Hon. Peter M. Boehm moved:

That the twenty-sixth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled Cultural Diplomacy at the Front Stage of Canada’s Foreign Policy, deposited with the Clerk of the Senate on June 11, 2019, during the First Session of the Forty-second Parliament be adopted and that, pursuant to rule 12-23(1), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage being identified as the minister responsible for responding to the report, in consultation with the Minister of Foreign Affairs.

Hon. Peter M. Boehm, pursuant to notice of June 20, 2023, moved:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on Canada’s interests and engagement in Africa, and other related matters;

That the committee submit its final report no later than December 31, 2024;

That the committee have permission, notwithstanding usual practices, to deposit reports on this study with the Clerk of the Senate if the Senate is not then sitting, and that the reports be deemed to have been tabled in the Senate; and

That the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

Hon. Peter M. Boehm moved:

That the tenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled Strengthening Canada’s Autonomous Sanctions Architecture: Five-Year Legislative Review of the Sergei Magnitsky Law and the Special Economic Measures Act, tabled in the Senate on Tuesday, May 16, 2023, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Foreign Affairs being identified as the minister responsible for responding to the report, in consultation with the Minister of Public Safety.

He said: Honourable senators, I rise today to speak to the tenth report of the Standing Committee on Foreign Affairs and International Trade, entitled Strengthening Canada’s Autonomous Sanctions Architecture: Five-Year Legislative Review of the Sergei Magnitsky Law and the Special Economic Measures Act.

This comprehensive report is the culmination of eight meetings between October 26, 2022, and February 15 of this year. Over the course of the committee’s study, it heard from 26 expert witnesses, including officials from Global Affairs Canada, the Canada Border Services Agency and the Royal Canadian Mounted Police, legal and banking experts, renowned academics, sanctions advocates and members of civil society. I will highlight three particularly high-profile witnesses from whom the committee was honoured to hear.

Bill Browder is an author and head of the Global Magnitsky Justice Campaign. His lawyer, Sergei Magnitsky, was, of course, the inspiration for Canada’s Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky Law.

Evgenia Kara-Murza is Advocacy Coordinator of the Free Russia Foundation. Her husband, Russian political activist and opposition leader Vladimir Kara-Murza, is imprisoned in Russia on charges of treason, partly for speaking out against the war in Ukraine. Like her husband, Ms. Kara-Murza is an unwavering and courageous long-time advocate for introducing Magnitsky laws around the world and targeting Russia in particular with Magnitsky-style sanctions.

Finally, we heard from our dear former Senate colleague and my predecessor as chair of the committee, the Honourable Raynell Andreychuk. It was former Senator Andreychuk who spearheaded Canada’s Sergei Magnitsky Law by sponsoring then Bill S-226, which received Royal Assent on October 18, 2017.

Senator Andreychuk’s bill and the date it became law provided the impetus for the committee’s study. The Justice for Victims of Corrupt Foreign Officials Act prescribes a report and review requirement under section 16. Section 16(1) states:

Within five years after the day on which this section comes into force, a comprehensive review of the provisions and operation of this Act and of the Special Economic Measures Act must be undertaken by the committees of the Senate and of the House of Commons that are designated or established by each House for that purpose.

This is the procedural answer to why the committee undertook this study and when, but it was not thrust upon us either. The committee actively sought authorization from the Senate to conduct this study, which was granted on October 17 of last year. In my completely unbiased opinion, the Senate Foreign Affairs and International Trade Committee was best placed between the two houses of Parliament to take this on, given both the Senate’s strong reputation for committee work and the Senate’s less partisan nature.

Section 16(2) states:

The committees referred to in subsection (1) must, within a year after a review is undertaken under that subsection or within any further time that may be authorized by the Senate or the House of Commons, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committees recommend.

Well in advance of the one-year mark, that is what the committee has done, colleagues, and I’m expanding on that a little bit today.

Part of the reason I as chair was so keen on the committee undertaking the first comprehensive review of the provisions and operation of the Sergei Magnitsky Law and of the Special Economic Measures Act, or SEMA, was because, as we all know, sanctions have been one of the most used diplomatic tools and one of the most debated issues of the past 15 months since Russia invaded Ukraine on February 24, 2022.

Also, these legislative instruments have become increasingly important in the government’s tool kit, particularly as the United Nations Act is used less frequently given the gridlock at the United Nations Security Council on sanctions issues — and so many others. In other words, colleagues, both procedurally and topically, this was the right time for this study.

As the report states, over the course of the study, witnesses highlighted various improvements made to the sanctions regime over the past five years, including the creation of the Consolidated Canadian Autonomous Sanctions List. However, witnesses also said that the Government of Canada must improve how it communicates information on autonomous sanctions to the public and called on the government to develop clear guidance on the interpretation of sanctions regulations.

After hearing from the 26 expert witnesses, the committee concluded that Canada must outline the goals it wishes to achieve through the imposition of sanctions and must analyze the results regularly.

It was clear in our deliberations that the committee believes in the usefulness of the Sergei Magnitsky Law and the Special Economic Measures Act. However, as is outlined in the report, the committee is making 19 recommendations to improve the coherence and operation of Canada’s sanctions regime. I wish to highlight a few of the more consequential recommendations.

Recommendation 19 calls on the government to:

. . . amend the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to require that new regulations made under either Act include a sunset clause that would prescribe a date for the termination of the sanctions regime unless renewed prior to the expiry of the term.

As the committee heard, there is a fair bit of precedent in the use of sunset clauses and sanctions laws around the world, including by the European Union and the United Nations.

Dr. Meredith Lilly, a professor at Carleton University’s Norman Paterson School of International Affairs, summarized the need for sunset clauses during the committee’s meeting on November 2, 2022. Dr. Lilly said these measures could “. . . ensure that outdated and unnecessary sanctions are removed, and it can also decrease the politicization of the sanctions.” She further argued that automatic sunsetting clauses:

. . . force a discipline on the public service to continuously monitor and stay abreast of the developments to inform any renewal decisions.

Basically, the committee is advocating for sunset clauses to amendments to Canada’s sanctions regimes to ensure that the laws always serve their intended purposes and are, without politicization, consistently reviewed by well-informed policy‑makers.

In recommendation 18, the committee recommends that committees of the Senate and the House of Commons conduct a comprehensive review of the two acts every 10 years to ensure that Canada’s autonomous sanctions regimes remain fit for purpose. This recommendation is deliberately non-prescriptive to give the government of the day flexibility in determining how to amend the Sergei Magnitsky Law in this regard.

What this could look like, in my opinion, is that to ensure ongoing review, the designated committees in the Senate and the House of Commons could alternate five-year periods so that, in effect, the Sergei Magnitsky Law and SEMA would each be reviewed every five years, and by each committee every ten years.

For example, the Senate Foreign Affairs and International Trade Committee reviewed the laws in 2023; the House committee could do so in 2028; then it would be back to the Senate in 2033, et cetera.

Other fundamental recommendations include those on communication; interdepartmental cooperation; administration and enforcement; collaboration with allies, civil society and the academic and research communities; and delisting.

With regard to interdepartmental cooperation, the committee noted the establishment of a sanctions bureau at Global Affairs Canada and the need to ensure that officials engaged in sanctions work — especially in the RCMP, CBSA, FINTRAC, CSIS and CSE — are well versed. Increased cooperation among domestic departments and agencies also requires closer collaboration with similar units in jurisdictions with which Canada is allied.

On communication, I was struck by the extent to which a more effective sanctions regime comes down to better communication with the public regarding the effects and implementation of autonomous sanctions. That is why recommendation 10 calls on the government to:

. . . provide more detailed identifying information on sanctioned individuals and entities in the regulations made pursuant to the Special Economic Measures Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

The committee further recommends:

The government should also include detailed identifying information in the Consolidated Canadian Autonomous Sanctions List, along with the justifications for listing individuals and entities.

Colleagues, I will not recite every recommendation. I simply wished to highlight a few that I feel are particularly important.

I encourage those of you who are interested to read the report, as it is, I think, an exceptional piece of work, of which I am proud as chair, on a subject that is both crucial and timely, especially given the significant increase in the use, by Canada and our allies, of autonomous sanctions since Russia invaded Ukraine.

I wish to thank committee members and other colleagues who participated in these meetings, the staff — in particular, the committee analysts who drafted the report — and the expert witnesses, without whose time and commentary this study would not have happened and this report would not exist.

Colleagues, there may be other senators who wish to speak on this report. I very much look forward to more debate on this important topic. It is my hope that this motion, and thus the report, will be adopted very soon — as in very, very soon — so that we can maintain momentum and start the clock on the 150 days the government will have to provide a full and detailed response. Thank you very much.

Hon. Peter M. Boehm, pursuant to notice of May 4, 2023, moved:

That the twenty-sixth report of the Standing Senate Committee on Foreign Affairs and International Trade entitled Cultural Diplomacy at the Front Stage of Canada’s Foreign Policy, tabled in the Senate on June 11, 2019, during the First Session of the Forty-second Parliament, be placed on the Orders of the Day under the rubric Other Business, Reports of Committees – Other, for consideration at the next sitting.

He said: Honourable senators, I rise today to explain and advocate for this motion, which is the first step towards the Senate finally adopting the 2019 report of the Standing Senate Committee on Foreign Affairs and International Trade entitled Cultural Diplomacy at the Front Stage of Canada’s Foreign Policy.

This report was tabled in the Senate on June 11, 2019, during the first session of the Forty-second Parliament but was not adopted before Parliament was dissolved that summer in advance of the federal election in October 2019.

This means that, despite the comprehensiveness of this report on an important subject and the significance placed upon it by practitioners and supporters of cultural diplomacy and Canadian studies programs, no response has been required from the Government of Canada.

Should this motion — and then, subsequently, the report — be adopted, a government response will be requested of and required by Global Affairs Canada and the Department of Canadian Heritage.

Along with me and fellow current committee members Senator Coyle, Senator Greene and Senator Housakos, colleagues who were members of the committee during the study leading to this report were Senator Ataullahjan, Senator Cordy, Senator Dean, Senator Massicotte and Senator Saint-Germain.

Former Senate colleagues who were members at that time included my predecessor as chair, Senator Raynell Andreychuk, and Senator Dennis Dawson and Senator Thanh Hai Ngo.

Several more senators contributed to the committee’s study, including current colleagues Senator MacDonald, now a member of the committee; Senator Cormier; Senator Martin; Senator Miville-Dechêne; Senator Mockler; Senator Oh and Senator Tannas. Former senators Anne Cools and Richard Neufeld also participated.

Colleagues, I recite all of these names to underline the breadth of experience and expertise from which the committee benefited during its study between 2017 and 2019 on “. . . the impact and utilization of Canadian culture and arts in Canadian foreign policy and diplomacy, and other related matters . . . .”

There is one senator I have yet to name, a committee member at the time of the study, whose unwavering advocacy for the importance of cultural diplomacy as a pillar of Canada’s foreign policy ultimately led to the committee’s study and the report we are now considering putting back on the Order Paper. That senator is, of course, our dear colleague Senator Patricia Bovey —

Hon. Peter M. Boehm, pursuant to notice of May 3, 2023, moved:

That, notwithstanding the order of the Senate adopted on Tuesday, February 7, 2023, the date for the final report of the Standing Senate Committee on Foreign Affairs and International Trade in relation to its study on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada be extended from September 29, 2023 to December 29, 2023.

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

Hon. Peter M. Boehm, pursuant to notice of December 8, 2022, moved:

That, notwithstanding the order of the Senate adopted on Thursday, February 24, 2022, the date for the final report of the Standing Senate Committee on Foreign Affairs and International Trade in relation to its study on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada be extended from March 30, 2023, to September 29, 2023.

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

Hon. Peter M. Boehm, pursuant to notice of October 6, 2022, moved:

That the Standing Senate Committee on Foreign Affairs and International Trade be designated to conduct a comprehensive review of the provisions and operation of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) and the Special Economic Measures Act, pursuant to section 16 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law);

That, in accordance with subsection 16(2) of the Sergei Magnitsky Law, the committee submit its report on this review no later than June 23, 2023.

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.

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.

Hon. Peter M. Boehm, pursuant to notice of February 10, 2022, moved:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada, and on other related matters; and

That the committee submit its final report no later than March 30, 2023, and that it retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

Hon. Peter M. Boehm, pursuant to notice of February 8, 2022, moved:

That the Standing Senate Committee on Foreign Affairs and International Trade, in accordance with rule 12-7(4), be authorized to examine such issues as may arise from time to time relating to foreign relations and international trade generally; and

That the committee report to the Senate no later than June 30, 2025.