FAAE Committee Report

Consular Affairs Report of the House of Commons Standing Committee on Foreign Affairs and International Development

Supplementary Opinion – New Democratic Party of Canada

November 9, 2018

The New Democratic Party is pleased the Committee agreed to our request to undertake this study on Consular Affairs. All Members of Parliament, regardless of political affiliation, are concerned with consular cases of Canadians in trouble abroad, which range from minor problems such as lost passports to serious and troubling human rights cases. It is clear that Canadians expect a high level of consular service from their government. It is also clear that Canadians need greater clarity regarding policies and procedures of the Canadian government with regard to consular affairs.

While we agree with much of this report, we are disappointed that the Committee did not recommend several specific bold steps that were recommended by expert witnesses during Committee hearings – steps we believe should be undertaken in order to ensure Canadians are safer when travelling abroad.

The Committee heard from several witnesses who recommended the provision of consular services be enshrined in legislation. The NDP believes the Government of Canada should introduce legislation to govern the provision of consular services, with the objective of guaranteeing that all Canadians will be treated equally in the provision of such services.

Unfortunately, the Committee did not hear from all witnesses suggested by the NDP, including family members of several Canadians who survived kidnapping, or who tragically lost their lives. However, the public record shows that families in these heartbreaking situations want better communication from the Government. The NDP believes the Government of Canada must improve its communication with families in complex cases involving kidnapping and hostage situations. Government departments must improve their inter-departmental communication and cooperation in order to ensure a whole of government approach to complex cases, and improved communication to families.

The Committee recommended the Government review section 83.03 of the Criminal Code in order to clarify that Canadians who engage in peaceful actions to secure the release of a kidnapping victim, including through the payment of a ransom, will not be subject to criminal prosecution. The NDP believes the Government should amend this section of the Criminal Code immediately. 

It’s not enough to promise that service standards will improve. Following from the Auditor General’s report, the NDP recommends the Government of Canada immediately commit to improved service standards, including a mechanism to track the extent to which consular services meet service standards.

In addition, we are concerned that the Auditor General’s report revealed that the Government of Canada has not implemented all of the recommendations on consular protection arising from the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar (2006) and the Internal Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin (2008). The Canadian Government failed to protect these four Canadians from serious abuses. This must not happen again.  It is scandalous and unacceptable that successive Conservative and Liberal governments have not implemented the important recommendations from these two Commissions of Inquiry. The NDP believes the Government of Canada should immediately implement the recommendations on consular protection arising from Commissions presided by Justices O’Connor and Iacobuuci.

All Canadians must be treated equally in the provision of consular assistance.  The Committee heard from Mohamed Fahmy and other witnesses, that while they were grateful for the work of consular officers on the ground, they constantly and consistently feared that their government would not be meaningfully engaged in their case. It is clear that the current discretionary prerogative to provide consular services results in the perception that all Canadians in trouble abroad are not treated equally, and that greater engagement is required at the more senior government levels in Ottawa on complex consular cases. The NDP believes the Government of Canada should establish an independent mechanism that would review and arbitrate consular disputes, and that would ensure full compliance with the obligation to provide non-discriminatory consular assistance to Canadians.

In conclusion, the NDP joins the Committee in thanking all the witnesses who testified and all those who submitted written briefs for their work and efforts to improve the Canadian Consular Services system.  It is our hope that the 15 recommendations of the committee as well as those contained within this supplemental report will be adopted by the Government in order to strengthen the current system of consular services available to all Canadians.