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House Hansard - 126

44th Parl. 1st Sess.
November 14, 2022 11:00AM
Context: House Hansard - 126 - Nov/14/22
Hon. Robert Oliphant (Parliamentary Secretary to the Minister of Foreign Affairs, Lib.)
Madam Speaker, advancing human rights is an integral part of the Government of Canada's multilateral engagement in our foreign policy, and as such it does not, as the previous member suggested, ever need to be pushed toward that work. Around the world, we are increasingly seeing concerning trends with some authoritarian governments seeking to undermine international human rights norms, be it Russia, China or Iran, including the stifling of civil society and restricting the full enjoyment of the rights and freedoms of their people. Consequently, it is important to consider new opportunities to add to Canada's tool kit so as to better respond to emerging human rights crises and to advance the promotion and protection of human rights. Therefore, we welcome the opportunity to discuss Bill C-281, which was presented to the House by the member of Parliament for Northumberland—Peterborough South. I personally thank him for his work on the bill. The bill introduces several amendments to four statutes in an effort to uphold Canada's commitment to human rights in a strong and meaningful way. The government supports the intention of the bill and will support it at second reading, aiming to find ways to strengthen it to effectively add to Canada's robust tool kit and our approach to addressing human rights situations around the world. We will support it going to committee for a thorough review and study by committee members. We welcome the opportunity to work with our colleagues on the other side of the House, as well as on this side of the House, on this important piece of legislation in an effort to strengthen the bill and to address certain aspects of the provisions that would hinder the bill's ability to achieve its objective under the law. Canada's policies and initiatives to uphold human rights abroad, including support for human rights activists, get a lot of attention from parliamentarians, and so they should. The bill proposes new reporting requirements for the Minister of Foreign Affairs when it comes to Canada's efforts to advance human rights through our foreign policy. We agree with the objective to better demonstrate Canada's engagement in the promotion and protection of human rights. However, as currently drafted, the bill's means of pursuing the objective as it relates to the Department of Foreign Affairs, Trade and Development Act is somewhat problematic. It would impose direct instruction to the minister from Parliament concerning the conduct of Canada's foreign relations, and that could have broader, unrelated and unintended implications and consequences for the conduct of foreign relations under the Crown prerogative. Unlike most other acts concerning federal departments and agencies, the act does not confer powers or authorities on the minister, but rather the powers of the minister are found in the Crown prerogative, which is a long-standing, valid source of executive authority. It has a foundation in Canada's Constitution, and its scope and content have been shaped through judicial decisions. The act purposefully refrains from limiting or displacing the prerogative as a source of executive authority over foreign relations. It also refrains from giving direct legislative instructions concerning the executive's order of Canada's foreign relations. Over the years, this approach has maintained the flexibility needed by the government, no matter which party is in power, to adequately manage and balance the complexities of foreign relations in an evolving world. In order to respect the aim of the provisions of this bill, while protecting the government's ability to conduct foreign relations, we recommend the legislative reporting requirement be replaced by a strong policy statement on human rights in the House of Commons. This statement could commit to the development of a human rights report that speaks to the ways Canada advances respect for human rights abroad, including our efforts to support the vital work of human rights defenders. Additionally, the bill calls for the minister to publish a list that sets out the names and circumstances of the prisoners of conscience detained worldwide for whose release the Government of Canada is actively working. I want to caution that this could very much endanger the safety of human rights defenders and in certain cases could cause them to lose their lives. For example, if a human rights defender is detained in a country with known reports of torture, publicizing the prisoner's circumstances could lead to retaliation from the government. Moreover, since the amendment proposed in this bill is not limited to Canadian prisoners of conscience, making known any interest in people detained in their country of origin would damage our bilateral relations and undermine Canada's ability to provide support to such human rights defenders. I recognize that during the previous debate on this bill this issue was raised, and the member of Parliament for Northumberland—Peterborough South stated he was supportive of amendments that would improve this bill. I look forward to working with him to ensure that we do not inadvertently endanger the lives of human rights defenders. Sanctions are an important tool used by Canada to address human rights violations abroad. Bill C-281 would require the Minister of Foreign Affairs to respond within 40 days to a report submitted by a parliamentary committee recommending that sanctions be imposed upon a foreign national. The Government of Canada takes the imposition of sanctions very seriously and has used the Magnitsky act and the other acts for sanctions extremely judiciously but proactively. Evaluating the feasibility and appropriateness of pursuing sanctions in response to a specific situation requires thorough and significant due diligence under the acts that govern them, including consultation, policy and legal analysis. The bill's proposed 40-day response period would be an entirely new reporting requirement for the minister and it conflicts with the standard practice for a government response to standing committees, which is 120 days for the House of Commons and 150 days for the Senate. Furthermore, it would presuppose cabinet and Governor in Council approval and risk the measures being made ineffective. Publicly announcing sanctions before they enter into force would effectively notify the targeted individual and as a result allow them to rapidly move their assets outside of Canada, which no one in this House would want. Finally, a public announcement of this nature would make it more difficult for Canada to coordinate our sanctions with our allies. That would hamper our ability to make effective sanctions, which are always more effective if we do them with our allies. We therefore recommend adjusting the minister's response so that it would acknowledge the committee's recommendation and commit to its consideration while ensuring that it aligns with current standard parliamentary response practices, protects Canada's judicious approach toward the imposition of sanctions and meets the objective and intention set out in the bill. With respect to cluster munitions, they pose an immediate threat to individuals around the world who live in conflict and post-conflict zones. In 2015, Canada ratified the Convention on Cluster Munitions and is fully compliant with the treaty. Canada implements its obligations to the treaty through the Prohibiting Cluster Munitions Act. We welcome the prohibitions to direct investments introduced in this bill, which would make it explicitly clear that it is illegal for Canadians to invest in cluster munitions. However, the bill's prohibition to indirect investments would pose challenges to enforcement, as it would potentially criminalize indirect investors, such as mutual fund holders, who may be unaware of what investments they hold. The media play an important role in transmitting ideas, especially ideas about promoting human rights. The bill recognizes that important role by prohibiting the issue, amendment or renewal of a licence in relation to a broadcasting undertaking that is vulnerable to being influenced by certain foreign nationals or entities of concern. This includes those who have committed acts that the Senate or the House of Commons has recognized as genocide or that have been identified under the Sergei Magnitsky law. Actions to protect the broadcasting system from influence are important, and we welcome the opportunity to add clarity through a thorough discussion at committee of this bill. In closing, this bill is a forward-looking effort to strengthen Canada's engagement on human rights both at home and abroad. We thank the member for Northumberland—Peterborough South for his work, and we look forward to working with him at committee to strengthen it.
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