44th Parl. 1st Sess.
December 12, 2022 11:00AM
- Dec/12/22 12:36:31 p.m.
- Watch
- Re: Bill S-8
Mr. Speaker, I will be splitting my time with the wonderful member for Medicine Hat—Cardston—Warner.
It is always a pleasure to rise in this chamber to speak to legislation. Today, we are talking about Bill S-8 to ensure that foreign nationals who are subject to economic sanctions are not able to enter our country.
Since we are also talking about human rights, I did want to take a moment to address an incident that happened this weekend to a very important person to Parliament, Irwin Cotler, who was at the premier of a documentary of his life and tireless work for human rights across the world. He was openly harassed and criticized at this event, which disrupted it and made quite a mockery of the whole thing. It made people very uncomfortable. Everyone should be open to public criticism and debate, as Mr. Cotler has always been and has never shied away from, but we are losing our decency as a society if we think it is acceptable to treat fellow humans this way.
In many circumstances, criticisms of accomplished Jewish people are often rooted in some form of anti-Semitism. It is okay for us to disagree with each other and we should encourage that at all times, but free speech also comes with a responsibility to treat one another with respect and decency.
We are now 10 months into Russia's war of aggression in Ukraine, but it was back in 2014 when Russia took actions and annexed Crimea. This egregious step was a blatant violation of international law. These attacks have caused the widespread devastation of Ukrainian infrastructure and property and the deaths of a number of civilians, notably women and children. These actions are a continuation of accelerated aggressive steps taken by Russia against Ukraine, and they threaten the international rules-based order. Canada responded, in part, through the use of economic measures, as did many of our allies. These sanctions are contained in the Special Economic Measures Act, and they affect about 1,000 individuals in Russia, Ukraine and Belarus.
The bill we have before us seeks to amend the Immigration and Refugee Protection Act, or IRPA, as we just heard the minister refer to it, in order to do several things, as I understand it.
First, the bill seeks to reorganize existing inadmissibility provisions relating to sanctions in order to establish a distinct ground of inadmissibility based on sanctions that Canada may impose in response to an act of aggression.
Second, it proposes to expand the scope of inadmissibility based on such sanctions to include not only sanctions imposed on a country, but also those imposed on an entity or a person. This is important given we have listed individuals as part of our economic sanctions, not just countries.
Third, it would expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act.
Last, it would amend the immigration and refugee protection regulations to provide that the Minister of Public Safety and the Minister of Emergency Preparedness, rather than the immigration division, will have the authority to issue a removal order on the grounds of inadmissibility based on sanctions under a new paragraph of the Immigration and Refugee Protection Act. That will provide Canada with the needed ability to better link government action with economic sanctions for those who are seeking to come into Canada and experience a wonderful life here.
The Immigration and Refugee Protection Act defines when a person is inadmissible to Canada and establishes the applicable criteria for all foreign nationals and permanent residents who seek to enter or remain in Canada. However, its inadmissibility provisions do not align with the basis for imposing the majority of economic sanctions. This means that an individual who has been sanctioned economically can still show up to Canada and claim refugee protection. They are then able to be here in Canada to experience the life we have built. This is quite clearly a loophole that undermines confidence in our system and laws, and Canadians will not accept that these sanctioned individuals get to remain in Canada.
This loophole matters not only to Russian actors. Let us not forget about other countries with citizens who have been subjected to some of these sanctions: Belarus, Myanmar, South Sudan, Syria, Venezuela, Zimbabwe, North Korea and, of course, Iran.
With Iran, I will also mention that we should be doing much more than we are. We just heard an exchange between members of the opposition and the minister on that front. It is important to list the IRGC as a terrorist organization. That was the will of the House constituted back in 2018 and was again reaffirmed by the House just recently. We must act much more forcefully with respect to the IRGC. Canadians expect that of us.
Canada is often behind when it comes to some of these international actions. This is becoming part of our international reputation, and it is not a good one. We have been late with Magnitsky sanctions. We often wait to see where the political winds are blowing. We are too careful not to offend anyone.
Let us consider the government's official response to the Iranian protests, as we have discussed, or the treatment of the Uighur population by the Chinese Communist Party. We have been calling on the government to do more and it continually shies away from its responsibility. We are not being taken as seriously by the international community as we once were.
All too often, Canada's position is not substantive and not principle-based. It is slow to act, and often with half measures. Take, for example, the government's frenetic position on China. If we do not like the government's policy on China, we just have to ask another minister and we will eventually get the answer we like. Often the government is caught without a plan and requires significant public shaming to get some action.
Let us take, for example, the international commitment to fight money laundering through introducing a beneficial ownership registry and regime. This is exactly connected to preventing individuals who are sanctioned economically from hiding their assets across the world. Canada has one of the weakest laws for identifying assets in beneficial ownership. We are one of the only countries that has yet to introduce the beneficial ownership registry. The government promised to do it all the way back in 2019, then it said it would not get to it until 2025. Now it says that it will be bringing it in at the end of next year, but we are still waiting to see the legislation.
Yes, the government has agreed to fast-track it, but there is still much more to do. All the other countries are moving so much further ahead of us when it comes to fighting global money laundering. Again, it is connected to this legislation because these individuals have assets all across the world. It might be the case that we will not allow sanctioned individuals to come into Canada now, but those individuals could still hide their assets here because we do not have a way of finding out who owns what in our country. We need to do much more, much more quickly on this front.
Once again, the government says all the right things, but fails to execute on much of it. Yes, we see some action here, but I guess, as the saying goes, a broken clock is right at least twice a day.
I look forward to the committee discussions on Bill S-8. It is important legislation. We have already heard members in the chamber on the opposition side ask why it is taking so long. We look forward to moving the legislation through to committee, addressing perhaps some of the amendments that were brought forward by the NDP. It is an important step for our country to put in place measures that make it harder for individuals who have violated human rights and international laws to come here, to remain in a wonderful country that we have built and get the advantages of the political and legal systems that we have built.
It is with great pleasure that I speak in favour of the legislation and I look forward to it going to committee.
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- Dec/12/22 12:48:10 p.m.
- Watch
- Re: Bill S-8
Mr. Speaker, I rise today to address Bill S-8, an act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the Immigration and Refugee Protection Regulations. The bill before us seeks to make several changes to the Immigration and Refugee Protection Act.
The bill proposes to reorganize existing inadmissibility provisions relating to sanctions. This proposal is to establish a distinct ground of inadmissibility based on sanctions that Canada may impose in response to an act of aggression.
When Russian dictator, Putin, invaded Ukraine, the world watched in horror. A democratic country, in a region of the world where I and so many other Canadians have family roots, was being shelled and attacked with hostile aggression.
Since the invasion of Ukraine commenced in February, the Government of Canada has imposed sanctions under the Special Economic Measures Act, also known as SEMA, on over 1,000 individuals in Russia, Ukraine and Belarus. However, these sanctions on their own were not grounds that would have been enough to prevent those friends of Putin from gaining citizenship, permanent residency or refugee status in Canada. Bill S-8 serves to correct that loophole.
Bill S-8 also proposes to expand the scope of inadmissibility based on such sanctions. It recommends to include not only sanctions imposed on a country, but also those imposed on an entity or a person. Such sanctions are becoming more and more common as we see dictatorial governments where the citizenry need not be held accountable for the tyrannical actions of the dictator in charge.
The sanctions against the country, although beneficial to show Canada's opposition to the actions of a rogue government and practicality, have the largest negative impact against those citizens. It is those citizens who now will bear the weight of a corrupt dictator and face the unintended impacts of our sanctions.
Bill S-8 would also expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of SEMA, the Special Economic Measures Act.
It would also amend the Immigration and Refugee Protection Regulations to provide the Minister of Public Safety and Emergency Preparedness, instead of the immigration division, to have the authority to issue a removal order on grounds of inadmissibility based on sanctions under the new paragraph 35 of the Immigration and Refugee Protection Act.
This gives me pause. I understand the value of having the ability to have the Minister of Public Safety step in and become involved should the situation warrant it, but the current minister is certainly not a beacon of responsibility, accountability and trust.
Let us not forget that it was the current Minister of Public Safety who, in his previous position as the minister of immigration, was responsible for failing to protect the Afghan interpreters that Canada relied upon in the war in Afghanistan.
Let us not forget that it was the current Minister of Public Safety who introduced the strongest emergency legislation in Canada against his own citizens when he invoked the Emergencies Act to avoid meeting with freedom convoy organizers who came here to be heard by the government.
Let us not forget that it was the same minister who was having his Liberal colleagues turn Bill C-21 from a ban on law-abiding handgun owners and sport shooters into an all-out targeting of hunters, farmers and indigenous Canadians.
If I were to go through all the failures of the current Minister of Public Safety, I would need more time than I have, but I know my colleagues are eagerly waiting to speak. I can take solace in knowing that the powers in this legislation will belong to a Conservative Minister of Public Safety after the next election, but I digress.
Currently the laws of Canada do not directly specify that international sanctions are a basis upon which we can reject permanent residents, citizenship or refugee applications. We do have faith in our bureaucracy to make the decisions that need to be made to protect Canada and the enjoyment of citizenship, permanent residency or refugee status. This new framework would provide it the ability to make clear and direct decisions that would completely implement the will of Parliament and fully utilize existing laws, like the Justice for Victims of Corrupt Foreign Officials Act, also known as Canada's Sergei Magnitsky law.
Bill S-8 also practically ensures that no sanctioned individual could appeal the actions taken against them and their application for citizenship, permanent residency or refugee status due to the vagueness of the laws. Without Bill S-8, the bureaucracy could not simply disallow an application on the grounds of the applicant being a sanctioned individual. Now they need to go through a more untraditional process of excluding them for the actions that put them onto the sanctions list, which can lead to vagueness in the rejection.
We know these sanctioned individuals typically are coming to Canada with ill-gotten gains. They therefore have the means available to them to hold up the process, litigate the decisions and not only tie up our courtrooms and appeal processes from those deserving of them, but also cost the Canadian government and taxpayers time and money dealing with these processes.
I am glad the government has finally taken the time in the House to implement the Magnitsky act in a manner that would give it some teeth. Conservatives are supporting this bill. We have always strongly supported sanctions against individuals, entities and countries that threaten the national interest or international law. We have been critical of cases where individuals with ties to prescribed organizations, but who are not necessarily on a terrorist list, have been allowed entry to Canada. We have always put the national interest first with respect to questions of citizenship and immigration. Conservatives have strongly supported the Magnitsky act.
Canadians should not worry sanctioned individuals are seeking to enter our communities when so many legal, law-abiding applicants are waiting to immigrate. Our allies must also be assured we will uphold our sanctions.
In closing, this legislation was introduced, as was mentioned previously, in the Senate in May of this year. It was passed through the Senate in under a month. That is including first reading, second reading with debate, committee stage, the report stage and the third reading with debate.
The Liberal government introduced Bill S-8 to the House of Commons on October 4, and now, on December 12, it finally gets floor time. We wonder why it took the Liberals so long to close this gap in our immigration law. What has been the hold up? It would seem the Liberals have run out of debt-inducing legislation and have decided to use these final few days before Christmas to move forward with the legislative priorities of Canadians.
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- Dec/12/22 1:31:26 p.m.
- Watch
- Re: Bill S-8
Mr. Speaker, it is always a great honour to stand in this place to speak on behalf of the residents and constituents of Edmonton Strathcona. I am particularly delighted to stand today to speak about our sanctions regime and the work that needs to be done to strengthen it and ensure it is as adequate and as strong as it can be.
We know that sanctions are one of the tools we have to hold governments and individuals around the world to the rule of law, to human rights, to democracy and to fairness and justice for their citizens. For a very long time, many members in this place have worked very hard and well together to try to increase the effectiveness of our sanctions regime and the ability of sanctions to do what we hope they will do, which is to change the course of governments and individuals, to change their behaviour and punish them for the harms they have caused without harming and punishing innocent people and citizens.
The act we are debating today is Bill S-8. This act would amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the Immigration and Refugee Protection Regulations.
The proposed legislation amends the Immigration and Refugee Protection Act, or the IRPA, and it provides Canada with much-needed abilities to better link government sanctions with authorities related to immigration enforcement. I think we can all agree that this means that not only will foreign nationals sanctioned due to the invasion of Ukraine be inadmissible to Canada, but it will also stop all previously sanctioned individuals from places like Iran, Myanmar or Burma, South Sudan, Syria, Venezuela and Zimbabwe among others.
I and the NDP are very supportive of the bill, but we need to consider, and most of my comments today will be on this, that this is a small piece of what needs to be done to strengthen Canada's sanctions regime.
The bill would not fix some of the things for which we have been calling for some time; for example, the absence of parliamentary oversight. We have very little parliamentary oversight of our sanctions regime, and I will speak to that a bit later.
This would also not fix the enforcement in areas that are not immigration related, for example, the seizure of assets. Again, I will speak to this in more depth later on, but I would raise again in the House that to date about $121 million has been seized from Russian oligarchs as part of our sanctions regime to force Russia to stop its illegal war in Ukraine. While that $121 million is an awful lot to me and probably an awful lot to most of us in this room and in the country, it is not an awful lot for Russian oligarchs.
The bill would also not fix the challenge that we as parliamentarians have with clarity. We still do not have a good system in this place that explains why the government chooses to add some people to the list to be sanctioned, how those decisions are made and how the timing of those decisions is determined. We know we work with our allies and other countries. That is very important for sanctions to be effective. However, as parliamentarians, we need to have more clarity on how those decisions are made.
As we go forward in looking at strengthening the sanctions regime, there are people in the House who have been doing very important work on this. I have to call out my colleague from the Conservative Party, the member for Selkirk—Interlake—Eastman, for his excellent work on the Magnitsky sanctions. The Deputy Prime Minister also did great work on ensuring the Magnitsky act was put in place. Of course, as some people have mentioned before, and my colleague from the Bloc mentioned just previously, the challenge is that putting a law in place does not actually matter if we do not enforce it or if we do not ensure it is adequately applied.
A perfect example of this is that with the Magnitsky sanctions, we are supposed to do a five-year review. Five years is 2022. There is some review being done in the Senate, but we have not done any review within the foreign affairs committee or within this Parliament. For me, that is the challenge we have.
I spoke briefly about the need to strengthen our sanctions regime. For years, the NDP has been pushing for a stronger sanctions regime. We are happy to see some of the important changes that this bill would bring forward, but there are things we have been asking for for years, including in the 2017 foreign affairs committee study on Canada's sanctions regime. Many of the recommendations from that study have not been implemented. We look forward to the government moving somewhat faster than it has to date to make sure those are implemented, especially considering that right now what we are seeing in Ukraine is a vital need for sanctions to be a key piece of our response to the Ukrainian war.
Another example of why our sanctions regime has not been as effective as it could be is the waiver. We saw the government in the summer, in the middle of July, put a waiver in place that would cancel some of the important sanctions we put in place against Russia. I am not going to stand here and pretend that would not have been a very difficult decision for the government to make. Our German allies and Ukrainian allies were asking for different things, and that is a very difficult situation to be in. While I did not agree with the decision that was made by the government, I do accept it was a difficult decision to make.
That said, first of all, the pipeline the waiver was supporting was a piece of equipment returned to Germany to be returned to Russia, and Russia did not pick it up. The second thing is that the pipeline it was meant to be used on has now been blown up. There is no reason whatsoever for us to still have this waiver in place and still have this lessening of our sanctions against Russia, yet we still do.
The Government of Canada has still not cancelled the waiver, which is appalling. It is something it should be doing immediately. I know the foreign affairs committee will be recommending that, if we can get out of the filibuster that has been put in place by some of our colleagues in the Conservative Party.
The other piece of our sanctions regime that I want to know about is how we can double-check it to see that what is happening is adequate and being done properly. I have talked a bit about sanctions oversight, and we know that after Russia invaded Ukraine in February, sanctions were put in place. However, we also know that those sanctions trickled out after months and months. We learned that many oligarchs had the opportunity to move their assets from Canada so they would not have those assets seized. That is a missed opportunity since those assets were supposed to help rebuild Ukraine and help with the rebuilding initiatives.
We also know that the government has failed to provide the clarity on sanctions that we have hoped for. For example, I have asked about this multiple times in the House and through Order Paper questions to get more information and details on who is being sanctioned, what is being sanctioned, what has been seized, how it is being seized and what processes are being used. However, I have never been able to get an adequate answer from the government.
In fact, one of the Order Paper questions was returned to me with a response that said the government was not 100% sure that it would be able to give me accurate information, so it provided me with no information at all. That is an interesting tactic. I would love to see somebody try to say in a high school or university course that since they are not sure they are giving all the information, they will give none at all. That is something we have problems with. We still do not have that level of clarity.
I have another concern. When the government introduced the last budget implementation act, there was a change to the way that sanctions were dealt with. In the past, there was parliamentary oversight because the government needed to record the use of the sanctions regime or the sanctions act and needed to report it to Parliament. It needed to be tabled with Parliament.
In the Budget Implementation Act, that requirement was removed. Therefore, it is now no longer the government's obligation to tell Parliament what those sanctions are or what has been seized. We could find out if we took the government to court and used a judicial remedy, but we cannot find out just through parliamentary processes.
This is taking away the right of all parliamentarians to have that transparency and to have that understanding of how our sanctions are being chosen, how they are being enforced and if they are working. A sanction is not that useful if it is not being enforced. A sanction is not that important if countries or individuals understand that it will not be enforced in Canada.
There is an interesting thing I found out as I was doing some digging around sanctions. If we want to find out what goods are coming into Canada from Russia, we can look at Russian shipping records. We cannot find that out by looking at Canadian shipping records.
It is very interesting to me that there is transparency that can be found in the U.S., the U.K., the EU and Russia, but we cannot find it here.
That is another challenge I have with our sanction regime. As I said at the beginning, this particular bill would help with some aspects of our sanction regime. I am very happy to support this legislation. I am very happy to see that it would be fixing some of those holes around our sanction regime. However, this seems very much, to me, like tinkering around the edges.
We have heard from the Senate. One of the key quotations from the Senate hearings on Bill S-8, from Canada's foremost expert on sanctions policy, Andrea Charron, was this:
While there is nothing wrong with highlighting in the Immigration and Refugee Act that inadmissibility due to sanctions is possible, this repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues. If we are to continue to sanction autonomously with allies, we need to fix fundamental issues of policy and [fundamental issues of] process.
I believe that we have many things we still need to do. We need to have a comprehensive review of Canada's sanction regime. The NDP has proposed a study at the foreign affairs committee on Canada's sanction regime. That study was meant to have taken place during this fall's session. We are very hopeful that it will take place very quickly once the winter session begins. I urge my colleagues in the Conservative Party to stop filibustering our committee so that we can get on with the very important work of foreign affairs.
We can ensure that our sanctions are being more effectively applied. We can bring forward legislation that would align with the recommendations in the 2017 foreign affairs committee report that called for greater transparency. It called for a review of our sanctions regime and called for a parliamentary body of all parties that would assist in identifying which names and which individuals should be on the Magnitsky list and should be sanctioned by the Government of Canada.
One of our biggest problems, and I have said this many times, is that if we cannot fix our sanction regime, our sanction regime very quickly becomes not as effective and not as useful as we need it to be.
I think that members of the House have brought up circumstances where that is the case. We know that, for example, in Ukraine, sanctions are one of the key tools we have to hold Russia to account for its illegal invasion in Ukraine. It is one of the key levers that Canada can pull to force the Russian Federation to rethink this horrific and illegal attack on civilians.
It is also one of the things that we can use when other human rights abuses are raised around the world. We are seeing horrific attacks on protesters in Iran. Just this morning, I woke up to another horrific example of a protester being executed because he was fighting for his freedom. We know that there are many Iranians who are in grave danger right now. If this sanction regime can be fixed and can help the people in Iran even a little bit, it has to be done.
I am interested in looking at sanctioning a whole range of characters around the world who we know have been responsible for atrocious human rights abuses, such as what we see in Yemen and from members of Saudi Arabia. We need to be ensuring that, as a country, we are standing up for human rights, using the tools we have at our disposal for those efforts.
I also want to point out that the sanctions regime is a tool we also have to use for our feminist international assistance policy and for the feminist foreign policy that we certainly hope the government tables in Parliament very soon. We know that a huge percentage of the people who are identified by the Magnitsky sanctions and the other SEMA sanction measures are perpetrating human rights abuses that are disproportionately impacting women and girls around the world. We know that sexual violence and gender-based violence have been used as a tool to silence journalists and human rights defenders around the world. We know that rape has been used. This violence does not align with a country like Canada, which has a feminist foreign policy and a feminist international assistance policy, and we need to be looking at our foreign responses through that lens.
I would like to end my comments with this. As I was travelling here from Edmonton yesterday, I took some time to read some of the speeches from the Nobel Peace Prize winners, and I want to read a quote to the House. It is by Oleksandra Matviichuk from the Center for Civil Liberties, the 2022 Nobel Peace Prize winner. She spoke to me about the need for sanctions and why it was so important that we work with our allies to make our sanctions regime stronger.
She stated:
Peace, progress and human rights are inextricably linked. A state that kills journalists, imprisons activists, or disperses peaceful demonstrations poses a threat not only to its citizens. Such a state poses a threat to the entire region and peace in the world as a whole. Therefore, the world must adequately respond to systemic violations. In political decision-making, human rights must be as important as economic benefits or security. This approach {must} be applied in foreign policy...
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- Dec/12/22 1:55:32 p.m.
- Watch
- Re: Bill S-8
Mr. Speaker, I will repeat myself, as I have said it many times already, but it is very important that the members of the IRGC who are responsible for the human rights abuses against their citizens be held accountable and that they be sanctioned. It is also important that we do everything we can to ensure they cannot come to Canada, that their assets are seized and that they be expelled from Canada.
I am very concerned as well about the potential for innocent people to be harmed by sanctions. We have seen that happen in Iran before and I, for one, will do everything I can to ensure those who are guilty are held accountable and those who are innocent do not have to pay that price.
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