Hon. Michael L. MacDonald: Honourable senators, I rise today to address Bill S-8, An Act to amend the Immigration and Refugee Protection Act.

The bill we have before us seeks to amend the Immigration and Refugee Protection Act, or IRPA, in order to do several things.

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.

Third, it expands the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of SEMA, the Special Economic Measures Act.

Lastly, it amends the Immigration and Refugee Protection Regulations to provide that the ministers of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under new paragraph 35.1(1)(a) of the Immigration and Refugee Protection Act.

The government has introduced these measures, among others, to respond to Russia’s bloody invasion of Ukraine. We are now entering the third month of that invasion, and we have all witnessed the horrifying scenes of Ukrainian cities and towns being destroyed and innocent Ukrainians being targeted by the Russian military.

Honourable senators, Russia’s invasion of Ukraine has forced nearly 8 million people from their homes, with nearly 7 million of them now having been forced to leave Ukraine itself. Unfortunately, that number continues to grow.

I certainly agree that this humanitarian catastrophe is something that we cannot ignore.

We have also all viewed the disturbing reports of the atrocities committed by the Russian military against civilians. I know that the images associated with these actions have shocked every senator in this chamber who have seen them.

In the face of these accounts, I agree completely with the government that those who actively support the Putin regime cannot be permitted to remain immune to the consequences of their actions.

I agree that since Canada has imposed sanctions against individuals who are part of or are supporting the Russian regime, it is logical to expand the provisions of IRPA in order to incorporate all the grounds of the Special Economic Measures Act in order to ensure that the foreign nationals who are sanctioned are inadmissible to Canada. That is to say they will be inadmissible as long as they do not claim refugee protection under the provisions of IRPA.

In this respect, I note that the Minister of Public Safety has been careful to note that:

Foreign nationals who are inadmissible to Canada due to sanctions will still be eligible to have a refugee claim considered by the Refugee Protection Division of the Immigration and Refugee Board, and will have access to a full pre-removal risk assessment.

One can readily agree that in circumstances where sanctioned individuals may have, for example, turned on the Putin regime and then arrived at a Canadian port of entry, it is wise to have some flexibility regarding their inadmissibility. However, I am concerned that, as is often the case, the supposed strong measures that the government is introducing in a piece of legislation may, in fact, not be quite as strong as they appear.

I recognize that there is jurisprudence that permits literally anyone to make a refugee claim at a Canadian port of entry, but I remain concerned that there are those who will inevitably abuse this, using it as a loophole to gain entry into Canada. Such individuals can then potentially use the slow pace of our judicial system against us in order to remain in Canada for an extended period of time.

This cautionary note aside, I nevertheless agree that the bill we have before us is at least another tool in our toolbox that we can use to sanction those who are supporters of the Putin regime and who effectively underwrite its despicable actions.

I am very heartened by the scope of measures that we are finally passing through the parliamentary process.

Just a few weeks ago, for example, I had the privilege of speaking to Senator Omidvar’s bill, Bill S-217, which would permit the repurposing of the assets of individuals and entities that have been sanctioned in connection with crimes — such as Russia’s premeditated, unjust and unprovoked invasion of Ukraine — in order, potentially, to assist the victims of such acts.

I do believe that these sorts of measures, if correctly applied — with loopholes minimized — can have an important impact. They will be particularly impactful if applied in conjunction with similar actions taken by like-minded states.

In this respect, Professor Brooke Harrington recently wrote in The Atlantic that some of Russia’s best-known oligarchs — persons Professor Harrington describes as “business figures who have built up huge fortunes, in most cases through their connections to the state” — are now calling for an end to the war.

Professor Harrington noted that the billionaire industrialist Oleg Deripaska, and Mikhail Fridman, a founder of Russia’s largest private bank, have both urged an end to Putin’s war.

She argues that such calls were directly related to the fact that oligarchs themselves have been targeted for the support they provide to the current Russian regime.

I think we have to hope that, in the long term, such emerging divisions within Russia’s elite class will start to have an impact.

What I only wish is that, collectively, the West had been more effective and proactive before the current phase of the conflict between Russia and Ukraine erupted this past February.

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What I lament in relation to Ukraine is that our responses have really been behind the curve. We need to remember that Vladimir Putin’s invasion of Ukraine really began in 2014, when Crimea was seized from Ukraine in complete violation of international law.

While I think the previous government did its best to respond decisively to that invasion — for instance, by leading the charge on expelling Russia from the G8 — the West’s collective response was less than effective, and herein lies the problem.

We are often reluctant to respond strongly to events that do not remain front and centre in the news. When such events fade from the headlines, so too does our interest. We can see that today through our completely ineffective response to the genocide in the Xinjiang region of China and to the Chinese government regime’s repeated threats to invade Taiwan. But neither of these events are front and centre in the news. We have few images of Chinese concentration camps, so our response peters away to ineffectiveness.

On the question of China, of its threats against Taiwan, its genocide and its continued support for Russia, our government remains far behind our allies in responding decisively to this growing threat. I want us, as a country, to be able to move beyond simple virtue signalling when a crisis suddenly erupts and when it is already too late. As a country, we must have a more strategic, decisive and effective international policy.

The bill we have before us today is a reactive measure. Given the threat that we all face in Ukraine, I support this measure for what it is, and I agree that it is needed. But, going forward, I do call on the government — and all of us in this chamber — to do better.

I believe that in today’s more threatening global environment, doing better is now an imperative for everyone’s national security. I encourage honourable senators to get this bill to committee as soon as possible so Parliament can expedite passage of this legislation.

I’m not sure if Senator Harder and I have been sanctioned by the Russians yet, but I suspect we will be now.

Thank you, colleagues, and let’s get this bill to committee.