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Results: 31 - 45 of 153
View Marc Miller Profile
Lib. (QC)
There is a range of thought processes that you go through. I understand if we're talking about SEMA or FACFOA, your frustration is finding out in the first place, and then it's pretty easy to freeze, as opposed to more of a money-laundering situation.
View Marc Miller Profile
Lib. (QC)
Thank you, Chair.
Dr. Sangay, welcome. I have a quick question. I'd like you to perhaps develop on the middle way and how you see that as the way forward, touching perhaps on two aspects. First, how do you perceive the reception of this approach by the Chinese government? Second, how are you able to do this given the very difficult reality that you face as an administration in exile? How do you achieve consensus and how do you know that this is the proper way to reflect what both the people in Tibet and those in exile believe? I'm just curious as to how your structure achieves this policy perspective.
I guess the first question is with respect to the Chinese government.
View Marc Miller Profile
Lib. (QC)
Just to re-centre what I had asked, how do you believe this approach, the middle approach, will be received by the Chinese government? Second, how do you achieve a consensus that reflects the wishes of your people both in Tibet and abroad, in exile?
View Marc Miller Profile
Lib. (QC)
Thank you.
I want to focus a little more on evidence collection. I mean, obviously with mass graves, after the evidence that the acts have occurred, the concern is around trying to tie those acts to the perpetrators. I read only a short brief on what you've done. It seems like a very, very tall task in a very, very difficult situation.
Perhaps you could just speak a little more about trying to tie the crimes to individuals.
View Marc Miller Profile
Lib. (QC)
Another aspect that another witness raised was the fact that a lot of the crimes, however they're characterized, were perpetrated by more low-level operators, neighbours, and friends—more local players in villages. How do you address that, first, obviously, in terms of documenting that—I assume there's a huge challenge—and second, as you look at post-state governance, a process of reconciliation that wouldn't necessarily entail full prosecution whether that ability is there in the first place or not? I'm just curious as to your views on a form of reconciliation that may preclude a strict application of law.
View Marc Miller Profile
Lib. (QC)
I have a final question on your operating budget. The Government of Canada funded another $1.5 million. Is that sufficient, all in all? Can you give me a frank opinion, as to the contribution of member states and the people you're seeking money from, on what is your ideal world? If it's not enough, I'd be glad to hear a number.
View Marc Miller Profile
Lib. (QC)
Thank you.
Mr. Adsett, previously when you met with us, we discussed the holes that may exist in the current legislation, particularly with respect to gross violations of human rights. It's a topic that flows throughout the discussion we've been having at committee.
You mentioned that there is no perfect fit, obviously, whether it's in SEMA, FACFOA, or the current legislation that exists in the Criminal Code, and there seems, again, to be some confusion as to where the holes are.
A lot of people discuss the ability to freeze assets that are the product of crime, or proceeds of crime, and that legislation exists. Then in the context of a threat against international peace, obviously, the instruments under SEMA exist. Some of the concerns that have been raised are more in the nature of law enforcement. That is probably something, unless I'm mistaking the roles, you couldn't answer.
The question, then, is on the hole that does exist with respect to freezing legitimate assets or the proceeds of crime, but let's focus on legitimate assets that may exist within Canada with respect to gross human rights violators.
There are a number of concerns with plugging that hole, namely, due process, the ability to seize those assets—again, more in the realm of law enforcement—and also the nature of unintended consequences and repercussions of the state that may be involved that is backing the people who are violating human rights in a gross fashion.
I want to focus on more of a legal question. If you can't answer it, I'll submit it to you and perhaps you could submit a written response to the committee. What prevents, right now, the minister, by order in council or otherwise, from finding that a person abroad has violated human rights in a gross indecent fashion and freezing their assets in Canada? Again, I'm not talking about a Canadian national. I'm talking about a foreign national.
View Marc Miller Profile
Lib. (QC)
Again, I can't afford your billable rate on my salary—
View Marc Miller Profile
Lib. (QC)
—so I'm glad you're now providing legal advice.
Let me ask how that is or is not precluded by an order in council, simply the minister deciding that this event has occurred and that action needs to be taken.
View Marc Miller Profile
Lib. (QC)
I want to continue on another related notion we're examining as part of the consideration of expanding this legislation with respect to gross human rights violations, but it isn't limited to that. It's limited to the individuals who find themselves on a list, often against their will, and it has to do with due process. It's the elements of due process that we don't necessarily think of.
Obviously, we think of the ability of a person to appear in front of a court and get proper judicial review. I'm sure you would like a lot of these people who come to Canada to stand in front of a court so that you could actually get your hands on them.
One of the things has to do with the judiciousness of imposing these sanctions on individuals in the first place. That is in the nature of reliable evidence gathering, the ability, as my colleagues mentioned, of a company, let's say, doing business somewhere, to access a list that is maybe cohesive, coherent, or up to date, and then challenging it in a court of law.
Hugh, perhaps you're the best person to answer this. What are your thoughts on that process as we look to expanding or at least reviewing the current legislative scheme?
View Marc Miller Profile
Lib. (QC)
I had not realized that Mr. Bertin was here with us.
Mr. Bertin, perhaps you are not the person I should be putting this question to, but I would like to know what measures the countries affected by this law can take against us and how effective they could be. What is the effectiveness of the measures we could take against these countries, especially when this is done unilaterally?
Results: 31 - 45 of 153 | Page: 3 of 11

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