- Member of Parliament
- Member of the panel of chairs for the legislative committees
- Conservative
- Wellington—Halton Hills
- Ontario
- Voting Attendance: 65%
- Expenses Last Quarter: $120,269.09
- Government Page
- Mar/21/23 12:44:05 p.m.
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Mr. Speaker, the government can introduce all the legislation it wants and Parliament can adopt all the legislation the government presents. The government can introduce all the regulation it wants and it can sign all the treaties it wants. However, if it does not operationalize that legislation, does not operationalize those regulations and does not put into effect those treaties, it is all for nought. What is going on with Xinjiang is a good example of this.
Clearly, a genocide is taking place in Xinjiang. As members know, Canada is obligated under the genocide convention to prevent genocide. Article 1 of that convention says, “The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.”
One of the elements of a genocide is “[i]mposing measures intended to prevent births within the group”. The UN High Commissioner for Human Rights said the birth rate in Xinjiang plummeted by 50%, one half, between 2017 and 2019. In two short years, 24 months, the birth rate went from 16 births per 1,000 people to eight births per 1,000 people. Clearly, one element of the genocide is taking place.
Two other elements of genocide under the convention are “[c]ausing serious bodily or mental harm to members of the group” and, second, “[d]eliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”. There is evidence that both of these elements are also in place in the massive detention camps the PRC has set up in Xinjiang. There is evidence based on satellite imagery, survivor testimony, investigative journalism, leaked documents, smuggled videos and so many other pieces of evidence, documenting hundreds of detention camps built by the PRC in Xinjiang province.
It is estimated that more than two million Uighur Muslims have been detained in these camps. Some experts have called these camps the greatest detention of a group of people since the Second World War. PRC authorities first denied the very existence of these camps, but when presented with high-resolution satellite evidence, they recanted and explained them away as simply educational camps.
Documents obtained by the International Consortium of Investigative Journalists have highlighted what is going on in these camps, including torture and forced labour. There is evidence that Uighurs are being forced to pick cotton and produce tomatoes that the PRC is exporting around the world, which is just like what happened during another genocide. During the Holodomor in Ukraine in 1932 and 1933, millions of Ukrainian peasants were forced to produce grain that Stalin then exported to the rest of the world, leaving them with nothing, not even seed grain for the next year's planting and harvest. As a result, over three million Ukrainians starved to death. Therefore, clearly, a genocide is taking place in Xinjiang. Parliament recognized that a genocide was taking place in early 2021 by adopting a resolution in the House.
It is now time for the government to uphold the international rules-based order. It is now up to the government to uphold two treaties to which this country is a party. It needs to uphold, first, the 1948 genocide convention by preventing genocide from continuing, by preventing the importation of products like tomatoes and cotton that have been produced using forced Uighur labour. Another treaty that the government should be upholding, if it is serious about upholding the international rules-based order, is our obligation under the Canada-United States-Mexico Agreement. Article 23.6 of the agreement requires Canada to ban imports produced by forced or slave labour. The agreement says, “Accordingly, each Party shall prohibit the importation of goods into its territory from other sources produced in whole or in part by forced or compulsory labor, including forced or compulsory child labor.”
Subsequent to the signing of the USMCA several years ago, Canada and the United States adopted legislation to implement the elements of the CUSMA treaty that ban imports that have been produced using forced or slave labour. Parliament amended the Customs Tariff Act in July 2020 to bring Canada's laws into conformity with CUSMA, and the government published regulations stemming from those changes to the Customs Tariff Act that came into effect that same month, July 2020, some two and a half, almost three, years ago. A year later, the United States also changed its laws to bring them into conformity with the CUSMA treaty, but here is where the similarities end.
While the similarity between Canada and the United States is that both of us have implemented laws bringing CUSMA into effect, and both are party to the genocide convention, it ends there. Since these laws have come into force, the United States has stopped thousands of cargo container shipments from entering the United States from Xinjiang, but Canada has not stopped a single shipment from entering this country. In fact, the government temporarily halted one shipment from coming into Canada and subsequently released it. I believe that was in the province of Quebec.
No shipment has been blocked, interdicted and prevented from entering Canada, despite the fact that, south of the border, the U.S. government is upholding the rules-based international order and has prevented the importation of thousands of cargo containers containing things such as tomatoes, cotton and solar panels that have been produced using a labour force of millions of Uighur Muslims in the Xinjiang province. Despite the U.S. interdicting thousands of shipments, the U.S. government has admitted that this is not good enough. In fact, it has plans to hire over 300 new positions at the border to continue to interdict even more products coming into its country from Xinjiang. It has plans to implement new computer systems and new training, and to conduct outreach to importers to prevent further shipments from arriving on American shores.
However, in Canada, nothing has happened, despite the fact the law came into effect almost three years ago. One shipment was temporarily blocked and then admitted into Canada. Meanwhile, thousands of cargo container shipments have been blocked from Xinjiang by the U.S. government because it is upholding its treaty obligations, its laws, the regulations it has published and the rules-based international order, which the current government says it supports. However, as the CBC, The Globe and Mail, and so many other investigative journalists have reported, tomatoes and cotton produced in Xinjiang, likely with forced labour, have continued to flood Canadian supermarket shelves and retail shops. The government turns a blind eye despite the fact it has these treaty obligations under CUSMA, it has these laws in place, and there are regulations that have been gazetted.
Let me conclude by saying this. The government can introduce all the regulations it wants, Parliament can pass all the laws it wants and the government can sign all the treaties it wants, but none of this has any effect unless the Government of Canada and its agencies operationalizes these laws and regulations, upholds these treaties and starts putting the work in place to actually block shipments from Xinjiang from coming into Canada.
That is why I will support the motion in front of the House. If the government is truly going to uphold our international reputation and the rules-based international order that it says it so deeply believes in, then that starts with doing exactly what we are calling for in this motion: to start blocking cargo container shipments at the Port of Vancouver and other Canadian ports that contain tomatoes and cotton from Xinjiang that have been produced using forced and slave labour.
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- Feb/21/22 3:54:12 p.m.
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Mr. Speaker, the government has proclaimed a public order emergency under the Emergencies Act. The question before us today in the House is whether the proclamation is consistent with the law.
For a public order emergency to be proclaimed to deal with the blockades here in Ottawa and across the country, three criteria must be satisfied.
First, there must be an urgent, critical and temporary situation where there is serious violence or the threat of serious violence against people or property for the purpose of achieving an ideological, religious or political objective.
Arguably, the government has met this first criterion. The RCMP raid in Coutts, Alberta, resulted in the seizure of high-powered guns with scopes, handguns, ammunition, high-capacity magazines and body armour decorated with patches associated with white supremacist and other extremist groups. Thirteen people have been charged in connection with the seizure, including four with plotting to murder police officers. The RCMP says that these individuals were organized, highly armed and dangerous. In addition, some of the organizers of the blockade here in Ottawa used language that suggested they were ideologically motivated and willing to use force to achieve their ends.
The second criterion that must be met is that either the situation endangers the lives, health and safety of Canadians, and is of such proportion or nature as to exceed the capacity or authority of a province to deal with it, or the situation seriously threatens the ability of the Government of Canada to preserve the sovereignty, security and territorial integrity of Canada.
The government can make the case that either or both of these elements have been satisfied. It is clear the blockades endangered the lives, health and safety of Canadians in downtown Ottawa. The diesel fumes, the constant and ear-shattering noise, the fireworks and so many other things hurt the 12,000 Canadians living around the Ottawa blockade. The Province of Ontario supported the invocation of the Emergencies Act, implying that the blockade exceeded the province's capacity to deal with the situation.
The government can also argue that the situation seriously threatened its ability to preserve the sovereignty, security and territorial integrity of Canada. The control of an international border is the hallmark of a sovereign state. At one point, four Canadian border crossings were blockaded: Windsor, Emerson, Coutts and Surrey. The blockade in downtown Ottawa, the seat of our government and our national legislature, was also arguably a threat to the sovereignty and security of Canada, as was the call by some convoy organizers for the overthrow of government.
The third criterion that must be satisfied is that the situation “cannot be effectively dealt with under any other law of Canada”. It is important to note that the act uses the word “effectively” rather than “ideally”.
The government made an announcement about the public order emergency on the afternoon of February 14, but the promulgation of the three orders in council effecting the powers took several days. The blockades ended in Windsor on February 13, in Surrey on February 14, in Coutts on February 15 and in Emerson on February 16. It is clear that the border blockades were effectively dealt with under the existing laws of Canada and not under Emergencies Act powers.
Here in Ottawa, while Emergencies Act powers were used, they were not needed. Chris Lewis said exactly that yesterday. He said that there was a lack of law enforcement and a lack of police officers, but not a lack of laws to enforce. He said that making arrests, seizing trucks, towing, cordoning off the city, putting up checkpoints and getting thousands of additional officers to assist the Ottawa police could all have been done under the existing laws of Canada. He is a former commissioner of the Ontario Provincial Police: the largest police force in the province of Ontario.
Furthermore, it is clear the Emergencies Act powers allowing the government to seize financial accounts could have been done under existing law. Ontario Attorney General Doug Downey did exactly that on February 10, when he obtained an order under section 490.8 of the Criminal Code to freeze access to millions of dollars donated through the platform GiveSendGo.
Lawyer Paul Champ also did exactly that on February 17, when he obtained a Mareva injunction under existing common law that froze millions of dollars, including cryptocurrency, raised for the convoy protests.
These actions by the Ontario Attorney General and Paul Champ were done under existing laws, and were also done with court approval, unlike the Emergencies Act powers to freeze accounts without court approval that the government has now claimed for itself. These emergency powers may not pass the Oakes test with respect to proportionality or the requirement to minimally impair rights and freedoms.
The government has not met the requirement of the act that the situation cannot be effectively dealt with under any other law of Canada. Therefore, I cannot support the motion. I would add that if the House supports the motion, it would be giving the government powers it likely does not lawfully have under the act.
While I cannot support the motion, it is clear that the blockades in Ottawa and at the border were unlawful, illegal and, in many aspects, criminal. It is also clear that the existing laws of Canada did deal, and could have effectively dealt, with the situation. A lack of timeliness in law enforcement, and a lack of federal-provincial co-operation and other operational deficiencies, cannot be dealt with under the Emergencies Act, nor under the emergency doctrine of peace, order and good government.
The failure to uphold the rule of law is the issue here, not a lack of law to effectively deal with the situation. In a free and democratic society, the rule of law is essential. Without the rule of law there can be no freedom, because liberty without lawful limits, taken to its logical conclusion, is anarchy. Without the rule of law, there can be no democracy, because democracy without our most basic law, our Constitution, is nothing less than majoritarian mob rule.
It is clear we, as a country, have not been serious about the rule of law, and because we have not been serious about the rule of law, thousands of Canadians thought it appropriate to unlawfully and illegally blockade four international border crossings and our national capital for more than three weeks.
We have not been serious about the rule of law when a person’s race, religion or creed determines whether or how the law is enforced, such as when the CN mainline in Ontario and pipelines in Western Canada were blockaded for weeks on end two years ago, and when the lawlessness continued last week. We see this when a mob violently tears down statues in the public square with no consequence, when dozens of Canadian churches were vandalized or torched in the past year, and when, in this place, the Prime Minister violated the Shawcross doctrine of the Constitution by pressuring the Attorney General to drop the criminal prosecution of SNC-Lavalin, something for which he was never censured or held in contempt. We saw this last year when the government defied four orders of the House and its committee for the production of the Winnipeg lab documents.
If flagrant disregard for the rule of law is tolerated, things will fall apart. The centre cannot hold and anarchy is loosed. What is needed now is not the use of the Emergencies Act, but rather ensuring that the rule of law in this country is upheld.
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- Feb/21/22 2:34:58 p.m.
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Mr. Speaker, has the government received a legal opinion from either the Attorney General or the Department of Justice as to whether the emergency powers granted under the Emergencies Act, particularly the power to freeze financial accounts, are consistent with the Charter of Rights and Freedoms? If so, will the government release the legal opinion to the House before this evening's vote?
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