moved that Bill , 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, be read the second time and referred to a committee.
He said: Mr. Speaker, for almost 10 months, Canadians have watched in shock and horror at Russia's unjust, abhorrent and illegal invasion of Ukraine. On February 24, 2022, without provocation, Russian forces initiated this egregious step, which is a blatant violation of international law, the charter of the United Nations and the rules-based international order.
[Translation]
The attacks have caused widespread devastation of Ukrainian infrastructure and property, as well as unnecessary deaths of Ukrainians, including civilians.
[English]
These actions are a continuation and acceleration of the violent steps taken by Russia since early 2014 to undermine Ukrainian security, sovereignty and independence. The Government of Canada is committed to supporting those fleeing the destruction and devastation in Ukraine and to providing a safe haven for those fleeing their war-torn home country.
As we said since the beginning, whether it is military, political or economic support, Canada will continue to be there for Ukraine and hold Russia accountable. In the face of such brazen disregard for the international order, the Government of Canada has responded to the Russian invasion of Ukraine through the use of economic measures, including sanctions, to send a clear and unequivocal message that the aggression displayed by the Russian regime will not be tolerated.
These measures apply pressure on the Russian leadership to end its senseless war, which has resulted in the loss of thousands of lives and caused indescribable suffering to the people of Ukraine. These measures are the latest example of Canada's unwavering commitment to Ukraine and its people.
Since the invasion of Ukraine commenced in February, the Government of Canada has imposed sanctions under the Special Economic Measures Act on almost 1,200 individuals in Russia, Ukraine and Belarus.
[Translation]
Further targeted sanctions are planned in response to Russian aggression, demonstrating that Canada is a leader in the international effort to hold Russian leaders accountable for this violent and unprovoked attack on Ukraine.
[English]
More recently, the Government of Canada imposed additional sanctions under SEMA against Iranian officials in response to the Iranian regime's ongoing grave breaches of international peace and security and gross human rights violations. These breaches and violations include its systemic persecution of women and, in particular, the egregious actions committed by Iran's so-called morality police, which led to the death of Mahsa Amini while in their custody.
Targeted sanctions have been imposed against senior Iranian officials and prominent entities that directly implement repressive measures, violate human rights and spread the Iranian regime's propaganda and misinformation.
The legislative amendments we are introducing to the Immigration and Refugee Protection Act would provide Canada with much needed abilities to better align government-imposed sanctions with authorities related to immigration enforcement and access to Canada. The IRPA defines when a person is inadmissible to Canada and establishes the applicable criteria for all foreign nationals and permanent residents who seek to enter or remain in Canada.
However, IRPA, as it stands, is incongruous with our inadmissibility regime. Its inadmissibility provisions do not clearly align with the basis for imposing the majority of SEMA sanctions issued against Russia and Iran.
Issuing sanctions against these countries on the grounds of a grave breach of international peace and security, which has resulted in the serious situation that we see today, does not automatically trigger inadmissibility. This means that most individuals sanctioned pursuant to SEMA may nevertheless have access to travel to, enter or remain in Canada if they are not otherwise deemed inadmissible.
[Translation]
This runs counter to Canada's policy objectives with respect to the measured application of sanctions and restrictions on foreign nationals who are part of the Russian or Iranian regimes or who are key supporters of those regimes.
[English]
Legislative amendments are required on an urgent basis to align the IRPA sanctions inadmissibility regime clearly with that of SEMA.
That is why I am here today to introduce Bill , an act to amend the Immigration and Refugee Protection Act, which would, among other things, expressly align the IRPA with SEMA to ensure that all foreign nationals subject to sanctions under SEMA would be inadmissible to Canada.
If passed, the current inadmissibility grounds relating to sanctions would be expanded to ensure that foreign nationals subject to sanctions, for any reason under SEMA, would be inadmissible to Canada. This would include foreign nationals sanctioned not only in Russia, Belarus, Ukraine and Iran but also sanctioned individuals from Myanmar, South Sudan, Syria, Venezuela, Zimbabwe and North Korea.
In addition, these amendments would also modernize the current sanction inadmissibility framework set out in IRPA.
[Translation]
Allow me to explain the importance of this legislation and why I am seeking to pass it into law.
[English]
The amendments of this bill would allow for all sanctions related to inadmissibility grounds to be treated in a cohesive and coherent manner; strengthen inadmissibility legislation that we already have in place rendering persons subject to sanctions inadmissible to Canada; ensure that the sanctions imposed by the Government of Canada would have direct consequences in terms of immigration and access to Canada; and allow Immigration, Refugees and Citizenship Canada officials to deny temporary or permanent resident visas overseas and authorize Canada Border Services Agency officials to deny entry to and remove from Canada sanctioned individuals.
Once enforced, these amendments would apply to all foreign nationals who are subject to sanctions issued unilaterally by Canada and to their immediate family members. These changes would ensure that all Russian and Iranian officials sanctioned under SEMA, and their sanctioned supporters, are inadmissible to Canada.
Without the proposed amendments, those who are sanctioned in response to the situations in Ukraine and Iran are not necessarily inadmissible unless they have violated some other provision of IRPA. This proposed legislation would completely close that gap.
[Translation]
This approach also aligns with and builds on recent strong legislative activity.
[English]
For example, in the 2017 report by the Standing Committee on Foreign Affairs and International Development, entitled “A Coherent and Effective Approach to Canada's Sanctions Regimes: Sergei Magnitsky and Beyond”, the committee recommended that the IRPA be amended to designate all individuals sanctioned under SEMA as inadmissible to Canada.
Subsequently, also in 2017, the Justice for Victims of Corrupt Foreign Officials Act, also known as the Sergei Magnitsky law or Bill , came into force. This act created two new inadmissibility grounds, which aligned with certain sanctions, provisions related to international human rights violations, and significant corruption. Subsequent amendments to the IRPR were also made, so that delegated CBSA officers, as opposed to the immigration division of the Immigration and Refugee Board, were empowered to issue removal orders directly at ports of entry for individuals inadmissible pursuant to the newly created sanctions inadmissibility provisions.
[Translation]
This ensured that these individuals would not have to be physically referred into Canada for admissibility hearings before the Immigration Division.
[English]
Finally, budget 2018 provided the CBSA with the necessary funding to work with Global Affairs Canada and Immigration, Refugees and Citizenship Canada to ensure that inadmissible sanctions cases are identified as early as possible in the travel continuum to prevent them from gaining access to our country.
These investments and the effective work of border management and immigration officials in Canada and abroad support the proposed legislative amendments that I am seeking your support for today.
Furthermore, while funding from budget 2018 ensured the proposed amendments were completed in a timely manner, the timeline of this proposal was adjusted to realign with border management and public safety priorities related to the necessary COVID-19 pandemic response. Nevertheless, proactive development of the amendments in Bill has enabled a timely legislative response to the Russian invasion of Ukraine and Iran's violent crackdown against civilian protesters.
Further to the work already done, there are additional complementary and coordinating amendments introduced in this bill, which are required to align inadmissibility provisions with the sanctions provisions while maintaining the integrity of both frameworks.
First, all the sanctions inadmissibility provisions will be treated in a cohesive and coherent manner. This includes, for instance, adding a temporal element to all the sanctions inadmissibility provisions, which means that a person is inadmissible only for as long as they remain on a sanctions list. In addition, as is the case today with IRPA, immediate family members of foreign nationals inadmissible for sanctions are also inadmissible. Similarly, existing provisions of IRPA with respect to immigration, detention and sanctioned individuals would apply to the new sanctioned grounds.
Second, further legislative amendments in this bill would ensure that the inadmissibility framework related to multilateral sanctions, such as sanctions issued in concert with the United Nations, would be expanded to include groups or non-state entities, as opposed to only when states are sanctioned, as is the case today. Currently, sanctions issued against groups and non-state entities, such as al Qaeda or ISIL, do not automatically trigger sanctions-related inadmissibility ground. The proposed amendments would further facilitate interdiction and enforcement for sanctions issued multilaterally.
Make no mistake, the proposed amendments would improve Canada's ability to identify and stop sanctioned foreign nationals before they can get to Canada. In the event that some do nevertheless arrive at our borders, delegated CBSA officers would have the authority to issue removal orders immediately at ports of entry for all those inadmissible for sanctions.
[Translation]
It is important to note that sanctions inadmissibility is the most efficient and effective mechanism to swiftly identify inadmissible persons as early as possible in the travel continuum and to deny their ability to acquire a visa to Canada.
[English]
While other inadmissibility provisions may be applicable to some sanctioned individuals, it should not be assumed that all sanctioned individuals are also inadmissible for other grounds. Moreover, other potentially relevant inadmissibility grounds, such as those relating to engaging in war crimes, require extensive investigation, case-by-case analysis, and hearings before the Immigration and Refugee Board before they can be applied and yield consequences. It is not expected to be the case that all individuals who are sanctioned can in fact also be found inadmissible for some other ground under IRPA.
Unless there is a clear and specific ground for inadmissibility in IRPA against given individuals, immigration and border officers do not have the discretion to deny access to Canada. These amendments are therefore vital to ensuring consistent alignment between inadmissibility and sanctions.
Bill will also support other inadmissibility and immigration enforcement measures being pursued with respect to Iran. Additional measures against the Iranian regime were announced on October 7. The announced that the Government of Canada would be seeking to designate the Iranian regime under IRPA. This means that in addition to the individual sanctions, the top 50% of the most senior echelons and the members of the Iranian regime most responsible for egregious serial human rights violations will be considered inadmissible to Canada once the regime has been designated, and indeed that has been done.
Other refinements are included in the proposed amendments in Bill . For instance, we will correct an inconsistency with respect to refugee policy that was created through Bill . The Sergei Magnitsky law rendered inadmissible foreign nationals ineligible to make a refugee claim. However, multilateral sanctions such as those issued under the United Nations Act do not have the same consequence in IRPA.
[Translation]
Similarly, the Refugee Convention itself does not identify sanctions in and of themselves as sufficient to warrant exclusion from refugee protection.
[English]
The proposed amendments in this bill would correct that asymmetry and ensure that foreign nationals are not ineligible to have a refugee claim referred to the refugee protection division of the Immigration and Refugee Board on account of being inadmissible solely due to sanctions in line with Canada's international obligations.
Given the measures in place to deny sanctioned individuals access to our borders, in the rare case in which an individual can apply for refugee protection in Canada, all foreign nationals inadmissible due to sanctions who are granted refugee or protected person status would not be eligible to become permanent residents while those sanctions are in place. This is a balanced yet firm approach.
In addition, should a person inadmissible due to sanctions be subject to removal proceedings, they would be eligible to apply for a preremoval risk assessment, ensuring a fair assessment of risks facing them upon removal from Canada.
In recognition of sanctions being a deliberate statement of government policy, further amendments are proposed to narrow the available pathways to overcome inadmissibility for sanctions within IRPA.
I believe that lifting of the sanction in and of itself is the mechanism by which the consequences of a sanction should be avoided. As such, the bill proposes to remove access to ministerial relief for individuals who are inadmissible for sanctions. Furthermore, individuals inadmissible for sanctions would not have access to an appeal of the inadmissibility decision before the immigration appeal division, nor may they make an application for permanent residence on humanitarian and compassionate grounds, under our proposed amendments. Any request for recourse related to sanctions ought to be made to the sanctions-issuing body.
[Translation]
For example, individuals inadmissible due to sanctions imposed by Canada could submit an application for delisting to the Minister of Foreign Affairs.
[English]
In addition, as with all decisions under IRPA, the federal court will continue to have jurisdiction to conduct judicial review of inadmissibility determinations on the basis of sanctions.
The bill also includes coordinating amendments to the Emergencies Act and the Citizenship Act to maintain and clarify existing authorities related to sanctions inadmissibility in those pieces of legislation.
[Translation]
Now more than ever, we must move to align the Immigration and Refugee Protection Act sanctions regime with the regime under the Special Economic Measures Act.
[English]
The senators have agreed to adopt the motion and, to quote Senator Omidvar, have marked this bill as “super urgent”. I urge members to review Bill with the same sense of urgency. The bill will provide Canada with much-needed authorities to better link government sanctions, as well as the authorities necessary for our immigration officials to deny access to Canada. It will also better enable us to contribute to concerted action with our international partners.
[Translation]
The bill we are introducing in the House today is a prudent and comprehensive approach that would allow our government to respond to the Russian and Iranian regimes' aggression with appropriate immigration consequences.
[English]
This legislation and these amendments would provide a clear and strong message that the Government of Canada's comprehensive sanctions framework has meaningful and direct consequences, not only from an economic perspective, but from an immigration and access to Canada perspective as well. Doing so would allow us to stand up for human rights both here and abroad.
:
Mr. Speaker, I will be splitting my time with the wonderful member for .
It is always a pleasure to rise in this chamber to speak to legislation. Today, we are talking about Bill to ensure that foreign nationals who are subject to economic sanctions are not able to enter our country.
Since we are also talking about human rights, I did want to take a moment to address an incident that happened this weekend to a very important person to Parliament, Irwin Cotler, who was at the premier of a documentary of his life and tireless work for human rights across the world. He was openly harassed and criticized at this event, which disrupted it and made quite a mockery of the whole thing. It made people very uncomfortable. Everyone should be open to public criticism and debate, as Mr. Cotler has always been and has never shied away from, but we are losing our decency as a society if we think it is acceptable to treat fellow humans this way.
In many circumstances, criticisms of accomplished Jewish people are often rooted in some form of anti-Semitism. It is okay for us to disagree with each other and we should encourage that at all times, but free speech also comes with a responsibility to treat one another with respect and decency.
We are now 10 months into Russia's war of aggression in Ukraine, but it was back in 2014 when Russia took actions and annexed Crimea. This egregious step was a blatant violation of international law. These attacks have caused the widespread devastation of Ukrainian infrastructure and property and the deaths of a number of civilians, notably women and children. These actions are a continuation of accelerated aggressive steps taken by Russia against Ukraine, and they threaten the international rules-based order. Canada responded, in part, through the use of economic measures, as did many of our allies. These sanctions are contained in the Special Economic Measures Act, and they affect about 1,000 individuals in Russia, Ukraine and Belarus.
The bill we have before us seeks to amend the Immigration and Refugee Protection Act, or IRPA, as we just heard the minister refer to it, in order to do several things, as I understand it.
First, the bill seeks to reorganize existing inadmissibility provisions relating to sanctions in order to establish a distinct ground of inadmissibility based on sanctions that Canada may impose in response to an act of aggression.
Second, it proposes to expand the scope of inadmissibility based on such sanctions to include not only sanctions imposed on a country, but also those imposed on an entity or a person. This is important given we have listed individuals as part of our economic sanctions, not just countries.
Third, it would expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act.
Last, it would amend the immigration and refugee protection regulations to provide that the Minister of Public Safety and the Minister of Emergency Preparedness, rather than the immigration division, will have the authority to issue a removal order on the grounds of inadmissibility based on sanctions under a new paragraph of the Immigration and Refugee Protection Act. That will provide Canada with the needed ability to better link government action with economic sanctions for those who are seeking to come into Canada and experience a wonderful life here.
The Immigration and Refugee Protection Act defines when a person is inadmissible to Canada and establishes the applicable criteria for all foreign nationals and permanent residents who seek to enter or remain in Canada. However, its inadmissibility provisions do not align with the basis for imposing the majority of economic sanctions. This means that an individual who has been sanctioned economically can still show up to Canada and claim refugee protection. They are then able to be here in Canada to experience the life we have built. This is quite clearly a loophole that undermines confidence in our system and laws, and Canadians will not accept that these sanctioned individuals get to remain in Canada.
This loophole matters not only to Russian actors. Let us not forget about other countries with citizens who have been subjected to some of these sanctions: Belarus, Myanmar, South Sudan, Syria, Venezuela, Zimbabwe, North Korea and, of course, Iran.
With Iran, I will also mention that we should be doing much more than we are. We just heard an exchange between members of the opposition and the on that front. It is important to list the IRGC as a terrorist organization. That was the will of the House constituted back in 2018 and was again reaffirmed by the House just recently. We must act much more forcefully with respect to the IRGC. Canadians expect that of us.
Canada is often behind when it comes to some of these international actions. This is becoming part of our international reputation, and it is not a good one. We have been late with Magnitsky sanctions. We often wait to see where the political winds are blowing. We are too careful not to offend anyone.
Let us consider the government's official response to the Iranian protests, as we have discussed, or the treatment of the Uighur population by the Chinese Communist Party. We have been calling on the government to do more and it continually shies away from its responsibility. We are not being taken as seriously by the international community as we once were.
All too often, Canada's position is not substantive and not principle-based. It is slow to act, and often with half measures. Take, for example, the government's frenetic position on China. If we do not like the government's policy on China, we just have to ask another minister and we will eventually get the answer we like. Often the government is caught without a plan and requires significant public shaming to get some action.
Let us take, for example, the international commitment to fight money laundering through introducing a beneficial ownership registry and regime. This is exactly connected to preventing individuals who are sanctioned economically from hiding their assets across the world. Canada has one of the weakest laws for identifying assets in beneficial ownership. We are one of the only countries that has yet to introduce the beneficial ownership registry. The government promised to do it all the way back in 2019, then it said it would not get to it until 2025. Now it says that it will be bringing it in at the end of next year, but we are still waiting to see the legislation.
Yes, the government has agreed to fast-track it, but there is still much more to do. All the other countries are moving so much further ahead of us when it comes to fighting global money laundering. Again, it is connected to this legislation because these individuals have assets all across the world. It might be the case that we will not allow sanctioned individuals to come into Canada now, but those individuals could still hide their assets here because we do not have a way of finding out who owns what in our country. We need to do much more, much more quickly on this front.
Once again, the government says all the right things, but fails to execute on much of it. Yes, we see some action here, but I guess, as the saying goes, a broken clock is right at least twice a day.
I look forward to the committee discussions on Bill . It is important legislation. We have already heard members in the chamber on the opposition side ask why it is taking so long. We look forward to moving the legislation through to committee, addressing perhaps some of the amendments that were brought forward by the NDP. It is an important step for our country to put in place measures that make it harder for individuals who have violated human rights and international laws to come here, to remain in a wonderful country that we have built and get the advantages of the political and legal systems that we have built.
It is with great pleasure that I speak in favour of the legislation and I look forward to it going to committee.
:
Mr. Speaker, I rise today to address Bill , 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. The bill before us seeks to make several changes to the Immigration and Refugee Protection Act.
The bill proposes to reorganize existing inadmissibility provisions relating to sanctions. This proposal is to establish a distinct ground of inadmissibility based on sanctions that Canada may impose in response to an act of aggression.
When Russian dictator, Putin, invaded Ukraine, the world watched in horror. A democratic country, in a region of the world where I and so many other Canadians have family roots, was being shelled and attacked with hostile aggression.
Since the invasion of Ukraine commenced in February, the Government of Canada has imposed sanctions under the Special Economic Measures Act, also known as SEMA, on over 1,000 individuals in Russia, Ukraine and Belarus. However, these sanctions on their own were not grounds that would have been enough to prevent those friends of Putin from gaining citizenship, permanent residency or refugee status in Canada. Bill serves to correct that loophole.
Bill also proposes to expand the scope of inadmissibility based on such sanctions. It recommends to include not only sanctions imposed on a country, but also those imposed on an entity or a person. Such sanctions are becoming more and more common as we see dictatorial governments where the citizenry need not be held accountable for the tyrannical actions of the dictator in charge.
The sanctions against the country, although beneficial to show Canada's opposition to the actions of a rogue government and practicality, have the largest negative impact against those citizens. It is those citizens who now will bear the weight of a corrupt dictator and face the unintended impacts of our sanctions.
Bill would also expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of SEMA, the Special Economic Measures Act.
It would also amend the Immigration and Refugee Protection Regulations to provide the Minister of Public Safety and Emergency Preparedness, instead of the immigration division, to have the authority to issue a removal order on grounds of inadmissibility based on sanctions under the new paragraph 35 of the Immigration and Refugee Protection Act.
This gives me pause. I understand the value of having the ability to have the Minister of Public Safety step in and become involved should the situation warrant it, but the current minister is certainly not a beacon of responsibility, accountability and trust.
Let us not forget that it was the current who, in his previous position as the minister of immigration, was responsible for failing to protect the Afghan interpreters that Canada relied upon in the war in Afghanistan.
Let us not forget that it was the current who introduced the strongest emergency legislation in Canada against his own citizens when he invoked the Emergencies Act to avoid meeting with freedom convoy organizers who came here to be heard by the government.
Let us not forget that it was the same who was having his Liberal colleagues turn Bill from a ban on law-abiding handgun owners and sport shooters into an all-out targeting of hunters, farmers and indigenous Canadians.
If I were to go through all the failures of the current , I would need more time than I have, but I know my colleagues are eagerly waiting to speak. I can take solace in knowing that the powers in this legislation will belong to a Conservative Minister of Public Safety after the next election, but I digress.
Currently the laws of Canada do not directly specify that international sanctions are a basis upon which we can reject permanent residents, citizenship or refugee applications. We do have faith in our bureaucracy to make the decisions that need to be made to protect Canada and the enjoyment of citizenship, permanent residency or refugee status. This new framework would provide it the ability to make clear and direct decisions that would completely implement the will of Parliament and fully utilize existing laws, like the Justice for Victims of Corrupt Foreign Officials Act, also known as Canada's Sergei Magnitsky law.
Bill also practically ensures that no sanctioned individual could appeal the actions taken against them and their application for citizenship, permanent residency or refugee status due to the vagueness of the laws. Without Bill S-8, the bureaucracy could not simply disallow an application on the grounds of the applicant being a sanctioned individual. Now they need to go through a more untraditional process of excluding them for the actions that put them onto the sanctions list, which can lead to vagueness in the rejection.
We know these sanctioned individuals typically are coming to Canada with ill-gotten gains. They therefore have the means available to them to hold up the process, litigate the decisions and not only tie up our courtrooms and appeal processes from those deserving of them, but also cost the Canadian government and taxpayers time and money dealing with these processes.
I am glad the government has finally taken the time in the House to implement the Magnitsky act in a manner that would give it some teeth. Conservatives are supporting this bill. We have always strongly supported sanctions against individuals, entities and countries that threaten the national interest or international law. We have been critical of cases where individuals with ties to prescribed organizations, but who are not necessarily on a terrorist list, have been allowed entry to Canada. We have always put the national interest first with respect to questions of citizenship and immigration. Conservatives have strongly supported the Magnitsky act.
Canadians should not worry sanctioned individuals are seeking to enter our communities when so many legal, law-abiding applicants are waiting to immigrate. Our allies must also be assured we will uphold our sanctions.
In closing, this legislation was introduced, as was mentioned previously, in the Senate in May of this year. It was passed through the Senate in under a month. That is including first reading, second reading with debate, committee stage, the report stage and the third reading with debate.
The Liberal government introduced Bill to the House of Commons on October 4, and now, on December 12, it finally gets floor time. We wonder why it took the Liberals so long to close this gap in our immigration law. What has been the hold up? It would seem the Liberals have run out of debt-inducing legislation and have decided to use these final few days before Christmas to move forward with the legislative priorities of Canadians.
:
Mr. Speaker, I thank my colleagues. This does not happen often, but I will say it: For once, we all agree.
It is like the bill we are debating now, Bill . Quite simply, we want consistency. The idea is to impose measures against individuals or states, but especially individuals. Top of mind for us all right now are Russian oligarchs, but Iranian groups or groups from other nations could be targeted by sanctions. They would be denied entry or could be removed from the country on those grounds.
The bill will impact a number of laws. I have read the legislative summary, and it is quite complex. There is the Special Economic Measures Act, the Justice for Victims of Corrupt Foreign Officials Act, or Sergei Magnitsky law, and the United Nations Act. The aim is to amend a pile of legislation to ensure that Canada's system is consistent when it comes to imposing sanctions on foreign offenders. There is no point in mincing words: They are criminals, people who have made populations suffer or simply, which is no better, usurped their country's, their nation's, economic wealth and who come to a country like Canada to lead a nice, quiet life.
There have been too many cases in history of war criminals and people who committed horrible crimes and were finally discovered in a southern country at the age of 89. For 40 years, they had relaxed by the pool or at the beach, with their drinks in hand while the people they made suffer never recovered. There were those who died, the children who were injured or killed, and the women who were raped. In the face of all these horrors, we must take a consistent approach and bring them to justice.
However, this does raise questions. My Conservative colleague who spoke just before me raised a very pertinent question. He wondered why this arrived in the House on December 12. I do not know if anyone will vote against it. We always have that right, but I do not believe it will happen. I think that the bill will pass rather unanimously. I think we can pass it quickly and move on to something else.
How did it take two months for the bill to be introduced in the House? During that time, people have been in Canada getting a free ride. That is the issue. These are people who are targeted by sanctions who are taking advantage of the quality of life, health services and so on that Quebec and Canada have to offer, and they are getting away with it. I have a hard time with that.
When we talk about the Magnitsky law, we talk about people who were tortured and mistreated. I am thinking about Evgenia Kara-Murza, whom I had the great privilege of meeting at the Standing Committee on Justice and Human Rights a few months ago. She holds her head high, courageously, and talks about her husband as much as she can. Her husband is currently imprisoned in Russia by people who have already poisoned him twice. I invite members to stop for 30 seconds and try to imagine being in that situation. She is touring western countries, trying to drum up international pressure and have people talk about her husband as much as possible, hoping to save his life.
How can we allow people who poison dissidents, who imprison them without cause and who create hundreds of political prisoners to come to Canada or Quebec to live a nice, quiet life? We cannot do that. That is why the House is unanimous.
Inadmissibility on the grounds of sanctions will be added to the grounds of security, human rights violations, criminality, organized criminal activity, health grounds, financial grounds, misrepresentation, non-compliance with the Immigration and Refugee Protection Act and family inadmissibility. The grounds for inadmissibility in the bill also apply to individuals who are alleged to be members of non-state organizations, such as terrorist groups.
Incidentally, there are ways to identify terrorist groups. Yes, there are groups that should be on the list and are not yet, but it is in the works. Still, it is possible to blacklist terrorist groups, implement specific sanctions for those people and take away certain rights. If it can be done in that context, why is it not possible to create a list of criminal organizations as a means to control illegal firearms? I do not understand that.
I hope nobody catches any of the flu viruses, which are pretty bad. That is why I have been absent a few times in recent weeks, but I have been keeping an eye on what is going on in the House from afar. I am very proud of my Bloc Québécois colleagues, who very capably dealt with the firearms management crisis the government caused and who demanded additional meetings with experts. We are fortunate to have a group of hard-working, professional people here. Those people are, of course, the Bloc Québécois members.
I was watching all of that from afar, and I found it very sad. I think it is a good thing when members of terrorist organizations are banned from entering the country. We do not have to do these people any favours. However, why are we doing favours for known gang members who party on the weekends wearing their colours and vests? I do not understand that.
This is not about democracy. It is about weapons trafficking. My colleague from , who is a member of the justice committee, introduced a brilliant bill on criminal organizations. I invite the government members to use it to draft a bill along the lines of the one we are currently examining. We do not have to give a chance to criminals, abusers and those who make others suffer.
This bill is a no-brainer. The Bloc Québécois thinks that Canada and Quebec should be a safe haven for people fleeing war, but not for those who cause wars and make people in their home country suffer. It should also not be a safe haven for thieves, con artists, criminals or profiteers.
Therefore, I invite everyone to quickly vote in favour of this bill. Before I conclude my remarks, I just want to mention a concern that we should be vigilant about as we move forward. Earlier, my NDP colleague made a good point about parliamentary oversight for the bill's next steps, and I believe that is very pertinent. Nevertheless, I want to raise another concern.
The oligarchs living here have money. They can pay for lawyers and take legal action. One of my concerns is that these people could launch lawsuit after lawsuit, claiming that the deportation is not justified. They would get to remain here for several more years enjoying themselves, while the people who suffered at their hands are dead or in prison in their country of origin. If any of my colleagues can respond to that, I thank them in advance.
:
Mr. Speaker, it is always a challenge to speak right after my colleague from . I would like to say hello to him today, as I have not seen him in a while. I am happy to see him again and I wish him a happy and healthy new year. I think that is the least I can do.
I have been listening to the debate today. There is an expression that says that we cannot be against apple pie. I am trying to find a better expression for the holidays. I could say that we are not against tourtière or Yule logs. I really feel that this is a bill that we all agree on.
This makes us all feel good at the end of a year during which the government all too often introduced poorly drafted legislation and another party obstructed proceedings for the sake of being obstructionist and engaging in petty politics. How many times have I said that we need to have more children like us in the room? Actually, I mean the adults in the room. It is what it is. It is a reasonable and sensible position for a bill that must be passed.
I rise to speak to the bill that amends the Immigration and Refugee Protection Act to reorganize existing inadmissibility provisions relating to sanctions to establish a distinct ground of inadmissibility based on sanctions. The bill also seeks to expand the scope of inadmissibility based on sanctions to include not only sanctions imposed on a country but also those imposed on an entity or a person. Finally, the bill would also expand the scope of inadmissibility based on sanctions to include all orders and regulations made under section 4 of the Special Economic Measures Act. This will give it even more weight.
The bill also makes amendments to the Citizenship Act and the Emergencies Act. Finally, it amends the Immigration and Refugee Protection Regulations to, among other things, provide that the Minister of Public Safety and Emergency Preparedness, instead of the Immigration Division, will have the authority to issue a removal order on grounds of inadmissibility based on sanctions under the Immigration and Refugee Protection Act.
I will begin by saying a few words about the bill, I will talk about different points of view, and then I will list some gaps we should address.
First, the bill, which passed in the Senate, updates the Immigration and Refugee Protection Act to make inadmissible to Canada individuals and their immediate families that are targeted by sanctions such as those imposed on businesses and individuals. This is being done in the wake of escalating Russian aggression since the illegal annexation of Crimea in 2014 and the invasion of Ukraine on February 24, 2022. That is the context for this measure.
In 2017, the Standing Committee on Foreign Affairs and International Development released a report, known as the Sergei Magnitsky report, that addressed the approach to Canada's sanctions regimes. Recommendation 13 of that report called for the act to be amended. Sergei Magnitsky was a Russian lawyer who died in a Russian prison under murky circumstances after exposing the corruption of Russian oligarchs. His death gave rise, in both Canada and the United States, to sanction regimes under the Justice for Victims of Corrupt Foreign Officials Act, also known as the 2017 Sergei Magnitsky law.
I will digress for a moment, because this phenomenon still exists in 2022. My thoughts are with the journalists who died under some very disturbing circumstances in Qatar after speaking out against what was going on with LGBTQ+ communities. Quite frankly, it is worrisome. I hope this bill will be a first step and send a clear message that this is unacceptable in this day and age.
Implementing this recommendation became a priority last spring in the aftermath of the invasion of Ukraine, as I said.
As my colleague from Berthier—Maskinongé pointed out, inadmissibility based on sanctions might relate to security, international human rights abuses, criminality, organized crime, health, finances, misrepresentation, non-compliance with the Immigration and Refugee Protection Act or family inadmissibility. It is quite interesting.
Furthermore, the bill's inadmissibility provisions include individuals who are members of a non-state organization, such as terrorist groups. That aspect is explicitly set out, which is good.
This bill should pass unanimously. As I said, when I was listening to the debates in the House, I got the impression that there was unanimous agreement. That was the case in the Senate. After all, the bill simply brings the Immigration and Refugee Protection Act into line with the economic sanctions that Canada wants to impose and must impose on belligerent countries.
On May 17 the bill was introduced in the Senate before ending up in the House of the Commons. This bill has been on quite a journey.
Rumour has it that the Conservatives and the NDP are going to support the bill. Something interesting is happening as we wrap up before the break. I would like to note what Senator MacDonald said in his speech in the Senate:
I recognize that there is jurisprudence that permits literally anyone to make a refugee claim at a Canadian port of entry, but I remain concerned that there are those who will inevitably abuse this, using it as a loophole to gain entry into Canada. Such individuals can then potentially use the slow pace of our judicial system against us in order to remain in Canada for an extended period of time.
There is not only the slow pace of the system, but also the means that some may use to take advantage of the situation, including financial means.
The Bloc Québécois has called for and defended economic sanctions against Russia's unjustified invasion of Ukraine. We believe that the individuals targeted by these sanctions should be inadmissible because the sanctions are a foreign policy tool intended to combat violations of international law and international standards.
Quebeckers and Canadians alike want Quebec and Canada to be a safe haven for people fleeing war, corruption and persecution, not a refuge for criminals. That has been said before, and we are saying it again.
It is all the more important to say this because Granby, in the heart of my riding, is a safe haven, so we experience all kinds of situations.
Quebec wants to be a safe haven for people who have fled war, corruption and oppression. Those who start wars and violate human rights should not be welcome here.
That is why the Bloc Québécois will support Bill S‑8.
According to the UN, Russia has committed numerous war crimes during its invasion of Ukraine, including bombings of civilian areas, a large number of executions, torture, ill-treatment and sexual violence. That list could grow longer as the conflict drags on, which would be even more worrisome.
From the beginning of the conflict in Ukraine, the Bloc Québécois has brought forward several concrete proposals that were accepted by the government to accelerate the intake of Ukrainian refugees and families. We asked that the requirement for the collection of biometric data for certain categories of refugees be lifted and that flights be chartered. I know that some MPs, like the member for , even took Ukrainian families into their homes. In such cases, what can we do to work together and welcome these people?
Moreover, it is vital that we update the Immigration and Refugee Protection Act so it is consistent with all the sanctions regimes. Bill updates this law to add sanctions to the list of grounds of inadmissibility. We want everything to be consistent.
I should note that the bill is consistent with the different sanctions implemented under the Special Economic Measures (Ukraine) Regulations pursuant to the Special Economic Measures Act. These regulations have been amended more than 40 times since Russia's illegal annexation of Crimea in 2014 and its invasion of Ukraine in February. We can see that progress is being made.
If Bill S‑8 is passed, the various sanctions regimes, such as those under the United Nations Act, the Special Economic Measures Act, or organizations of which Canada is a member, like NATO, could apply. I think that is a good thing.
The bill would allow a border officer to turn back a sanctioned individual upon arrival, which would greatly simplify the deportation process. The bill also fixes gaps in the law to ensure that Canada respects the rights of asylum seekers and meets its international obligations in terms of taking in refugees.
A person who is targeted by a sanctions regime can claim asylum, but they cannot be granted permanent residence as long as they are targeted by a sanctions regime. That adds weight.
Bill S‑8 would also make it possible to fix the problems that were introduced by the Justice for Victims of Corrupt Foreign Officials Act, which prohibited individuals targeted by a sanctions regime to file a claim for refugee protection. This correction is in line with the refugee convention, which states that only refugees who have “been convicted by a final judgement of a particularly serious crime, [constitute] a danger to the community of that country”. That is sufficient grounds to remove a refugee from the country or deny them entry. That is very interesting.
I would like to close with a bit of compassion. Beyond what we are talking about today and the debate on how people are welcomed here, I want to point out that, as I mentioned, Granby is a welcoming place. I would be remiss if I did not mention the incredible work of Solidarité ethnique régionale de la Yamaska, or SERY, which is celebrating its 30th anniversary this year.
This organization helps newcomers to integrate. It does an outstanding job for the community and the region. As its slogan so eloquently says, “our home is your home”.
I would like to end on that positive note and recognize the good work of the people at SERY.
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Mr. Speaker, it is always a great honour to stand in this place to speak on behalf of the residents and constituents of Edmonton Strathcona. I am particularly delighted to stand today to speak about our sanctions regime and the work that needs to be done to strengthen it and ensure it is as adequate and as strong as it can be.
We know that sanctions are one of the tools we have to hold governments and individuals around the world to the rule of law, to human rights, to democracy and to fairness and justice for their citizens. For a very long time, many members in this place have worked very hard and well together to try to increase the effectiveness of our sanctions regime and the ability of sanctions to do what we hope they will do, which is to change the course of governments and individuals, to change their behaviour and punish them for the harms they have caused without harming and punishing innocent people and citizens.
The act we are debating today is Bill . This act would amend the Immigration and Refugee Protection Act, to make consequential amendments to other acts and to amend the Immigration and Refugee Protection Regulations.
The proposed legislation amends the Immigration and Refugee Protection Act, or the IRPA, and it provides Canada with much-needed abilities to better link government sanctions with authorities related to immigration enforcement. I think we can all agree that this means that not only will foreign nationals sanctioned due to the invasion of Ukraine be inadmissible to Canada, but it will also stop all previously sanctioned individuals from places like Iran, Myanmar or Burma, South Sudan, Syria, Venezuela and Zimbabwe among others.
I and the NDP are very supportive of the bill, but we need to consider, and most of my comments today will be on this, that this is a small piece of what needs to be done to strengthen Canada's sanctions regime.
The bill would not fix some of the things for which we have been calling for some time; for example, the absence of parliamentary oversight. We have very little parliamentary oversight of our sanctions regime, and I will speak to that a bit later.
This would also not fix the enforcement in areas that are not immigration related, for example, the seizure of assets. Again, I will speak to this in more depth later on, but I would raise again in the House that to date about $121 million has been seized from Russian oligarchs as part of our sanctions regime to force Russia to stop its illegal war in Ukraine. While that $121 million is an awful lot to me and probably an awful lot to most of us in this room and in the country, it is not an awful lot for Russian oligarchs.
The bill would also not fix the challenge that we as parliamentarians have with clarity. We still do not have a good system in this place that explains why the government chooses to add some people to the list to be sanctioned, how those decisions are made and how the timing of those decisions is determined. We know we work with our allies and other countries. That is very important for sanctions to be effective. However, as parliamentarians, we need to have more clarity on how those decisions are made.
As we go forward in looking at strengthening the sanctions regime, there are people in the House who have been doing very important work on this. I have to call out my colleague from the Conservative Party, the member for , for his excellent work on the Magnitsky sanctions. The also did great work on ensuring the Magnitsky act was put in place. Of course, as some people have mentioned before, and my colleague from the Bloc mentioned just previously, the challenge is that putting a law in place does not actually matter if we do not enforce it or if we do not ensure it is adequately applied.
A perfect example of this is that with the Magnitsky sanctions, we are supposed to do a five-year review. Five years is 2022. There is some review being done in the Senate, but we have not done any review within the foreign affairs committee or within this Parliament. For me, that is the challenge we have.
I spoke briefly about the need to strengthen our sanctions regime. For years, the NDP has been pushing for a stronger sanctions regime. We are happy to see some of the important changes that this bill would bring forward, but there are things we have been asking for for years, including in the 2017 foreign affairs committee study on Canada's sanctions regime. Many of the recommendations from that study have not been implemented. We look forward to the government moving somewhat faster than it has to date to make sure those are implemented, especially considering that right now what we are seeing in Ukraine is a vital need for sanctions to be a key piece of our response to the Ukrainian war.
Another example of why our sanctions regime has not been as effective as it could be is the waiver. We saw the government in the summer, in the middle of July, put a waiver in place that would cancel some of the important sanctions we put in place against Russia. I am not going to stand here and pretend that would not have been a very difficult decision for the government to make. Our German allies and Ukrainian allies were asking for different things, and that is a very difficult situation to be in. While I did not agree with the decision that was made by the government, I do accept it was a difficult decision to make.
That said, first of all, the pipeline the waiver was supporting was a piece of equipment returned to Germany to be returned to Russia, and Russia did not pick it up. The second thing is that the pipeline it was meant to be used on has now been blown up. There is no reason whatsoever for us to still have this waiver in place and still have this lessening of our sanctions against Russia, yet we still do.
The Government of Canada has still not cancelled the waiver, which is appalling. It is something it should be doing immediately. I know the foreign affairs committee will be recommending that, if we can get out of the filibuster that has been put in place by some of our colleagues in the Conservative Party.
The other piece of our sanctions regime that I want to know about is how we can double-check it to see that what is happening is adequate and being done properly. I have talked a bit about sanctions oversight, and we know that after Russia invaded Ukraine in February, sanctions were put in place. However, we also know that those sanctions trickled out after months and months. We learned that many oligarchs had the opportunity to move their assets from Canada so they would not have those assets seized. That is a missed opportunity since those assets were supposed to help rebuild Ukraine and help with the rebuilding initiatives.
We also know that the government has failed to provide the clarity on sanctions that we have hoped for. For example, I have asked about this multiple times in the House and through Order Paper questions to get more information and details on who is being sanctioned, what is being sanctioned, what has been seized, how it is being seized and what processes are being used. However, I have never been able to get an adequate answer from the government.
In fact, one of the Order Paper questions was returned to me with a response that said the government was not 100% sure that it would be able to give me accurate information, so it provided me with no information at all. That is an interesting tactic. I would love to see somebody try to say in a high school or university course that since they are not sure they are giving all the information, they will give none at all. That is something we have problems with. We still do not have that level of clarity.
I have another concern. When the government introduced the last budget implementation act, there was a change to the way that sanctions were dealt with. In the past, there was parliamentary oversight because the government needed to record the use of the sanctions regime or the sanctions act and needed to report it to Parliament. It needed to be tabled with Parliament.
In the , that requirement was removed. Therefore, it is now no longer the government's obligation to tell Parliament what those sanctions are or what has been seized. We could find out if we took the government to court and used a judicial remedy, but we cannot find out just through parliamentary processes.
This is taking away the right of all parliamentarians to have that transparency and to have that understanding of how our sanctions are being chosen, how they are being enforced and if they are working. A sanction is not that useful if it is not being enforced. A sanction is not that important if countries or individuals understand that it will not be enforced in Canada.
There is an interesting thing I found out as I was doing some digging around sanctions. If we want to find out what goods are coming into Canada from Russia, we can look at Russian shipping records. We cannot find that out by looking at Canadian shipping records.
It is very interesting to me that there is transparency that can be found in the U.S., the U.K., the EU and Russia, but we cannot find it here.
That is another challenge I have with our sanction regime. As I said at the beginning, this particular bill would help with some aspects of our sanction regime. I am very happy to support this legislation. I am very happy to see that it would be fixing some of those holes around our sanction regime. However, this seems very much, to me, like tinkering around the edges.
We have heard from the Senate. One of the key quotations from the Senate hearings on Bill , from Canada's foremost expert on sanctions policy, Andrea Charron, was this:
While there is nothing wrong with highlighting in the Immigration and Refugee Act that inadmissibility due to sanctions is possible, this repeats a pattern whereby Canada tinkers on the margins of legislation without addressing core policy and process issues. If we are to continue to sanction autonomously with allies, we need to fix fundamental issues of policy and [fundamental issues of] process.
I believe that we have many things we still need to do. We need to have a comprehensive review of Canada's sanction regime. The NDP has proposed a study at the foreign affairs committee on Canada's sanction regime. That study was meant to have taken place during this fall's session. We are very hopeful that it will take place very quickly once the winter session begins. I urge my colleagues in the Conservative Party to stop filibustering our committee so that we can get on with the very important work of foreign affairs.
We can ensure that our sanctions are being more effectively applied. We can bring forward legislation that would align with the recommendations in the 2017 foreign affairs committee report that called for greater transparency. It called for a review of our sanctions regime and called for a parliamentary body of all parties that would assist in identifying which names and which individuals should be on the Magnitsky list and should be sanctioned by the Government of Canada.
One of our biggest problems, and I have said this many times, is that if we cannot fix our sanction regime, our sanction regime very quickly becomes not as effective and not as useful as we need it to be.
I think that members of the House have brought up circumstances where that is the case. We know that, for example, in Ukraine, sanctions are one of the key tools we have to hold Russia to account for its illegal invasion in Ukraine. It is one of the key levers that Canada can pull to force the Russian Federation to rethink this horrific and illegal attack on civilians.
It is also one of the things that we can use when other human rights abuses are raised around the world. We are seeing horrific attacks on protesters in Iran. Just this morning, I woke up to another horrific example of a protester being executed because he was fighting for his freedom. We know that there are many Iranians who are in grave danger right now. If this sanction regime can be fixed and can help the people in Iran even a little bit, it has to be done.
I am interested in looking at sanctioning a whole range of characters around the world who we know have been responsible for atrocious human rights abuses, such as what we see in Yemen and from members of Saudi Arabia. We need to be ensuring that, as a country, we are standing up for human rights, using the tools we have at our disposal for those efforts.
I also want to point out that the sanctions regime is a tool we also have to use for our feminist international assistance policy and for the feminist foreign policy that we certainly hope the government tables in Parliament very soon. We know that a huge percentage of the people who are identified by the Magnitsky sanctions and the other SEMA sanction measures are perpetrating human rights abuses that are disproportionately impacting women and girls around the world. We know that sexual violence and gender-based violence have been used as a tool to silence journalists and human rights defenders around the world. We know that rape has been used. This violence does not align with a country like Canada, which has a feminist foreign policy and a feminist international assistance policy, and we need to be looking at our foreign responses through that lens.
I would like to end my comments with this. As I was travelling here from Edmonton yesterday, I took some time to read some of the speeches from the Nobel Peace Prize winners, and I want to read a quote to the House. It is by Oleksandra Matviichuk from the Center for Civil Liberties, the 2022 Nobel Peace Prize winner. She spoke to me about the need for sanctions and why it was so important that we work with our allies to make our sanctions regime stronger.
She stated:
Peace, progress and human rights are inextricably linked. A state that kills journalists, imprisons activists, or disperses peaceful demonstrations poses a threat not only to its citizens. Such a state poses a threat to the entire region and peace in the world as a whole. Therefore, the world must adequately respond to systemic violations. In political decision-making, human rights must be as important as economic benefits or security. This approach {must} be applied in foreign policy...