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Decentralized Democracy

Peter M. Boehm

  • Senator
  • Independent Senators Group
  • Ontario
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  • Jun/15/22 2:00:00 p.m.

Hon. Peter M. Boehm moved the adoption of the report.

He said: Honourable senators, I rise today as Chair of the Standing Senate Committee on Foreign Affairs and International Trade to explain the purpose and effect of the amendment to Bill S-8 adopted by the committee.

Colleagues, 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, was introduced in the Senate on May 17, 2022, and was referred to the committee on May 19, 2022.

The committee began its study on June 3, 2022, with two panels of expert witnesses and government officials from the Canada Border Services Agency; Immigration, Refugees and Citizenship Canada; the Immigration and Refugee Board of Canada and Global Affairs Canada, and concluded on June 9, 2022, with clause-by-clause consideration.

During that meeting, the Government Representative in the Senate, Senator Gold, joined us to move a coordinating amendment, which the committee ultimately adopted. The purpose of the amendment, which is technical rather than substantive, is to prevent a potential conflict with Bill C-21 on firearms, which was introduced in the House of Commons on May 30, 2022.

Bill S-8 proposes changes to three provisions of the Immigration and Refugee Protection Act that are also impacted by Bill C-21. In each of these provisions, Bill S-8 would add sanctions to the existing list of grounds for inadmissibility or detention. Bill C-21, in turn, would add transborder criminality to the existing list of grounds for inadmissibility or detention.

However, as the bills are currently written, neither piece of legislation takes the other into account, meaning that whichever bill receives Royal Assent second would unintentionally undo the changes to the provisions made by the bill that becomes law first.

I’m glad you’re all with me on this.

The amendment proposed by Senator Gold and adopted by the committee addresses this issue by stating that if the provisions in the Immigration and Refugee Protection Act amended by both Bill S-8 and Bill C-21 enter into force, then both sanctions and transborder criminality would be included as grounds for inadmissibility or detention under the Immigration and Refugee Protection Act.

To put it simply, colleagues, this technical coordinating amendment is designed to preserve the changes made to the Immigration and Refugee Protection Act by Bill S-8, but makes no substantive changes to the content of Bill S-8.

Thank you.

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Hon. Peter M. Boehm moved the adoption of the report.

He said: Honourable senators, I rise today as Chair of the Standing Senate Committee on Foreign Affairs and International Trade to explain amendments to Bill S-217, as adopted by the committee.

Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets, otherwise known as the frozen assets repurposing act, or FARA, was referred to the committee on March 1 after being introduced in the Senate on November 24, 2021, by Senator Omidvar.

The committee began its study on March 24 and welcomed three panels of officials and experts over two meetings. We completed clause-by-clause consideration on March 31.

I wish to thank all the witnesses, especially the bill’s sponsor, and all committee members and staff for their work in ensuring the committee discharged its duties effectively and in a timely manner. This was very important, honourable senators, given the grave geopolitical conflicts, wars and refugee and humanitarian crises we see all around the world.

Honourable senators, as stated in the summary of Bill S-217, it:

. . . provides for the reporting and disposition of assets seized, frozen or sequestrated under the Special Economic Measures Act, the Freezing Assets of Corrupt Foreign Officials Act, and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

The committee adopted two amendments based on recommendations of expert witnesses. Both were moved by Senator Coyle and fully supported by the bill’s sponsor, Senator Omidvar. The first amendment is to clause 2 and the second amendment to clause 6.

Ultimately, colleagues, both amendments have the effect of strengthening the bill by harmonizing its language and conditions for repurposing assets with that found in its enabling legislation, the Special Economic Measures Act, also known as SEMA.

These amendments, if approved by the Senate, will help to ensure that courts tasked with repurposing assets frozen in Canada are able to do so fully and in the fundamental spirit of Bill S-217. Therefore, I move the adoption of the report.

Thank you, colleagues.

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