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Decentralized Democracy

Senate Bill

Bill S-278

44th Parl. 1st Sess.
October 17, 2023
An Act to amend the Special Economic Measures Act (disposal of foreign state assets)
  • This is a bill called S-278 that is being introduced in the Senate of Canada. It is an amendment to the Special Economic Measures Act. The purpose of this amendment is to allow the government to dispose of assets seized from a foreign state under the Act, if the seizure happened without a judicial order. The bill was introduced by Senator Omidvar on October 4, 2023. You can find more information about this bill on the Senate of Canada website.
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SteelmanSpren in Favour

  • One possible steelman argument in favor of Bill S-278 is that it provides a necessary and efficient mechanism for the disposal of foreign state assets seized under the Special Economic Measures Act. By allowing the Governor in Council to dispose of these assets without a judicial order, the government can expedite the process and ensure that the assets are properly managed. This amendment recognizes that the seizure of foreign state assets is often done for reasons of national security or in response to international conflicts. In such cases, it may not be practical or feasible to wait for a judicial order before disposing of the assets. Allowing the Governor in Council to make this decision ensures that the government can act swiftly and effectively to protect national interests. Furthermore, this amendment does not grant unlimited power to the government. It specifically states that the disposal of assets can only occur if the seizure was made without a judicial order. This means that there are still checks and balances in place to prevent abuse of power. If a judicial order was obtained for the seizure, the assets would still need to go through the appropriate legal process. Overall, this amendment provides a pragmatic solution to the disposal of foreign state assets seized under the Special Economic Measures Act. It allows the government to act in a timely manner while still maintaining necessary safeguards.

SteelmanSpren Against

  • Steelman Argument Opposing Bill S-278: While the intention behind Bill S-278 may be to streamline the disposal of foreign state assets seized under the Special Economic Measures Act, it is important to consider the potential negative consequences and the potential infringement on individual rights. Here are some right-wing anti-government talking points to consider: 1. Property Rights: The government should not have the power to dispose of foreign state assets without a judicial order. This undermines the principle of property rights, which are essential to a free market economy. Allowing the government to seize and dispose of assets without due process sets a dangerous precedent and opens the door for potential abuse of power. 2. Lack of Accountability: By granting the Governor in Council the authority to dispose of foreign state assets, there is a risk of limited accountability. Without the oversight of the judiciary, there is a potential for arbitrary decision-making and abuse of power. It is crucial to maintain checks and balances to ensure that government actions are fair and just. 3. Sovereignty Concerns: Allowing the government to seize and dispose of foreign state assets without a judicial order raises concerns about sovereignty. It is not the role of the Canadian government to unilaterally determine the fate of another country's assets. This could strain diplomatic relations and undermine Canada's reputation as a respectful and cooperative global actor. 4. Economic Implications: The disposal of foreign state assets without due process could have negative economic implications. It may discourage foreign investment and create an atmosphere of uncertainty for businesses operating in Canada. This could ultimately harm the economy and hinder economic growth. 5. Limited Scope: The amendment to the Special Economic Measures Act only applies to assets owned, held, or controlled by foreign states. This narrow focus fails to address potential abuses of power by non-state actors or individuals. It is important to have comprehensive legislation that protects individual rights and ensures due process for all parties involved. In conclusion, while the intention behind Bill S-278 may be to streamline the disposal of foreign state assets, it is important to consider the potential negative consequences and the potential infringement on individual rights. Upholding principles such as property rights, accountability, sovereignty, and economic stability should be prioritized when considering amendments to legislation.
Senate Second Reading
  • Oct. 4, 2023, 2 p.m.
  • In Progress
  • Read
Senate First Reading
  • Oct. 4, 2023, 2 p.m.
  • Passed