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Decentralized Democracy

Salma Ataullahjan

  • Senator
  • Conservative Party of Canada
  • Ontario (Toronto)

Hon. Salma Ataullahjan moved the adoption of the report.

She said: Honourable senators, the committee presented its report, which contains three amendments. I am providing you with the effects of these amendments. Bill S-211 will contribute to the fight against forced labour and child labour by imposing reporting obligations on certain private entities and government institutions. Similar supply chain transparency legislation has been adopted in other jurisdictions, including the United Kingdom and Australia.

The transparency approach encourages the adoption of good practices by giving consumers, shareholders and other stakeholders the information that they need to make informed choices. Clauses 6 and 11 of Bill S-211 set out the specific information that must be contained in annual reports. The required information is similar for private entities and government institutions. It includes but is not limited to any information on any relevant policies, due diligence processes, employee training or measures taken to remediate forced and child labour. The committee heard from several witnesses that forced labour and child labour arise from complex socio‑economic issues. Indeed, child labour often occurs where children need to work to help their families survive. While this bill alone cannot solve these complex issues, it is a starting point that seeks to encourage better practices by both private entities and government institutions.

The first two amendments expand upon the requirements already contained in clauses 6 and 11 to provide information on remediation measures. The effect of these amendments will be to require annual reporting by both private entities and government institutions on any measures specifically taken to remediate lost income for the most vulnerable families affected by measures to address forced labour and child labour.

The purpose of these amendments is to encourage companies and government institutions to think about the impacts of their supply chains on vulnerable families and to ideally go beyond merely avoiding use of forced labour and child labour.

By requiring transparency about good practices relating to remediation, stakeholders will have the information necessary to support good actors, and other actors will be encouraged to adopt better practices.

Finally, for private entities subject to this bill, clause 11 requires that each member of the entity’s governing body sign off on each annual report. The committee’s third amendment is simply a technical amendment to remove the requirement that such signatures be completed manually. The effect of this will be to allow electronic signatures, thereby simplifying the reporting processes.

I would like to take this opportunity to thank all the witnesses who testified.

I would also like to take this opportunity to congratulate Senator Miville-Dechêne on drafting this bill. This marks the first step toward putting an end to forced labour and child labour in our supply chains. Thank you.

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Hon. Salma Ataullahjan, Chair of the Standing Senate Committee on Human Rights, presented the following report:

Wednesday, April 6, 2022

The Standing Senate Committee on Human Rights has the honour to present its

FIRST REPORT

Your committee, to which was referred Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, has, in obedience to the order of reference of December 14, 2021, examined the said bill and now reports the same with the following amendments:

1.Clause 6, page 4: Add the following after line 21:

2.Clause 11, pages 6 and 7:

(a)On page 6, add the following after line 25:

(b)on page 7, replace line 12 with the following:

Respectfully submitted,

SALMA ATAULLAHJAN

Chair

(For text of observations, see today’s Journals of the Senate, p. 446.)

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Hon. Salma Ataullahjan: Honourable senators, I rise to speak to Bill S-211, short titled “Fighting Against Forced Labour and Child Labour in Supply Chains Act.”

I would like to thank Senator Miville-Dechêne for reintroducing this important human rights bill. I would also like to acknowledge the hard work of the members of the All Party Parliamentary Group to End Modern Slavery and Human Trafficking.

This bill lifts the veil on the prevalence of modern slavery around the world, impacting at least 90 million children and adults.

Canada is far behind in terms of forced labour legislation. If we are to uphold our standing as a champion of human rights, we must keep pace with countries such as France, Germany and the United Kingdom, which have already passed legislation requiring their companies to investigate and report on the risk of forced labour in their supply chains.

With this bill, we would uphold Canada’s international commitment to contribute to the fight against forced and child labour.

Modern slavery is the severe exploitation of other people for personal or commercial gain, which encompasses many forms of exploitation, such as human trafficking, descent-based slavery, forced and early marriage, as well as forced and child labour.

The latter is particularly troubling and is defined as work that is mentally, physically, socially and morally harmful to children, and it interferes with their ability to receive an education. Yet, one in four victims of modern slavery is a child.

We know the major factor in child labour is poverty, as children work for their survival and that of their family. This is part of a vicious cycle where education is seen as secondary to earning an income, which in turn prevents child workers from escaping poverty once they reach adulthood.

Of course, this bill cannot solve these root issues alone, but it can force private sector entities and government institutions to take steps to prevent the exploitation of the vulnerable.

One of the key steps outlined in this bill is the requirement for large entities and government institutions to submit an annual report outlining steps taken to curtail forced or child labour; additionally, any training provided to employees on the prevention of modern slavery in any step of the production of goods produced, purchased or distributed.

Education is a vital step because many of us are too far removed from the goods we purchase and consume. Personally, I had the unique opportunity to visit the site of the 2013 Rana Plaza collapse in Bangladesh. I arrived only three months after the eight-storey building collapsed, killing over 1,100 people and injuring countless individuals. I witnessed first-hand the cost of cheap fast fashion. These poorly paid workers had been forced to keep producing clothes even after police had ordered the evacuation of the building due to deep visible cracks in the walls.

It is time for Canada to implement legislation to curtail forced and child labour around the world.

As critic of the bill, I do have to point out some potential concerns that should be reviewed at committee. Some of you raised excellent questions last week. Senator Black questioned the broad definition of child labour and Senator Omidvar had concerns regarding the ramifications for children who rely on employment for survival. This is not a simple bill nor is it comprehensive in addressing forced labour.

Discussions will need to take place regarding the additional responsibilities provided to the Minister of Public Safety and Emergency Preparedness; the broad powers allotted to designated persons in enforcing mandates outlined in the bill; and legal considerations of holding executive members, employees and/or agents liable for any discrepancies in the annual report.

It is also important to hear from witnesses at committee to ensure that this bill is as strong as possible.

With further input, we can eliminate corruption and shine a light on forced labour through transparency. I hope you support me in sending Bill S-211 to committee so it can be thoroughly reviewed. Thank you.

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