as necessary, to inappropriate acts by foreign nations directed at Canadian missions abroad, and at the same time remain consistent with our international obligations under the Vienna conventions.
There has been no focus whatsoever by the hon. member on all of the strong aspects the bill has brought together. The witness continued:
The core principle in those instruments is that of immunity...once granted through the accreditation process.
He went on to say that core principle cannot be deviated from. If Canada is to continue to adhere to the Vienna conventions, then these things must be in place. He further said:
Nevertheless Canada can certainly tighten up the process of accreditation and be more rigorous in withdrawing accreditations in the face of improper conduct by foreign countries and by their agents in Canada and this Bill C-35 does well.
Finally he made mention and was very pointed in the criticism of the bill about moving the decision from the minister of immigration to the Minister of Foreign Affairs. The witness with all of his considerable background said that it is a good amendment providing greater certainty than the prospect of a judicial determination, that it is consistent with our treaty obligations on point, but that, he thinks, is something government can only resolve on a case by case basis. That is exactly what we will be allowed to do with our order in council approach.
It is, then, in his view the right one for this purpose. We have received a lot of very strong views in support of the bill. It is unfortunate that the comments made in the House were very selective but perhaps that is the job.
Foreign Missions and International Organizations Act November 21st, 2001
Mr. Speaker, I am very pleased to address you and members of the House regarding Bill C-35. I have prepared some notes and I will deliver those notes, but obviously the temptation to respond to the member opposite who has now left the House is such that I will indeed enjoy addressing a response to the House upon the conclusion of my prepared speech.
I am pleased to address Bill C-35, an act to amend the Foreign Missions and International Organizations Act.
The Standing Committee on Foreign Affairs and International Trade conducted an indepth review of the bill and recommends that it be referred to the House for third reading.
I would like to take this opportunity to give an outline of the main proposals contained in this bill. These proposals were raised and discussed in committee. I also want to comment on the new amendment proposed by the government to the bill.
The proposals in the bill come at a time when it is imperative that we demonstrate leadership in the international arena on the issues that are of major importance both to Canada and to Canadians, such as the environment, international trade and human and national security.
Canadians are supportive of the role that we play as a member of international bodies that are tasked with the conduct of international relations, such as the G-8. Canadians also understand that hosting important intergovernmental summits in Canada and establishing the head offices of international organizations, such as the ICAO, the International Civil Aviation Organization in Montreal, bring enormous economic and political benefit to Canada.
I think it is necessary to clarify certain misleading information that has been in the press recently regarding this bill. It suggests that Bill C-35 surreptitiously expands diplomatic privileges and immunities to all kinds of people entering Canada without maintaining safeguards to protect Canadians from known or potential criminals. To go further, if what I heard earlier could be believed, it is to throw open the doors of the country, almost inviting and enticing every conceivable criminal we can reach to get in here and attend a meeting and wreak havoc on the people and institutions of Canada.
I would like to emphasize that the clear purpose of the bill is not to do that and I think most people found it difficult to keep from giggling at the very suggestion. Rather, it is to modernize the legislation with respect to international organizations.
This development is necessary because in modern diplomatic practice, important governmental, international and multilateral matters are increasingly dealt with at international conferences by international organizations that are not necessarily created by treaty, such as the G-8 or the OSCE, the Organization for Security and Co-operation in Europe. Both of these meetings and annual conferences, and in fact the OSCE meets far more regularly than the G-8, are not treaty based. To explain the difference, the United Nations is treaty based. What we have done here is create a safe environment for the functioning of the diplomatic process within meetings and organizations that are not treaty based. There is no reason not to be open about the fact that Canada is hosting the G-8 summit in Alberta next summer and we very much want to have this bill in place in order to provide just that kind of ambience and security.
At present, the legislative definition of international organization has been interpreted to permit orders to be made under the act only for international organizations that were created by treaty, such as the United Nations, but this bill would ensure that we can treat important meetings such as the G-8 in the same manner that we treat international organizations like the United Nations and the International Civil Aviation Organization.
I would emphasize that the immunity granted to the people attending these meetings, both under the present legislation and following the amendments, is not and would not be an absolute immunity from criminal prosecution.
The point of departure for all of what has led to the discussions both within our committee and here in the House are the Geneva conventions. The Geneva conventions are international treaties signed by many countries which produce a set of rules and regulations allowing for diplomatic immunity at diplomatic and consular levels. The reason they do is historically based and it has been an evolving process.
In ancient times when a diplomat would be assigned to the court of perhaps Catherine the Great or perhaps earlier than that back in the time of early Egypt, the role of the diplomat then was, as it is in many ways today, to convey the views of the government and to participate in discussions for bilateral arrangements.
In some ancient times when the said diplomat did not please said monarch, the consequences were permanent and in many ways gruelling. Pieces of the diplomat were frequently sent back to the home court to convey the sense of displeasure of the resident monarch. Fortunately we have come a long way in creating a world in which women and men who are diplomats or consular officials can function safely in the many capitals of the world and accomplish the tasks they were sent to do.
At times when I listen to what is said across the floor of the House, as I did earlier, it seems we are back in those same times, as most of the stories referenced appear to be focused on gruelling crimes and the most excessive and unusual of circumstances, always the exception to the rule, attempting to convey to all of us and through us to the people who read and watch what we say that in fact we have criminals loose in the country wearing the T-shirts of diplomats. In actual fact there are very few instances of crime. When there is an instance, there is an instant response by the government using the rules that have been set up to allow it exactly that kind of response. However, those stories are consistent with what often takes place during question period where the crime of the week appears to set the tone, draw the focus and is rarely of interest in good public policy.
Continuing with my prepared notes, I would like to emphasize that the clear purpose of this bill is to modernize the legislation with respect to international organizations.
Foreign Missions and International Organizations Act November 20th, 2001
Talk about the bill.
Foreign Missions and International Organizations Act November 20th, 2001
Mr. Speaker, I too have joined my hon. colleague in working as a member of the committee to hear witnesses and attempt to clarify the intent of the government in bringing forward the bill at this time.
While the amendment that has been brought forward deals strictly with one aspect of the bill, it is important that the clause be referenced within the larger context of the bill. It is clear by the name of the bill that it deals with foreign missions and international organizations. It would require us to extend to international organizations and meetings of international bodies and heads of state the same protections through the Vienna convention on diplomatic immunities that are enjoyed by our permanent foreign embassies in Canada.
The reason for doing that is clear. It is to provide reciprocity with what is given and made available when these meetings occur in other countries.
There were technicalities that had to be addressed. We were looking to provide this kind of protection and safety for organizations and meetings which are non-treaty based. In the past those that were treaty based such as the United Nations already enjoyed the privileges and perquisites of diplomatic immunity. When we did this by bringing the act forward it was necessary to look at what else occurs when we hold such international gatherings in Canada.
At the outset we incorporated the need to extend diplomatic immunities to the people attending, both for their protection and for consistency with other countries. At the same time we cannot keep our heads in the sand. We are cognizant of what has occurred in the past in Seattle, in Geneva and recently on a smaller scale in Canada. We must provide clear safety. Safety falls within other dimensions and triggers the need for police activity and preparedness. That is why section 5 of the act would be amended by clause 10 of Bill C-35.
In the past the power necessary for the RCMP to take the lead and work in conjunction with provincial and municipal police forces has existed in common law. By bringing that power within the ambit of Bill C-35 we would put it into statutory format. We would make clear in statute what previously existed in common law.
In preparing for meetings of international organizations such as the G-8 there would then be no confusion, as might have existed in the past, on the part of any of the police forces that work in conjunction to prepare, make plans and take the necessary precautions. The clarity is now there. It is within a bill that deals with all these dimensions.
In many ways the bill would clean up what might have been confusing in the past. Some members of the committee wondered why we were dealing with diplomatic immunities and statutory laws concerning police powers within a foreign affairs bill. It is because the whole thing is seen as a composite.
We listened to witnesses who had reservations. I have rarely been on a committee where there was 100% unanimity from all the witnesses. As my hon. colleague across the way pointed out, the committee passed a resolution this morning to express its concerns to the government. I felt as did most members of the committee that it gave a balanced reply. Our bill will now move forward.
A lot of hard work went into the bill, not just by witnesses but by all of the members around the table. There was good questioning, good thought and good preparation. It is always a pleasure to see members of parliament take the task of a standing committee very seriously. I thank all of my colleagues on the Standing Committee on Foreign Affairs.
Canada National Marine Conservation Areas Act November 19th, 2001
Madam Speaker, I cannot give the hon. member that figure, but I can undertake to do so at a later date since I have heard ministers undertake to do just that during question period.
Whether or not a second financial arrangement ensued, that too I do not have, but again I will do my utmost to deliver that information to my hon. colleague.