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Subcommittee on International Human Rights committee I think the first country would be France. They have in place this duty of vigilance law that requires companies over a certain size to take steps to ensure that they have a vigilance plan in place and to make sure that their subsidiaries, other contractors and other entities in
April 13th, 2021Committee meeting
Dr. Penelope Simons
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee No. I think it would start to have a preventative affect on corporate behaviour if the CORE could properly investigate, if it had the powers to compel witnesses and documents. Then it would have a preventative effect. That would help to ensure that corporations engage in better p
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee Yes. Judicial remedies are of course central to the right to an effective remedy, but as I think you've mentioned, and as I've said before, too, they aren't sufficient because not every set of facts can be a tort claim. Harm that is caused will not be necessarily remedied through
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee For some companies, it will be important to have that withdrawn, but it's important to remember that the CORE can only recommend to Export Development Canada. Export Development Canada has to decide that it's not going to provide funding to a company. That's a problem. As well, i
April 13th, 2021Committee meeting
Dr. Penelope Simons
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee It's an obligation to ensure that companies that are operating within Canada's jurisdiction are not making decisions and taking actions that can have...or that through subsidiaries are violating the human rights of people in other countries.
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee I am talking about Canada's obligations to exercise due diligence to ensure that Canadian companies operating in other countries do not violate human rights while they are operating abroad. Canadian companies make decisions. They do a lot of things. Their subsidiaries or their co
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee I think this is what we're all talking about. If Canada were to put in place a legislative framework to require its companies to engage in human rights due diligence and then make sure that there are effective remedies, both through the courts and through a properly empowered COR
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee Again, companies probably don't go out seeking to commit human rights violations, and some of them care greatly if their personnel or the contractors they hire or whatever become complicit or commit or perpetrate human rights violations. I think what companies need to have in p
April 13th, 2021Committee meeting
Dr. Penelope Simons
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee In theory, I guess if one state violates an erga omnes obligation, then another state could bring a claim in an international tribunal. I just want to distinguish between a private party bringing a claim against a non-state actor, a corporation, in [Technical difficulty—Editor]
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee Okay. Was I speaking or was MP Reid speaking at that point?
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee Okay. I think what I was saying was that there's a difference between a private individual suing a corporation for violations in Canadian courts for something that happened in Eritrea and, say, Canada bringing a claim against Eritrea for a violation, an erga omnes violation, for
April 13th, 2021Committee meeting
Dr. Penelope Simons
Subcommittee on International Human Rights committee I'm not quite sure I understand what—
April 13th, 2021Committee meeting
Dr. Penelope Simons