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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 61
Thursday, April 27, 2023, 11:09 a.m. to 12:55 p.m.
Webcast
Presiding
Ali Ehsassi, Chair (Liberal)

• Gary Anandasangaree for Hon. Robert Oliphant (Liberal)
• Parm Bains for Randeep Sarai (Liberal)
• Stephanie Kusie for Dave Epp (Conservative)
• Pat Kelly for Randy Hoback (Conservative)
• Alexis Brunelle-Duceppe for Stéphane Bergeron (Bloc Québécois)
House of Commons
• Dancella Boyi, Legislative Clerk
• Philippe Méla, Legislative Clerk
• Hilary Smyth, Procedural Clerk
 
Library of Parliament
• Allison Goody, Analyst
• Billy Joe Siekierski, Analyst
Department of Foreign Affairs, Trade and Development
• Jennifer Keeling, Acting Executive Director, Human Rights and Indigenous Affairs
• Ashlyn Milligan, Deputy Director, Non-Proliferation and Disarmament
Department of National Defence
• Paul Prévost, Director of Staff, Strategic Joint Staff
Pursuant to the order of reference of Wednesday, November 16, 2022, the committee resumed consideration of Bill C-281, An Act to amend the Department of Foreign Affairs, Trade and Development Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the Broadcasting Act and the Prohibiting Cluster Munitions Act.

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

On Clause 6,

Philip Lawrence moved, — That Bill C-281, in Clause 6, be amended by replacing line 21 on page 3 with the following:

“6 (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following:

6 Subject to sections 6.1, 7, 8 and 10 to 12, it is prohibited for any person to

(2) Paragraph 6(e) of the Act is replaced by the”

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

YEAS: Alexis Brunelle-Duceppe, Michael D. Chong, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie — 6;

NAYS: Gary Anandasangaree, Parm Bains, Rachel Bendayan, Hedy Fry, Sameer Zuberi — 5.

By unanimous consent, the amendment was withdrawn.

Gary Anandasangaree moved, — That Bill C-281, in Clause 6, be amended by replacing lines 23 to 28 on page 3 with the following:

“(d.1) knowingly provide, directly or indirectly, financial assistance for the purpose of enhancing the ability of a person to commit any act referred to in paragraph (b);”

The question was put on the amendment of Gary Anandasangaree and it was negatived on the following recorded division:

YEAS: Gary Anandasangaree, Parm Bains, Rachel Bendayan, Hedy Fry, Sameer Zuberi — 5;

NAYS: Alexis Brunelle-Duceppe, Michael D. Chong, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie — 6.

Clause 6 carried.

On new Clause 6.1,

Philip Lawrence moved, — That Bill C-281 be amended by adding after line 11 on page 4 the following new clause:

“6.1 The Act is amended by adding the following after section 6:

6.1 Paragraph 6(d.1) does not apply in respect of

(a) transactions following an index if individual companies that produce, sell, or distribute cluster munitions account for less than five per cent of the index;

(b) transactions in investment funds managed by third parties if the investments of the funds in companies that produce, sell, or distribute cluster munitions account for less than five per cent of the total investments of the funds; or

(c) investments in certain projects of a company that produces, sells or distributes cluster munitions provided the funds are not to be used for the production, sale or distribution of cluster munitions.”

Debate arose thereon.

Garnett Genuis moved, — That the amendment be amended by replacing the words “five per cent”, in paragraphs (a) and (b), with the words “two per cent”.

The question was put on the subamendment of Garnett Genuis and it was agreed to on the following recorded division:

YEAS: Alexis Brunelle-Duceppe, Michael D. Chong, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie — 6;

NAYS: Parm Bains, Rachel Bendayan, Hedy Fry — 3.

The committee resumed consideration of the amendment of Philip Lawrence, as amended, — That Bill C-281 be amended by adding after line 11 on page 4 the following new clause:

“6.1 The Act is amended by adding the following after section 6:

6.1 Paragraph 6(d.1) does not apply in respect of

(a) transactions following an index if individual companies that produce, sell, or distribute cluster munitions account for less than two per cent of the index;

(b) transactions in investment funds managed by third parties if the investments of the funds in companies that produce, sell, or distribute cluster munitions account for less than two per cent of the total investments of the funds; or

(c) investments in certain projects of a company that produces, sells or distributes cluster munitions provided the funds are not to be used for the production, sale or distribution of cluster munitions.”

The debate continued.

Alexis Brunelle-Duceppe moved, — That the amendment be amended by deleting paragraph (c).

The question was put on the subamendment of Alexis Brunelle-Duceppe and it was agreed to on the following recorded division:

YEAS: Gary Anandasangaree, Parm Bains, Rachel Bendayan, Alexis Brunelle-Duceppe, Michael D. Chong, Hedy Fry, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie, Sameer Zuberi — 11;

NAYS: — 0.

The committee resumed consideration of the amendment of Philip Lawrence, as amended, — That Bill C-281 be amended by adding after line 11 on page 4 the following new clause:

“6.1 The Act is amended by adding the following after section 6:

6.1 Paragraph 6(d.1) does not apply in respect of

(a) transactions following an index if individual companies that produce, sell, or distribute cluster munitions account for less than two per cent of the index; or

(b) transactions in investment funds managed by third parties if the investments of the funds in companies that produce, sell, or distribute cluster munitions account for less than two per cent of the total investments of the funds.”

The question was put on the amendment of Philip Lawrence, as amended, and it was negatived on the following recorded division:

YEAS: Alexis Brunelle-Duceppe, Matthew Green — 2;

NAYS: Gary Anandasangaree, Parm Bains, Rachel Bendayan, Michael D. Chong, Hedy Fry, Garnett Genuis, Pat Kelly, Stephanie Kusie, Sameer Zuberi — 9.

On Clause 7,

Matthew Green moved, — That Bill C-281, in Clause 7, be amended by replacing lines 12 to 29 on page 4 with the following:

“7 Section 11 of the Act is replaced by the following:

11 Section 6 does not prohibit a person who is subject to the Code of Service Discipline under any of paragraphs 60(1)(a) to (g) and (j) of the National Defence Act or who is an employee as defined in subsection 2(1) of the Public Service Employment Act from participating in operations, exercises or other military activities with the armed forces of a state that is not a party to the Convention if that participation does not amount to active assistance in a prohibited activity referred to in section 6.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Matthew Green appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was sustained on the following recorded division:

YEAS: Gary Anandasangaree, Parm Bains, Michael D. Chong, Garnett Genuis, Pat Kelly, Stephanie Kusie — 6;

NAYS: Alexis Brunelle-Duceppe, Matthew Green — 2.

Clause 7 carried.

Clause 8 carried.

The committee resumed clause-by-clause consideration on Clause 2 of the Bill.

Matthew Green moved, — That Bill C-281, in Clause 2, be amended by replacing line 12 on page 1 to line 2 on page 2 with the following:

“in every calendar year, a report that includes

(a) an outline of the measures that the Minister has taken to advance human rights internationally as part of Canada’s foreign policy;

(b) a list that sets out the following information relating to prisoners of conscience for whose release the Government of Canada is actively working:

(i) the number of prisoners of conscience detained by each government or detaining authority,

(ii) the circumstances of the detentions, and

(iii) the efforts that the Government of Canada has made to visit those prisoners and to attend their trials or hearings, including the number of requests made for such visits and the responses of the detaining governments or authorities; and

(c) a description of the Government of Canada's communications with the families of prisoners of conscience and its consultations with civil society on matters of human rights.

(5) In subsection (4), prisoner of conscience means an individual who, in contravention of international human rights standards, has been detained or otherwise physically restricted solely because of their identity or their conscientiously held beliefs, including religious or political beliefs.”

Garnett Genuis moved, — That the amendment be amended by

(a) replacing the word “Minister” in paragraph (a) with “Government of Canada”;

(b) adding the following after subparagraph 10(4)(b)(i):

“(i.1) the names of the prisoners of conscience,”

(c) adding the following after subsection (4):

“(4.1) In preparing the list referred to in paragraph (4)(b), the Minister must make all reasonable efforts to consult with family members or representatives of the prisoners of conscience and may decide not to include certain information in the list if a person consulted by the Minister requests that the information not be included, or the Minister is satisfied that not including it would be in the best interests of the advancement of human rights or the personal safety of the prisoner.”

(d) by replacing “In subsection (4),” in subsection (5) with the following:

“In this section,”.

At 12:05 p.m., the sitting was suspended.

At 12:17 p.m., the sitting resumed.

The question was put on the subamendment of Garnett Genuis and it was agreed to on the following recorded division:

YEAS: Alexis Brunelle-Duceppe, Michael D. Chong, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie — 6;

NAYS: Gary Anandasangaree, Parm Bains, Rachel Bendayan, Hedy Fry, Sameer Zuberi — 5.

The committee resumed consideration of the amendment of Matthew Green, as amended, — That Bill C-281, in Clause 2, be amended by replacing line 12 on page 1 to line 2 on page 2 with the following:

“in every calendar year, a report that includes

(a) an outline of the measures that the Government of Canada has taken to advance human rights internationally as part of Canada’s foreign policy;

(b) a list that sets out the following information relating to prisoners of conscience for whose release the Government of Canada is actively working:

(i) the number of prisoners of conscience detained by each government or detaining authority,

(i.1) the names of the prisoners of conscience, (ii) the circumstances of the detentions, and

(iii) the efforts that the Government of Canada has made to visit those prisoners and to attend their trials or hearings, including the number of requests made for such visits and the responses of the detaining governments or authorities; and

(c) a description of the Government of Canada's communications with the families of prisoners of conscience and its consultations with civil society on matters of human rights.

(4.1) In preparing the list referred to in paragraph (4)(b), the Minister must make all reasonable efforts to consult with family members or representatives of the prisoners of conscience and may decide not to include certain information in the list if a person consulted by the Minister requests that the information not be included, or the Minister is satisfied that not including it would be in the best interests of the advancement of human rights or the personal safety of the prisoner.

(5) In this section, prisoner of conscience means an individual who, in contravention of international human rights standards, has been detained or otherwise physically restricted solely because of their identity or their conscientiously held beliefs, including religious or political beliefs.”

Gary Anandasangaree moved, — That the amendment be amended by adding the following: “(v) other actions taken by the Government of Canada to support prisoners of conscience including those detained or experiencing treatment in contravention to human rights standards;”.

By unanimous consent, on motion of Gary Anandasangaree, it was agreed, — That the amendment be amended by adding the following: “(v) other actions taken by the Government of Canada to support prisoners of conscience including those detained or experiencing treatment in contravention to human rights standards;”.

The question was put on the amendment of Matthew Green, as amended, and it was agreed to on the following recorded division:

YEAS: Alexis Brunelle-Duceppe, Michael D. Chong, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie — 6;

NAYS: Gary Anandasangaree, Parm Bains, Rachel Bendayan, Hedy Fry, Sameer Zuberi — 5.

Matthew Green moved, — That Bill C-281, in Clause 2, be amended by adding after line 2 on page 2 the following:

“(5) The Minister must develop and maintain a government-wide international human rights strategy.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Whereupon, Matthew Green appealed the decision of the Chair.

The question: "Shall the decision of the Chair be sustained?" was put and the decision was overturned on the following recorded division:

YEAS: — 0;

NAYS: Alexis Brunelle-Duceppe, Michael D. Chong, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie — 6.

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

YEAS: Parm Bains, Rachel Bendayan, Alexis Brunelle-Duceppe, Michael D. Chong, Hedy Fry, Garnett Genuis, Matthew Green, Pat Kelly, Stephanie Kusie, Sameer Zuberi — 10;

NAYS: — 0.

Clause 2, as amended, carried on division.

Clause 1, Short Title, carried.

The Title carried.

The Bill, as amended, was adopted.

ORDERED, — That the Chair report the Bill, as amended, to the House.

ORDERED, — That Bill C-281, as amended, be reprinted for the use of the House of Commons at report stage.

At 12:55 p.m., the committee adjourned to the call of the Chair.



Ariane Gagné-Frégeau
Clerk of the committee