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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 131
Tuesday, December 3, 2024, 11:03 a.m. to 1:09 p.m.
Webcast
Presiding
Ali Ehsassi, Chair (Liberal)

• Hon. Ed Fast for Hon. Michael D. Chong (Conservative)
• Gary Vidal for Randy Hoback (Conservative)
House of Commons
• Michelle Legault, Legislative Clerk
• Jacques Maziade, Legislative Clerk
 
Library of Parliament
• Allison Goody, Analyst
• Billy Joe Siekierski, Analyst
Canada Border Services Agency
• Derek Janhevich, Director, Inadmissibility Policy
Department of Foreign Affairs, Trade and Development
• Vasken Khabayan, Acting Executive Director, Sanctions Policy, and Sanctions Outreach, Compliance & Enforcement
• Toby Schwartz, Director, Consular Policy, Arbitrary Detention and Hostage Affairs
• Richelle Smockum, Deputy Director, Emergency Management Policy and International Critical Incidents
Royal Canadian Mounted Police
• Denis Beaudoin, Director General, Federal Policing, National Security
Pursuant to the order of reference of Wednesday, June 5, 2024, the committee resumed consideration of Bill C-353, An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act.

The witnesses answered questions.

The committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) and of the Preamble was postponed.

The Chair called Clause 2.

Clause 2 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 3 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 4 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 5 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

On new Clause 5.1,

Heather McPherson moved, — That Bill C-353 be amended by adding after line 2 on page 6 the following new clause:

“5.1 (1) Any order or regulation made under subsection 5(1) must be evidence-based and outline the rationale for determining that a foreign national, foreign state or foreign entity has acted as described in subsection 5(2) and must be redacted to remove any classified or sensitive information.

(2) Before making an order or regulation under subsection 5(1), the Governor in Council must implement robust identity verification measures, including the verification of date of birth, place of birth and national identification number of foreign nationals, to prevent the wrongful inclusion of a foreign national, foreign state or foreign entity in an order or regulation.

(3) Any order or regulation made under subsection 5(1) is subject to judicial review to ensure compliance with Canadian law, the Canadian Charter of Rights and Freedoms and Canada's international obligations.”

Debate arose thereon.

Ziad Aboultaif moved, — That the amendment be amended by replacing the word “including” with the words “which may include”.

At 11:30 a.m., the meeting was suspended.

At 11:41 a.m., the meeting resumed.

After debate, the question was put on the subamendment of Ziad Aboultaif and it was negatived on the following recorded division:

YEAS: Ziad Aboultaif, Dave Epp, Ed Fast, Gary Vidal — 4;

NAYS: Omar Alghabra, Stéphane Bergeron, Sophie Chatel, Hedy Fry, Heather McPherson, Robert Oliphant, Sameer Zuberi — 7.

After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:

YEAS: Stéphane Bergeron, Heather McPherson — 2;

NAYS: Ziad Aboultaif, Omar Alghabra, Sophie Chatel, Dave Epp, Ed Fast, Hedy Fry, Robert Oliphant, Gary Vidal, Sameer Zuberi — 9.

Clause 6 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

By unanimous consent, Clauses 7 to 18 inclusive carried severally on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

On Clause 19,

Heather McPherson moved, — That Bill C-353, in Clause 19, be amended

(a) by replacing line 3 on page 11 with the following:

“cant, confirming the error, and provide the applicant with written reasons for the determination; or”

(b) by replacing line 5 on page 11 with the following:

“to the applicant of the determination that includes the written reasons for the determination, the evidence and criteria relied on — subject to restrictions in the interest of national security — and the rules of evidence applied.

(3) The applicant has the right to request, from a court of competent jurisdiction, a review of the Minister's determination within 30 days of receiving the notice under paragraph (2)(b). The court must issue a decision within 30 days of receiving the request.”

After debate, the question was put on the amendment of Heather McPherson and it was agreed to on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 19, as amended, carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 20 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Dave Epp, Ed Fast, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

On Clause 21,

Heather McPherson moved, — That Bill C-353, in Clause 21, be amended by deleting lines 26 to 30 on page 11.

After debate, the question was put on the amendment of Heather McPherson and it was negatived on the following recorded division:

YEAS: Stéphane Bergeron, Heather McPherson — 2;

NAYS: Ziad Aboultaif, Omar Alghabra, Sophie Chatel, Michael D. Chong, Dave Epp, Hedy Fry, Robert Oliphant, Gary Vidal, Sameer Zuberi — 9.

After debate, Clause 21 was negatived on the following recorded division:

YEAS: Ziad Aboultaif, Michael D. Chong, Dave Epp, Gary Vidal — 4;

NAYS: Omar Alghabra, Stéphane Bergeron, Sophie Chatel, Hedy Fry, Heather McPherson, Robert Oliphant, Sameer Zuberi — 7.

Clause 22 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Michael D. Chong, Dave Epp, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 23 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Michael D. Chong, Dave Epp, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 24 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Michael D. Chong, Dave Epp, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 25 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Michael D. Chong, Dave Epp, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

After debate, Clause 26 was negatived on the following recorded division:

YEAS: Ziad Aboultaif, Michael D. Chong, Dave Epp, Gary Vidal — 4;

NAYS: Omar Alghabra, Stéphane Bergeron, Sophie Chatel, Hedy Fry, Heather McPherson, Robert Oliphant, Sameer Zuberi — 7.

Clause 27 carried on the following recorded division:

YEAS: Ziad Aboultaif, Stéphane Bergeron, Michael D. Chong, Dave Epp, Heather McPherson, Gary Vidal — 6;

NAYS: Omar Alghabra, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 5.

Clause 1, Short Title, carried on division.

The Preamble carried on division.

The Title carried on division.

The Bill, as amended, was negatived on the following recorded division:

YEAS: Ziad Aboultaif, Michael D. Chong, Dave Epp, Gary Vidal — 4;

NAYS: Omar Alghabra, Stéphane Bergeron, Sophie Chatel, Hedy Fry, Heather McPherson, Robert Oliphant, Sameer Zuberi — 7.

At 12:30 p.m., the meeting was suspended.

At 12:52 p.m., the meeting resumed.

Motion

Robert Oliphant moved, — That the committee, pursuant to Standing Order 97.1, recommend that the House of Commons do not proceed further with Bill C-353, An Act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act, because the overwhelming majority of witnesses appearing before the committee have raised serious concerns with this legislation, have indicated that it is not necessary at this time and that it may have unintended consequences. This does not negate the objectives of this Bill and the Committee draw the concerns the Bill is attempting to address to the attention of the Government; that the Chair present the report to the House.

Debate arose thereon.

The question was put on the motion and it was agreed to on the following recorded division:

YEAS: Omar Alghabra, Stéphane Bergeron, Sophie Chatel, Hedy Fry, Robert Oliphant, Sameer Zuberi — 6;

NAYS: Ziad Aboultaif, Michael D. Chong, Dave Epp, Heather McPherson, Gary Vidal — 5.

The committee proceeded to the consideration of matters related to committee business.

It was agreed, — That the calendar, as amended, be adopted.

At 1:09 p.m., the committee adjourned to the call of the Chair.



Alexandre (Sacha) Vassiliev
Clerk of the committee