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Decentralized Democracy

Chandra Arya

  • Member of Parliament
  • Member of Parliament
  • Liberal
  • Nepean
  • Ontario
  • Voting Attendance: 67%
  • Expenses Last Quarter: $104,578.46

  • Government Page
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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  • Feb/10/23 10:25:19 a.m.
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  • Re: Bill S-8 
Madam Speaker, under the Special Economic Measures Act, Canada sanctioned over 1,200 individuals from Russia, Ukraine and Belarus due to Russia's illegal invasion of Ukraine. In support of women's rights in Iran, I think Canada has imposed sanctions on over 215 individuals and entities in Iran. Can the government confirm that under the present legislation, Bill S-8, that the members of the sanctioned entities can also be found inadmissible? Secondly, if the sanctioned individuals are already in Canada, can they be removed under this legislation?
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