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Decentralized Democracy

House Hansard - 200

44th Parl. 1st Sess.
May 18, 2023 10:00AM
Madam Speaker, I am pleased and honoured to speak to Bill C‑281. I would like to congratulate the member across the aisle, the member for Northumberland—Peterborough South, for introducing the bill. Bill C-281, the international human rights act, is now at third reading. Canada is steadfast in its commitment to uphold human rights, both at home and abroad. We consistently look for opportunities to bolster commitments, add to our robust foreign policy tool kit and better address human rights crises wherever they are. We protect those people who are in vulnerable and marginalized situations and, ultimately, advance respect for human rights globally. I am pleased to have the chance to discuss Bill C-281, which seeks to amend four instruments. The first is the Department of Foreign Affairs, Trade and Development Act, which establishes the federal department known as Global Affairs Canada. The second is the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky Law, which allows the government to impose sanctions against individuals responsible for gross human rights violations. The third is the Broadcasting Act, which gives the CRTC the authority to regulate broadcasting in Canada. The fourth is the Prohibiting Cluster Munitions Act, which implements Canada's commitments under the Convention on Cluster Munitions. The purpose of the bill is to further promote, protect and advance human rights internationally, a purpose the government is also strongly committed to. During debate at second reading, many of my colleagues from all parties, including the sponsor of the bill, noted and identified that the initial draft of the bill contained several aspects of important concern. It was in the spirit of this multipartisan support for human rights that the bill was agreed to and referred to the House of Commons Standing Committee on Foreign Affairs and International Development. The hope and the goal were to see that, through expert testimony from witnesses representing the implicated departments as well as civil society, along with the diligent work of committee members, key improvements could and would be made. As a member of the foreign affairs committee, I was entitled to attend several meetings over the span of more than a month, and we worked hard on this task. I would like to thank all colleagues on the committee, including the sponsor of the bill, witnesses who testified and department officials who gave their time and studied the bill, for the contribution and efforts that they all made. As a result of the proposed amendments at committee, members of all political affiliations have strengthened the bill. The amendments address many of the issues raised in the original drafting. While these changes have made substantive improvements, I would like to expand upon some remaining concerns as well as highlight some areas that could use further refinements. The first concerns the Department of Foreign Affairs, Trade and Development Act. On this particular item, Canada strongly supports the vital work of human rights defenders to advance respect for human rights, as well as strengthening the rule of law. Bill C-281 would introduce new reporting requirements for the Minister of Foreign Affairs. It would also require an annual human rights report that outlines the Government of Canada's efforts to uphold its commitments to human rights globally, which would include support for human rights, particularly a list detailing activities undertaken by Canadian officials to secure the release of persons identified as prisoners of conscience. While this would be a new initiative for the minister and for Global Affairs Canada, it would also be the first time, the first moment, that such a reporting requirement would be mandated under the act. It would also align well with the government's established priorities. Such a report would help demonstrate Canada's robust engagement on human rights and would create space for greater transparency. It would also create accountability for our actions, particularly Canada's advocacy on behalf of prisoners of conscience, who can range from those with Canadian citizenship to those with no connection to Canada but with causes that are crucial to Canada's interest. That said, the personal safety, security and privacy of all persons must be paramount. The government must ensure that, at all times, it is able to continue to act in the best interests of Canadians. Publicizing a list within the report that includes the names of prisoners of conscience, as well as the circumstances of their detention and the government's efforts to engage with them and on their behalf, could have serious consequences. These are people whose cases the government is actively working on. The consequences could include undue harm to the individual detained, and none of us want to see that. To ensure that the value of “do no harm” is respected, any information in the report that could endanger the personal safety and security of a person should not be made public. Numerous witnesses have testified to exactly this point during committee proceedings. Committee members have also opined on this exact item, saying that there is need for discretion in this regard. While the proposed exemptions provide considerable reassurance that the minister will be able to respect the wishes of these individuals and act in their best interests, the requirement to produce a list of prisoners of conscience remains a concern, particularly for Canada's ability to pursue effective, quiet diplomacy and coordination with other countries on particular files and cases. Careful implementation will be key. Additionally, Canada must ensure that it can continue with its efforts to more broadly advance human rights internationally. We must ensure that Canadians abroad can count on consular support and diplomatic advocacy, if needed, through established bilateral relations with countries at all corners of the globe. An amendment introduced by the committee also added a legislative requirement for the minister to produce a government-wide international human rights strategy. While the idea has merit, and the government is committed to working with all parties in the House on advancing human rights around the globe, we support the ruling made earlier that such a proposal went beyond the scope of the bill as agreed to at second reading, especially given the substantial financial and human resources that would be involved to develop and maintain such an effort across the whole of government. Next, this bill seeks to amend the Justice for Victims of Corrupt Foreign Officials Act, or the Sergei Magnitsky Law. Sanctions are an important tool used by the Government of Canada to address human rights violations and must be used when appropriate. In this respect, amendments to this bill, supported by all parties, were appreciated. They included ensuring that timelines for responses by ministers to reports by committees, as proposed under the act, remain consistent with established practices specified in the Standing Orders or rules of the Senate. The amendments also included changes to avoid inadvertently giving individuals or entities a heads-up that such consequences as sanctions may be coming their way. With respect to the Prohibiting Cluster Munitions Act, Canada is a proud signatory and fully compliant with the Convention on Cluster Munitions, underscoring our continued commitment to the eradication of these deadly weapons. While we are supportive of including language that would seek to explicitly prohibit investments in cluster munitions, we remain concerned about the current wording of the bill. We continue to believe the bill would be stronger if it incorporated an element of intent. This would ensure that innocent investors, such as pension beneficiaries or mutual funds holders, would not be held criminally liable for the actions of professional investment managers who knowingly finance the production of these terrible and vile weapons. While all parties acknowledged this challenge, unfortunately, the committee was unable to revise the language to address this concern in a way that preserved Canada's steadfast stance against the financing of cluster munitions. This is an area that needs to be addressed as the bill continues through the legislative process. Finally, the Broadcasting Act is also touched upon in this bill. There are some important vehicles for the transmission of ideas. Bill C-281 recognizes the important role of prohibiting the issuance or renewal of broadcasting licences to broadcasters. I am sure others will be able to contribute to this debate. I would like to thank members and all those who have contributed to this discussion. I hope that we can make this legislation improve upon the good intention behind this bill.
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