Irwin Cotler

[Questions on the Order Paper, April 22nd, 2015]

With regard to Bill C-51, An Act to Enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to Amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to Make Related and Consequential Amendments to Other Acts: (a) what studies, reports, or other documents were consulted by the government as part of the process of developing the legislation; (b) what groups or individuals were consulted by the government as part of the process of developing the legislation; (c) when did each consultation in (a) and (b) occur; (d) who carried out each consultation in (a) and (b); (e) in what way was each group or individual in (b) consulted; (f) by what process was the legislation reviewed to ascertain whether any of its provisions are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; (g) what officials at the Department of Justice participated in the process in (f); (h) what groups or individuals outside the Department of Justice participated in the process in (f); (i) what changes were made to the legislation as a result of the process in (f); (j) did the government seek opinions from any group or individual outside the Department of Justice about whether any of legislation’s provisions are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; (k) from what groups or individuals did the government seek the opinions in (j); (l) when did the government seek each opinion in (j); (m) when did the government receive each opinion in (j); (n) what was the cost of each opinion in (j); (o) who in the government determined that the legislation is consistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms; (p) on what basis did the individual or individuals in (o) make that determination; (q) has the government evaluated the likelihood of any of the legislation’s provisions being challenged before the courts; (r) what is the result of the evaluation in (q); (s) on what basis has the government made the evaluation in (q); (t) has the government evaluated the likelihood of any of the legislation’s provisions being struck down by the courts; (u) what is the result of the evaluation in (t); (v) on what basis has the government made the evaluation in (t); (w) how much money has been or will be set aside to cover the cost of litigation related to challenges of the legislation before the courts; (x) how did the government determine the amount in (w); (y) when were instructions given regarding the drafting of this legislation; (z) how long did those drafting the legislation have to consider any constitutional impacts of the legislation; (aa) were any constitutional concerns raised during the legislative drafting process and, if so, (i) what were these concerns, (ii) how were they addressed, (iii) by whom were they addressed, (iv) when were they addressed; (bb) apart from any analysis pursuant to section 4.1 of the Department of Justice Act, in what ways did the government assess the constitutionality of this bill; (cc) in what ways did the Minister of Justice undertake to verify this bill's constitutionality; (dd) were any outside legal opinions sought relative to this legislation; (ee) in total, how many employees reviewed this legislation with a specific mandate to ascertain its constitutional compliance; (ff) what are the policy rationales for this legislation; (gg) in what ways did the government consider whether alternative policies might attain the objectives in (ff); (hh) what impact will this legislation have on the provinces and territories; (ii) if any provinces or territories were consulted, (i) when were they consulted, (ii) how were they consulted, (iii) in furtherance of what objective were they consulted; (jj) how much will this legislation cost to implement; (kk) do resources exist to implement this legislation effectively and fully; (ll) what is the basis for the government's response in (kk); (mm) by what means will this legislation be monitored and evaluated for its effectiveness; (nn) by what means and how often will this legislation be reviewed; and (oo) by what metrics will the government determine whether this legislation, once enacted, has made Canadians safer?

[Petitions, April 2nd, 2015]

Mr. Speaker, the second petition calls upon the government and the House to examine the possibility of public dental care in Canada parallel to the private system. The petitioners remind us that as many as six million Canadians are not able to afford the dental care they need and that oral health care can be a matter of life and death.

[Petitions, April 2nd, 2015]

Mr. Speaker, I rise to present two petitions. The first petition calls upon the government to adopt aid policies and programs in support of and in consultation with small family farmers, especially women, and to protect the rights of small family farmers in the global south to preserve, use, and freely exchange seeds, which are being replaced and imperiled by patented industrial varieties.

[Foreign Affairs, April 2nd, 2015]

Mr. Speaker, just yesterday, the Minister of Foreign Affairs sought clemency in the Raif Badawi case, but a simple call for clemency does not mean he will be immediately and unconditionally released and reunited with this family in Quebec.

Will the government explicitly call for the immediate and unconditional release of Raif Badawi, as required by the motion adopted unanimously by the House yesterday, so that Raif can be reunited with his family here in Quebec?

[Petitions, April 1st, 2015]

Mr. Speaker, the second petition is on behalf of Canadians who are concerned about the practice of forced organ harvesting by the Chinese regime on prisoners, including Falun Gong practitioners.

The petitioners call on the government to take measures to end the Chinese regime's practice of killing Falun Gong practitioners for their organs, to amend Canadian legislation to combat forced organ harvesting, and to publicly call on China to end its persecution of Falun Gong.

Having introduced Bill C-561 to this effect, I am pleased to stand in solidarity with these petitioners.

[Petitions, April 1st, 2015]

Mr. Speaker, I have the honour to present two petitions in the House today.

The first petition was signed by over 200 Canadians who are urging the Government of Canada to make immediate use of all diplomatic means necessary to ensure that Raif Badawi is released and reunited with his family, which has sought refuge in Sherbrooke, Quebec.

Raif was sentenced to 10 years in jail and 1,000 lashes for having created an online forum in Saudi Arabia. The petitioners are joining parliamentarians who adopted a unanimous motion to the same end.

[Questions Passed as Orders for Returns, March 31st, 2015]

With regard to the process for appointing individuals to the Security Intelligence Review Committee (SIRC): (a) which individuals have been appointed to SIRC over the last ten years; (b) for each individual in (a), (i) when was he or she appointed, (ii) how long was the term for which he or she was appointed, (iii) when did he or she leave SIRC; (c) for each appointment in (a), (i) when did the government begin the appointment process, (ii) what did the appointment process entail, (iii) when did the appointment process conclude; (d) for each appointment in (a), (i) who was involved in selecting the appointee, (ii) who selected the appointee, (iii) who oversaw the appointment process; (e) for each appointment in (a), what groups, individuals, or governments were consulted as part of the appointment process; (f) for each appointment in (a), how many candidates (i) applied, (ii) were considered, (iii) were contacted by the government; (g) for each appointment in (a), what is the breakdown of the cost of the appointment process; (h) how has the appointment process changed over the last ten years; (i) for each change in (h), (i) when was it made, (ii) who made it, (iii) what was its objective, (iv) in what ways was that objective accomplished; (j) according to what criteria does the government evaluate candidates; (k) how have the criteria in (j) changed in the last ten years; (l) for each change in (k), (i) when was it made, (ii) who made it, (iii) on whose authority was it made, (iv) what was its objective, (v) in what ways was that objective accomplished; (m) what reviews of the appointment process have been conducted or commissioned by the government over the last ten years; (n) what are the results of the reviews in (m); (o) what were the objectives of the reviews in (m); (p) in what ways were the objectives in (o) accomplished; (q) what reviews of the appointment process are (i) underway, (ii) planned; (r) what are the objectives of the reviews in (q); (s) when will the reviews in (q) be completed; (t) when will the results of the reviews in (q) be made public; (u) if an appointment process is currently underway, (i) when did it begin, (ii) who is overseeing or has overseen the process, (iii) who is or has been involved in the process, (iv) what group, individuals, or governments have been consulted, (v) when will the process be completed, (vi) when will the government announce the appointee; (v) how is the process in (u) different from previous appointment processes; (w) what is the breakdown of the cost of the process in (u) thus far; (x) what security or background checks are conducted on candidates; (y) who conducts security or background checks on candidates; and (z) for each appointment in the last ten years, (i) who conducted security or background checks on the candidates, (ii) what was the cost of the security or background checks?

[Questions Passed as Orders for Returns, March 31st, 2015]

With regard to the resettlement of refugees under the Government Assisted Refugees (GAR) program: (a) for each of the last ten years, what was the annual admissions target; (b) for each of the last ten years, what was the annual admissions target for GARs referred by the United Nations High Commissioner for Refugees (UNHCR); (c) what is the breakdown, by source country, of the targets in (a) and (b); (d) for the last ten years, broken down by source country, how many refugees have been resettled in Canada; (e) for each of the last ten years, how many individuals has the UNHCR asked Canada to accept as refugees; (f) what is the breakdown, by source country, of the individuals in (e); (g) for each of the last ten years, broken down by source country, how many of the individuals in (e) have been (i) deemed admissible by Canada, (ii) selected by Canada for resettlement, (iii) resettled in Canada, (iv) deemed inadmissible by Canada; (h) broken down by year and source country, for the individuals in (e) deemed inadmissible by Canada, (i) on what grounds were they deemed inadmissible, (ii) who made the determination that they were inadmissible, (iii) how was that determination communicated to the UNHCR, (iv) how was that determination communicated to the individual; (i) broken down by year and source country, how many of the individuals in (e) were deemed inadmissible by Canada (i) following an in-person interview by a Canadian visa officer, (ii) based on the results of a medical examination, (iii) based on the results of a security screening, (iv) based on the results of a criminal screening, (v) based on a finding that the claimant had been involved in a criminal organization, (vi) based on a finding that the claimant had been involved in human rights violations, (vii) based on a finding that the claimant had been involved in terrorism; (j) based on what factors does Canada evaluate referrals from the UNHCR; (k) who carries out the evaluations in (j); (l) what changes have been made to the factors in (j) over the past ten years; (m) for each change in (l), (i) when was it made, (ii) who made it, (iii) on whose authority was it made, (iv) what was its objective, (v) in what ways was that objective accomplished; (n) for each of the last ten years, broken down by source country and organization, how many individuals were referred to Canada for resettlement as refugees by organizations other than the UNHCR; (o) for each of the last ten years, broken down by source country and government, how many individuals were referred to Canada for resettlement as refugees by foreign governments; (p) for each of the last ten years, broken down by source country and organization, how many of the individuals in (n) have been (i) deemed admissible by Canada, (ii) selected by Canada for resettlement, (iii) resettled in Canada, (iv) deemed inadmissible by Canada, (v) denied entry into Canada; (q) broken down by year and source country, how many of the individuals in (n) have been denied resettlement in Canada (i) based on the results of a security screening, (ii) based on a finding that the claimant had engaged in criminal activity, (iii) based on a finding that the claimant had been involved in a criminal organization, (iv) based on a finding that the claimant had been involved in human rights violations, (v) based on a finding that the claimant had been involved in terrorism; (r) what is the standard of proof for finding a claimant inadmissible for reasons of (i) criminal activity, (ii) involvement in a criminal organization, (iii) involvement in human rights violations, (iv) involvement in terrorism; (s) for each of the last ten years, have there been countries, regions, or refugee camps from which Canada did not accept refugee claimants as a matter of policy; (t) what are the countries, regions, or refugee camps in (s); (u) based on what factors did the government decide not to accept the claimants in (s); (v) who made the decisions in (u); (w) from what countries, regions, or refugee camps does Canada currently not accept refugee claimants as a matter of policy; (x) based on what factors has the government decided not to accept the claimants in (w); (y) who made the decisions in (x); (z) has Canada ever communicated to the UNHCR, formally or informally, that it would not accept claimants from particular countries, regions, or refugee camps; (aa) what are the countries, regions, or refugee camps in (z); (bb) when did Canada make the communications in (z); (cc) what was the response of the UNHCR to the communications in (z); (dd) how many requests has Canada received from the UNHCR to resettle refugees from the Camp Liberty or Camp Ashraf refugee camps in Iraq; (ee) when was each of the requests in (dd) received; (ff) how many of the refugees in (dd) has Canada (i) accepted, (ii) resettled in Canada, (iii) rejected; (gg) based on what factors did Canada reject the claimants in (dd); (hh) for each of the last ten years, what groups has Canada undertaken to resettle via group processing; (ii) for each group in (hh), (i) when did Canada decide to resettle members of the group via group processing, (ii) who made that decision, (iii) on whose authority was the decision made, (iv) based on what factors was that decision made, (v) how many members of the group has the government undertaken to resettle in Canada, (vi) how many members of the group does the government intend to resettle in Canada, (vii) how many members of the group have been resettled in Canada; (jj) since the start of the ongoing conflict in Syria in 2011, how many refugees from Syria has the government committed to resettle in Canada; (kk) when, how, and to whom did the government make the commitment in (jj); (ll) who determined the number of refugees in (jj); (mm) based on what factors was the determination in (jj) made; (nn) what changes have been made to the factors in (mm) since the start of the ongoing conflict in Syria in 2011; (oo) for each change in (nn), (i) when was it made, (ii) who made it, (iii) on whose authority was it made, (iv) what was its objetive, (v) in what ways was that objective accomplished; (pp) since the start of the ongoing conflict in Syria in 2011, broken down by month, how many refugee claimants from Syria have been (i) resettled in Canada, (ii) deemed admissible by Canada, (iii) deemed inadmissible by Canada; (qq) based on what factors were claimants in (pp) deemed inadmissible by Canada; and (rr) what accounts for any discrepancy between the number of claimants in (pp) deemed admissible by Canada and the number of claimants in (pp) resettled in Canada?

[Human Rights, March 25th, 2015]

Mr. Speaker, there have been discussions among the parties, and if you seek it, I think you will find unanimous consent for the following motion. I move:

That, in the opinion of the House, Sergei Magnitsky, a Moscow lawyer who uncovered the largest tax fraud in Russian history, was detained without trial, tortured and consequently died in a Moscow prison on November 16, 2009;

No thorough, independent and objective investigation has been conducted by Russian authorities into the detention, torture and death of Sergei Magnitsky, nor have the individuals responsible been brought to justice;

The unprecedented posthumous trial and conviction of Sergei Magnitsky in Russia for the very fraud he uncovered constitute a violation of the principles of fundamental justice and the rule of law;

Therefore the House calls upon the government to:

Condemn any foreign nationals who were responsible for the detention, torture or death of Sergei Magnitsky, or who have been involved in covering up the crimes he exposed;

Explore and encourage sanctions against any foreign nationals who were responsible for the detention, torture or death of Sergei Magnitsky or who have been involved in covering up the crimes he exposed;

Explore sanctions as appropriate against any foreign nationals responsible for violations of internationally recognized human rights in a foreign country, when authorities in that country are unable or unwilling to conduct a thorough, independent and objective investigation of the violations.

[South Africa, March 25th, 2015]

Mr. Speaker, I recently returned from a moving trip to South Africa on the occasion of the 60th anniversary of the Freedom Charter, the iconic moral compass of the anti-apartheid movement that inspired the creation of a free, democratic, egalitarian, and non-racial South Africa with Nelson Mandela, our honorary Canadian citizen, as its first president.

I had occasion to meet with Susan Shabangu, South Africa's minister responsible for women, on the eve of International Women's Day, whose message was that empowering women was empowering Africa, and indeed, it is equally true that empowering women is empowering Canada.

I met with Minister of Justice Tshililo Michael Masutha, discussing the contribution of the Canadian Charter of Rights and Freedoms and Canadian jurisprudence to South African constitutionalism. I also met with Minister of the Presidency Jeff Radebe on the importance of a human rights foreign policy.

There is great potential for a Canada-South Africa partnership in the area of women's rights, constitutionalism, and international justice, where both our countries and peoples will be the beneficiaries.