44th Parl. 1st Sess.
May 30, 2024
- This bill, titled "An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate)," aims to make changes to the way the Speaker and Deputy Speaker of the Senate are elected and participate in votes. The bill proposes amending the Constitution Act, 1867 to require the Senate to elect these positions through a secret ballot, both after a General Election and in the case of a vacancy. It also suggests changes to the Parliament of Canada Act to outline the procedures for the Speaker and Deputy Speaker leaving the chair during Senate sittings, as well as clarifying the powers and duties of senators acting as Speaker in their absence. Additionally, the bill proposes adjusting the salary of the Deputy Speaker. If passed, this bill will come into effect upon the dissolution of the 44th Parliament.
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Madam Speaker, it is an honour to speak at third reading of 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.
I am very interested in this subject because, early on in my career, when I was a student and a community worker, I worked with refugees a lot and I also worked in human rights. It was very hard sometimes. Our work was impacted by cases of people entering Canada under dubious or fraudulent pretexts. It was very disheartening to see these people, who had committed human rights violations and other serious offences in their own country, find refuge here in Canada. I think it is very important for Canada to use every tool at its disposal to punish all those responsible for violations of international law, such as human rights abuses.
As members know, sanctions have proven to be effective foreign policy instruments to hold bad actor regimes accountable for their blatant disregard for the rules-based international order. The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights, and significant acts of corruption. In reaction to the Russian annexation of Crimea and the most recent developments in Russia's war of aggression against Ukraine, Canada has imposed a series of individual and economic sanctions.
Sanctions may be enacted through a number of instruments, including the United Nations Act, the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act.
Under our legislation, sanctions against individuals and entities can include a dealings ban, which is effectively an asset freeze, and restrictions or prohibitions on trade, financial transactions or other economic activity. Canadians are also prohibited from dealing with sanctioned individuals, effectively freezing their Canadian assets. This tool to freeze the assets of those who have committed acts that violate human rights is really effective. It is incredible. Freezing their assets really gets their attention.
Canada's immigration system has a strong global reputation, in part due to its well-balanced enforcement system. For nearly 20 years, the Immigration and Refugee Protection Act, or IRPA, has worked in tandem with our sanctions legislation to ensure that bad actors are found inadmissible to Canada.
The IRPA defines the applicable criteria for all foreign nationals seeking to enter or remain in Canada, including grounds of inadmissibility that would lead an application by a foreign national for a visa or entry to Canada to be refused. In the case of the inadmissibility provisions of the IRPA as they relate to sanctions, decisions are relatively straightforward. If an individual is explicitly identified under one of the sanctions' triggers, then they will be found inadmissible to Canada under the IRPA on that basis alone.
However, inadmissibility provisions of the IRPA as currently written do not fully align with all grounds for imposing sanctions under the Special Economic Measures Act, or SEMA.
In 2017, two new sanctions-related inadmissibility criteria were brought into force by the Senate bill, Bill S-226. Bill S‑226 ensured that foreign nationals sanctioned under the SEMA were inadmissible to Canada, but only in circumstances of gross and systematic human rights violations and systematic acts of corruption.
This approach meant that foreign nationals sanctioned under other provisions, such as “a grave breach of international peace and security”, which has been frequently used in sanctions imposed in response to the Russian invasion of Ukraine, were not inadmissible to Canada. In other words, this means that Russian individuals sanctioned under the SEMA may nevertheless continue to have unfettered access to travel to, enter or remain in Canada, unless they are inadmissible for other reasons. This is unacceptable.
As we know, Parliament previously identified this as a legislative gap in Canada's sanctions regime. In April 2017, the Standing Committee on Foreign Affairs and International Development released a report that recommended that the IRPA be amended. The objective was to designate all persons sanctioned under the SEMA as inadmissible to Canada.
That is what is proposed in Bill S-8. The proposed amendments would ensure that all inadmissibility ground relating to sanctions are applied in a cohesive and coherent manner. Bill S‑8 will align the sanctions regime with inadmissibility to Canada so that Russian individuals and entities, which were recently sanctioned because of Russia's invasion of Ukraine, and Iranian individuals and entities, which were sanctioned for supporting terrorism and their systematic and blatant human rights violations, are inadmissible to Canada.
These amendments are very important because they would enable the Canada Border Service Agency and officials at Immigration, Refugees and Citizenship Canada to refuse to issue visas.
These important amendments would ensure sanctions have meaningful consequences from both an economic perspective and in terms of immigration and access to Canada. In adopting these measures, Canada would be sending a very strong message to the world that those who violate human rights are not welcome in our country. The Government of Canada will continue to stand firmly against human rights abuses abroad, and we will hold both Russia and all other bad actor regimes accountable for their actions. At the same time, the government remains firmly committed to protecting the safety and security of all residents here on Canadian soil.
I know I am almost out of time, but I want to say that this is a very important bill for all political parties in the House of Commons as well as for my constituents in Châteauguay—Lacolle. We believe in justice, and we want justice. For that reason, I implore all hon. members of this House to support this important and timely bill.
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Madam Speaker, the government will use every tool at its disposal to punish all those responsible for violations of international law, such as human rights abuses.
As members know, sanctions have proven to be effective foreign policy instruments to hold bad actor regimes accountable for their blatant disregard for the rules-based international order. The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights and significant acts of corruption. Russia’s continued war of aggression against Ukraine is just one example.
In reaction to the Russian annexation of Crimea and the most recent developments in Russia’s war of aggression against Ukraine, Canada has imposed a series of individual and economic sanctions. Sanctions may be enacted through a number of instruments, including the United Nations Act; the Special Economic Measures Act, or SEMA; and the Justice for Victims of Corrupt Foreign Officials Act, the Sergei Magnitsky law.
The government may choose to use sanctions in situations relating to a grave breach of international peace and security, gross and systematic violations of human rights, and significant acts of corruption. Under our autonomous sanctions legislation, sanctions against individuals and entities can include a dealings ban, which is effectively an asset freeze, and restrictions or prohibitions on trade, financial transactions or other economic activity. Canadians are also prohibited from dealing with sanctioned individuals, effectively freezing their Canadian assets.
Canada’s well-managed immigration system has a strong global reputation, in part due to its well-balanced enforcement system. For nearly 20 years, Canada’s Immigration and Refugee Protection Act, IRPA, has worked in tandem with our sanctions legislation to ensure bad actors are found inadmissible to Canada. The IRPA defines the applicable criteria for all foreign nationals seeking to enter or remain in Canada, including grounds of inadmissibility that would lead to an application by a foreign national for a visa or entry to Canada to be refused.
In the case of the inadmissibility provisions of the IRPA as they relate to sanctions, decisions are relatively straightforward: If an individual is explicitly identified under one of the sanctions' triggers, they will be found inadmissible to Canada under the IRPA on that basis alone.
However, inadmissibility provisions of the IRPA as currently written do not fully align with all grounds for imposing sanctions under the SEMA.
In 2017, two new sanctions-related inadmissibility criteria were brought into force by the Senate bill, Bill S-226. Bill S-226 ensured that foreign nationals sanctioned under the SEMA were inadmissible to Canada, but only in circumstances of gross and systematic human rights violations and systematic acts of corruption. This approach meant that foreign nationals sanctioned under other provisions, such as “a grave breach of international peace and security”, which has been frequently used in sanctions imposed in response to the Russian invasion of Ukraine, were not inadmissible to Canada.
In other words, this means that Russian individuals sanctioned under the SEMA may nevertheless continue to have unfettered access to travel to, enter or remain in Canada, unless they are inadmissible for other reasons.
This is unacceptable and runs in direct opposition to the government’s responsibility to protect our country’s residents. It also contradicts the very essence and purpose of these sanctions against foreign entities.
Parliament previously identified this as a legislative gap in Canada’s sanctions regime. In 2017, the Standing Committee on Foreign Affairs and International Development, or FAAE, recommended that the IRPA, the Immigration and Refugee Protection Act, be amended to designate all individuals sanctioned under the SEMA, the Special Economic Measures Act, as inadmissible to Canada.
The legislative amendments we are discussing today under Bill S-8 respond to these recommendations and would help to further bolster Canada’s sanctions against bad actor regimes. Among other important amendments, Bill S-8 would help to ensure that all foreign nationals subject to sanctions under the SEMA are inadmissible to Canada. If passed, the current inadmissibility ground relating to sanctions would be expanded to ensure foreign nationals subject to sanctions for any reason under the SEMA would be inadmissible to Canada.
These important amendments would ensure sanctions have meaningful consequences, both from an economic perspective and in terms of immigration and access to Canada. In adopting these measures, Canada would be sending a very strong message to the world that those who violate human rights are not welcome in our country.
The Government of Canada will continue to stand firmly against human rights abuses abroad, and we will hold both Russia and all other bad actor regimes accountable for their actions. At the same time, the government remains firmly committed to protecting the safety and security of all residents here on Canadian soil.
Fully aligning the inadmissibility provisions with grounds found under Canada’s autonomous sanctions legislation will result in a significant increase in the number of sanctioned nationals being rendered inadmissible to Canada. These include individuals sanctioned as a result of their roles in grave breaches of international peace and security, resulting in serious international crises, as well as individuals sanctioned as a result of calls from international organizations. This includes sanctioned individuals from Russia, Belarus, Ukraine, Iran, Myanmar, Syria, South Sudan, Venezuela, Zimbabwe and North Korea.
Without these proposed amendments, many of those who are sanctioned in these states may continue to access Canada and threaten the safety of all those who live in our peaceful country. Bill S-8 is urgently needed to address this gap in our current legislation. For this reason, I implore all hon. members in this house to support this important and timely legislation.
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