Hon. Leo Housakos (Acting Deputy Leader of the Opposition): Honourable senators, as you know, October is Autism Acceptance Month in Canada.

Autism is a lifelong neurodevelopmental spectrum condition that affects 1 in 50 Canadian children aged 1 to 17 years. Bill S-203, which received Royal Assent earlier this year thanks to all of you, is an important step in ensuring a brighter future for autistic Canadians, their families and caregivers.

As we move forward, I am pleased to see more autistic individuals being included in the conversation about autism and acceptance, which was one of the biggest takeaways from our study on Bill S-203. However, the involvement of autistic individuals is crucial in terms of research to better inform on what questions and priorities are most relevant and urgent. Solutions need to be developed and knowledge generated that respond directly to the needs established by the community.

One organization doing just that is the Transforming Autism Care Consortium, or TACC, a research network that connects and mobilizes Quebec’s strengths in autism research to improve the quality of life of autistic people and their families. The goal of TACC’s team of 80 researchers and more than 350 professionals, clinicians, autistic individuals and their families is to accelerate scientific discovery, build capacity and integrate evidence into practice and policy.

I also want to take this opportunity to draw attention to another pillar of the autism community in my hometown of Montreal: Giant Steps. Giant Steps — a leader in education, community training and advocacy for the lifelong inclusion of autistic individuals in all sectors of society — recently inaugurated a $54-million state-of-the-art facility to meet the changing lifespan needs of autistic individuals, their families and professionals in the field. Senator Boehm and I had the privilege of visiting that wonderful centre.

Home to many firsts since 1980, Giant Steps, which I know very well, is a shining example of many stakeholders coming together from both the public and private sectors to envision a more inclusive society and take concrete actions to achieve it.

A little more than a year and a half after being announced, the Giant Steps Autism Centre opened its doors in September to more than 250 autistic individuals, teachers, educators, researchers and staff members. Unique in Canada, the centre is already attracting worldwide attention and recently hosted a visit by the Belgian government, which was looking for inspiration as they plan to build an autism centre of their own in the next few years.

I’d like to close by saying that this month of autism acceptance is about the importance of respecting and celebrating everyone’s individuality, creating pathways for growth and success, and promoting meaningful inclusion for all individuals. I look forward to seeing a Canadian national autism strategy where all Canadians will be able to flourish and receive consistent services, from coast to coast to coast.

Thank you.

Senator Housakos: Absolutely.

Senator R. Patterson: This is specifically related to the “prohibiting cluster munitions” element of the act. I think this act is very supportable, but I am struck by our last speaker, who talked about our Ukrainian heritage and our support for Ukraine. While we understand that Canada will not use cluster munitions as part of how we move forward in defence, we are also supporting nations who are using cluster munitions, such as Ukraine.

How prescriptive is the act in terms of accountability provisions for those countries that do use cluster munitions? Right now, we have a bit of a balancing act to do. Thank you.

Hon. Leo Housakos (Acting Deputy Leader of the Opposition) moved second reading of Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act.

He said: Honourable senators, today I rise to speak about Bill C-281, the international human rights act.

This bill was authored and introduced in the other place by my Conservative colleague Philip Lawrence who is the Member of Parliament for Northumberland—Peterborough South. I want to commend MP Lawrence for bringing this bill forward, and for his commitment to upholding human rights around the world. This bill will strengthen Canada’s ability to say that we are walking the talk on upholding and promoting human rights on a global scale — a cause that resonates to the core of our Canadian values.

Bill C-281 has several provisions, including amendments to the Sergei Magnitsky Law, the Department of Foreign Affairs, Trade and Development Act, the Prohibiting Cluster Munitions Act and the Broadcasting Act. Each provision addresses a gap in Parliament’s ability to hold the government accountable in Canada’s defence of human rights around the world, a cause that I’m sure senators can agree transcends party lines and the government of the day.

Let me first speak to the amendment to the Justice for Victims of Corrupt Foreign Officials Act, colloquially referred to as the Magnitsky Act. The Magnitsky Act equips our government with another tool to levy sanctions against human rights violators. However, I am disappointed to say that this tool has not been utilized as effectively as it could and should be, especially in recent years. Astonishingly, not a single entity or individual from China, for instance, has faced sanctions by Canada under the Magnitsky Act, despite repeated calls for such actions.

Take the situation in Hong Kong, a glaring example of why Bill C-281 is so necessary in today’s world. The ongoing human rights crackdown in Hong Kong, as senators know, continues despite repeated calls for the regime in Beijing to uphold its commitment to “one country, two systems.” We have seen ample evidence and many accounts of the situation on the ground in Hong Kong, but the current government has yet to lay sanctions on any official, whether it be a Hong Kong official or a PRC — People’s Republic of China — official. That’s despite many of those officials having ties to Canada, whether through property ownership, family members holding Canadian passports or having been educated here.

Simply put, no one has been held accountable by our country for the human rights abuses happening in Hong Kong.

What Bill C-281 seeks to do in amending the Magnitsky Act accomplishes two things: allowing parliamentary input and providing parliamentary oversight. Essentially, it will create a mechanism through which parliamentarians will be able to recommend foreign officials, like those involved in human rights violations in Hong Kong and other places in the world, to be included on sanctions lists.

That is something I had tried to do with my own bill amending the Magnitsky Act, but it can be done with this one instead. It is all the same to me.

Part of the rationale for this measure is that parliamentarians are in touch with human rights organizations and NGOs in a way that the ministers of the day might not be. It is therefore logical that parliamentarians should be able to recommend individuals for sanction to the minister.

It is important to note, however, that the minister is not obligated to comply with such recommendations. The minister remains free to accept or refuse those recommendations — and here is where the second part comes in — but they will have to provide an explanation why. It has been the tradition of this country that ministers are individually accountable to Parliament for their own actions and those of their department.

The amendment proposed in this bill will ensure that, within 40 days of either the House of Commons or Parliament passing a motion to sanction an individual or a group of individuals, Global Affairs Canada, or GAC, will have to report back to Parliament. This would enforce a greater and, I believe, more reasonable degree of accountability. If, in fact, either the Senate, the House of Commons or both have deemed that Magnitsky Act sanctions should be enforced, it is not unreasonable for Global Affairs Canada to come to a parliamentary committee and explain why they have determined otherwise.

To be abundantly clear, I want to reiterate that this amendment to the Magnitsky Act does not force GAC to take orders from Parliament regarding sanctioning. We, as parliamentarians, appreciate that there might be other considerations to be made in issuing such sanctions and do not want to be seen as impeding or interfering with the work of government.

As I said at the start, this amendment simply allows parliamentarians to have input and to be provided an explanation when that input is not acted upon. Colleagues, this isn’t about ego, a power struggle or some belief that parliamentarians know better than everyone else. I certainly do not believe so.

The author of this bill and I, as its sponsor in the Senate, genuinely believe that this measure of reporting and accountability will result in the sanctioning of more human rights abusers around the world in a more efficient and effective process. I think that’s everyone’s goal.

In the initial months after the Magnitsky Act came into force in Canada, we sanctioned a flurry of individuals in Myanmar, Russia and Venezuela. Since then, we have had very little activity from the government on that front. In fact, no one has been sanctioned under the Magnitsky Act since that initial flurry.

We want to put this reporting and accountability mechanism in place to encourage the government to utilize the tools it has to sanction those individuals who are committing the vilest of crimes and human rights atrocities around the world. If they aren’t utilizing those tools, we should know why so we can fix whatever needs to be fixed.

Another accountability provision in this legislation also places certain reporting requirements on the Minister of Foreign Affairs in relation to the work being done by our government in protecting international human rights, requiring the publication of a report outlining those activities. Initially, this provision called for the report to include the names and circumstances of individuals that the Canadian government and Global Affairs Canada are advocating for and working to get released.

However, to address concerns that such a disclosure could actually place some of these individuals or their families in harm’s way, an amendment was adopted at committee in the other place that gives the minister discretion regarding the disclosure of those names. The bill now states that the minister must make all reasonable efforts to consult with family members or representatives of the prisoners of conscience, and may decide not to include certain information in the list if a person consulted by the minister requests that the information not be included or the minister is satisfied that not including it would be in the best interests of the advancement of human rights or the personal safety of the prisoner.

That amendment was adopted in the spirit that, again, these reporting obligations are not in any way meant to restrict or obstruct GAC and the important work it does. Rather, it is designed to support the department.

We believe it will ensure that NGOs and the public will be better positioned to pressure governments around the world to release prisoners of conscience — people who are being held simply because of the beliefs and thoughts they have about the betterment of their countries. They are people who are fighting for human rights, freedom of expression and freedom of speech.

By raising public awareness in Canada and abroad about the incarceration and, sometimes, sadly, the torture of prisoners of conscience, we can give those people hope. More importantly, we can help drive out that evil, leading to the freedom of prisoners of conscience and advocates of democracy, women’s rights, LGBTQ2 rights and freedom.

The next provision of this bill restricts investments in companies that violate human rights or exploit developing nations with respect to cluster munitions. These provisions underscore our commitment to upholding international standards, our responsibility that we have previously passed on the matter and international treaties to which we are signatories.

Considering that the United States is not a signatory to the Dublin Convention and does, unfortunately, manufacture these types of weapons, there was a question raised in the other place about whether we would be running the risk of being lobbied by American weapons retailers to ensure that shareholders or people involved in those companies, for example, are not targeted by the bill. My colleague in the House, MP Philip Lawrence, responded with the following:

Political pressure has been shown to be incredibly powerful. Textron, which is one of the largest arms manufacturers located in the United States, stopped producing cluster munitions and specifically stated it was because of political pressure. Therefore, with things like this legislation, which would prevent the funding through Canadian businesses of cluster munitions, not only do we have a hard line in stopping them but we also continue to ramp up the political pressure. I would be glad to work alongside the member to stop the manufacturing of cluster munitions throughout the world.

That brings us to the fourth and final provision: empowering the government to ban state propaganda outlets that operate in Canada and spread disinformation, interfering in our public debate.

In the wake of the Russian invasion of Ukraine, we saw RT, Russia’s state propaganda network, taken off Canadian airwaves. On March 16 of this year, the Government of Canada formally removed Russia Today and RT France from our airwaves on the basis that the distribution of those services were not in the public interest, as their content appears to constitute abusive comments or is likely to expose the Ukrainian people to hatred or contempt on the basis of race, or national or ethnic origin, and that their programming is antithetical to the achievement of the policy objectives of the Broadcasting Act.

Russian propaganda has no place on Canadian airwaves. In fact, no state propaganda should have a place in the Canadian broadcast system at all. Senators may recall the controversies surrounding CGTN, Beijing’s state propaganda arm, with its denial of the Uyghur genocide and the broadcasting of forced confessions from dissidents.

The Broadcasting Act amendments in this legislation are crucial to align Canada with like-minded partners, such as the U.K., which banned CGTN in 2021. State propaganda that aims to spread disinformation is acting against Canadian interests. While I support the CRTC’s decision to pull those licences, they shouldn’t have had to take such a broad approach in doing so. There should have been a more straightforward mechanism put in place to support this. This bill would give the CRTC a specific tool to say that country X or Y is committing genocide and spreading its propaganda in our country and, therefore, loses its right to broadcast in Canada.

This amendment simplifies the matter for the regulator instead of requiring it to sort of gerrymander around existing rules. We believe this is a modest but necessary amendment that would allow the CRTC to protect vulnerable Canadians and fight against misinformation.

To conclude, Bill C-281, the international human rights act, is a step in the right direction. It won’t solve all problems, honourable senators, but it will add another tool to Parliament’s toolbox. Canada has historically had a strong commitment to upholding human rights around the world. The provisions in this bill allow us to make sure that these are not just words, but the very principles by which we stand. This bill gives parliamentarians tools to compel the government of the day to take action, and to hold it accountable for the actions it does take in upholding human rights around the world. This bill passed with unanimous consent in the House, supported by all parties, and I hope that it will also pass unanimously and in a timely fashion in this place. Thank you, colleagues.

Hon. Rebecca Patterson: Senator Housakos, would you take a question?

Hon. Frances Lankin: Senator Housakos, will you take a question? Thank you very much. First of all, thank you for your effort on this and for the remarks that you have delivered today. I have two questions.

The first is with respect to the Broadcasting Act. You taught me something today in terms of the challenges that exist, which you alluded to. You talked about a more straightforward way of administering the intent of the amendment to the Broadcasting Act than the workarounds that have to be done now. I just wonder if you can provide me with a little more information on what the current situation is.

My second question is more of a comment, to say that I appreciate the sensitivity with which you described the discretion allowed to ministers, whether it’s a matter of foreign relations and a Global Affairs Canada, or GAC, or government consideration about what steps might harm those relations and why those relations are important as an executive branch decision. I’m also going to ask you, with your legal background, about the challenge of intelligence to evidence. Do the processes inherent in these amendments allow for the decision makers to have full information? Considering the reasons why intelligence is not made public — protection of sources, statecraft, other sorts of things — how do we get around those sensitivities and the fact that many parliamentarians have, of late, insisted on full transparency without giving any sensitive consideration to those matters that you raised in your speech?

Hon. Leo Housakos (Acting Deputy Leader of the Opposition), pursuant to notice of September 28, 2023, moved:

That the Senate take note of:

(a)the deteriorating humanitarian crisis occurring in Nagorno-Karabakh as a result of Azerbaijan’s ongoing blockade of the Lachin corridor and increased military aggression against indigenous Armenian civilians in the region; and

(b)the actions of the Aliyev regime as being dictatorial, and in violation of international law; and

That the Senate call on the Government of Canada:

(a)to support the liberty of the people of Nagorno-Karabakh and their right to self-determination;

(b)to immediately impose sanctions against the Azeri regime;

(c)to demand the immediate reopening of the Lachin corridor and the release of Armenian Prisoners of War;

(d)to provide a significant aid package through NGOs to those Armenian people forcefully displaced from their indigenous land; and

(e)to protect the Armenian people of Nagorno-Karabakh through the presence of international peacekeeping forces.

He said: Honourable senators, today we find ourselves facing a grave and urgent situation that demands our immediate attention and action. The Indigenous Armenian population living in the Republic of Artsakh, known by some as Nagorno-Karabakh, is currently enduring a crisis of unimaginable proportions. It is our moral duty to respond to their plight — not just with words but with meaningful action. What we cannot do is continue to look away or bury our heads in the sand.

Since the end of the 44-day war in September 2020, and particularly since December 12, 2022, when Azerbaijani government violated international agreements by blocking the Lachin corridor, a humanitarian catastrophe has been unfolding. This act severed Artsakh’s only connection to Armenia and the outside world, cutting off vital supplies of food, medicine, natural gas, electricity and the internet. The consequences have been dire, leading to cases of famine, malnutrition and death.

On September 19, 2023, Azerbaijan escalated this crisis with brutal military force by shelling civilians and civilian infrastructure. This resulted in more than 200 casualties in just 24 hours, including children, women and elderly. Villages have been cut off, roads taken under Azerbaijani control, and the gruesome acts of violence have shocked those of us who are actually taking the time to watch.

In just one week, more than 120,000 innocent civilians have been forced to flee their homes, creating a humanitarian catastrophe not only in Artsakh but also in Armenia, which has had to absorb these refugees almost overnight.

Genocide Watch and the Lemkin Institute have classified this situation as genocide. Legal expert Luis Moreno Ocampo, former International Criminal Court chief prosecutor, asserts that what happened in Artsakh amounts to genocide.

Our own ambassador to the United Nations, the Honourable Bob Rae, called it a total failure of global diplomacy, forcible deportation and a potential crime against humanity. The Honourable Bob Rae was absolutely right, and one of the few who had the courage to stand up and call this out.

Canada, guided by its commitment to the United Nations’ Responsibility to Protect, or R2P, has a moral obligation to intervene and protect populations from ethnic cleansing and genocide. This is a defining moment for Canada and, for that matter, democracies around the world. It is a test of our dedication to upholding the UN R2P commitment and supporting democracies like Armenia, Artsakh and so many that are under siege right now around the world.

Our response must extend beyond mere words and expressions of concern. It requires concrete and meaningful action. It also sometimes requires sacrifice, such as diplomatic and economic sanctions against the Azerbaijani government officials; legal action against President Aliyev at the International Criminal Court; humanitarian assistance for genocide survivors in Armenia; and the recognition of the self-determination of the Indigenous Artsakh population.

We must not repeat the mistakes of history. The Indigenous Armenian community of Artsakh, with a heritage spanning over 4,000 years, inherently possesses the right to self-determination and remedial secession.

Canada must impose sanctions against Azerbaijan government officials and enhance coordination with like-minded states. Canada must participate in an international peacekeeping force in Artsakh to ensure the safety of Artsakh Armenians as they return to their ancestral homes; provide substantial humanitarian assistance to alleviate the suffering of innocent populations; and recognize the right to self-determination of Artsakh’s Armenian population.

These actions require political courage and a commitment to establish procedures to get it done, and a real commitment if we believe in the international rule of law and human rights and democracy.

Canada has an opportunity to lead on the global stage, to be a beacon of hope and justice, as we once were a few decades ago. We must regain our status as leaders — not followers — and leave a lasting legacy that reflects our commitment to democracy, freedom and human rights.

Colleagues, democracy has never lived such difficult and precarious moments as we’re going through right now. I don’t need to remind anyone in this institution that there are more countries that are not democratic than countries which respect democracy, international rule of law and human rights.

Today, we are seeing tragedy unfolding in so many parts of the world. We see tyrant regimes like China putting the boot to the throat of the people of Hong Kong, threatening a vibrant democracy — a beautiful democracy just over the Taiwan Strait — just because they want to for their own political and economic ambitions.

We see the treachery going on against the Ukrainian people by a brutal dictator called Russia. The truth of the matter is we have waited too long to call out Mr. Putin and to hold him to account. That’s why we’re suffering the consequences that we are today, and the people of Ukraine are suffering those consequences. Sanctions should have been placed on that brutal regime years ago before they went to Ukraine.

The Indigenous people in Artsakh are being exterminated and thrown out of their homes just because they are Armenian. This is the second tragedy in a century. We stood up and gave gallant speeches in the House of Commons and in this chamber when we recognized the Armenian genocide. We said we’ll stand steadfast so these tragedies never occur again. They are happening right now as we speak, but everyone has forgotten about them because there are so many crises to pick from; the media entertains us with them.

There will be other crises that pile on because there never seems to be a resolve on the part of democracies to fight back against these tyrants with tangible actions, not just press releases of concern or “We’re monitoring the situation.” Perhaps, after this tragedy, we can send a few million dollars in humanitarian aid — it’s too late. These people are suffering those consequences, and a few million dollars announced by the Minister of Foreign Affairs to help these displaced people — it is shameful to be honest with you; it’s embarrassing.

What is happening in Israel today? We have a terrorist organization going against an Indigenous people and trying to brutally remove them from their homeland just because they are Jews.

It amazes me how this movie replays itself over and over again. We never seem to learn from history that if you don’t push back on dictators and tyrants, punch them in the nose and tell them we’re not going to accept this, they will continue to be emboldened and move the yardsticks forward.

I want to draw attention to just one more crisis going on in the world and call on our government and those of western democracies to show some resolve. Just because the people of Artsakh and the people of Armenia don’t have oil and gas, they shouldn’t be less important to us than other regimes.

The action we can take is obviously going to be a sacrifice on our side because a lot of these rogue countries — if it’s China, Russia, Iran, Cuba or Turkey — we do business with them. We’re facing a crisis right now in Israel. Hamas didn’t occur last week. Hamas has been supported by nations like Qatar from where we are importing hundreds of millions of dollars of their oil and gas. We’re buying it in Quebec when I go to the gas pump. What do you think they are doing with the proceeds of that revenue? They are funnelling it to organizations like Hamas.

Hamas has no food, water and medication for the Palestinian people in Gaza, but they have tons of rockets. They are not running out of rockets, are they? Why? We are contributing to that process.

The people of Cuba are suffering, but we are still doing business in Cuba because it’s helping a few of our investors and a few of our companies are profiting from it.

Right now, we’re still dealing with nations like Turkey, which has more journalists in prison than any other country on earth, but we close a blind eye to all this.

Colleagues, if I’m a little bit passionate about it, it’s because I really believe that we need to be consistent. If we do genuinely care about democracy, freedom, human rights and the cause of humanity, we have to stand up and fight for these values. It doesn’t matter if it’s in Ukraine, in Hong Kong or in defending Taiwan or Israel, legitimately, we have to also defend the people of Artsakh who are being displaced.

I remind every single person that when Adolf Hitler was sitting around the table with his final brutal solution, they asked him, “If we carry on with this extermination of innocent people just because they are Jews, what is going to happen?” Hitler said, “Who remembers the Armenians?” Right? That genocide happened only 25 years earlier.

This is what is going on again. We are repeating history. We are forgetting these people again. I repeat: Why? Because they are surrounded by bullies and it’s a too much of an effort? I think we have to stand up as parliamentarians. We have to draw attention to this human tragedy. We have to take action and call on our governments.

This cannot be resolved only by the Government of Canada. Every single western democracy that genuinely believes in democracy — not just navel-gazing — has to take action. It is called economic action, diplomatic action and even more if required to protect these innocent people in Artsakh. Today, they have been moved out of their homes, and no one around the world is talking about it. Thank you for listening to me on this Thursday afternoon. I thought these people needed to have a voice. Thank you so much.