Questions and responses 41st Parliament, 1st session June 2, 2011, to September 13, 2013

With regard to foreign affairs: (a) did Canada vote in the October 2012 vote to ratify the membership of Rwanda in the United Nations Security Council and, if so, how did Canada vote; and (b) what was the foreign policy rationale which governed Canada’s vote or abstention from the vote?

With regard to the current Canadian policy on providing information to foreign agencies and using information from foreign agencies for the combating of terrorism and the protection of public safety: (a) what is the current policy on providing information to foreign agencies when there is a substantial risk this may lead to acts of torture and other cruel, inhuman or degrading treatment or punishment; (b) which departments contributed to the formation of the policy referred to in (a); (c) how long has the policy referred to in (a) been in place; (d) which external experts, including academics, representatives of non-governmental organizations (NGO), private sector representatives, were consulted in the formation of the policy referred to in (a); (e) what was the role of the Minister of Public Safety in the formation of the policy referred to in (a); (f) what was the role of the Minister of Foreign Affairs in the formation of the policy referred to in (a); (g) which official is ultimately responsible for determining whether “substantial risk” exists, in reference to (a); (h) who is responsible for deciding to which foreign agencies Canada will provide information, and what are the substantive criteria behind such a decision; (i) when deliberating the decision referred to in (h), are the “concluding observations” of United Nations Committee Against Torture reports consulted; (j) what sources are used by the Canadian Security Intelligence Service (CSIS), the RCMP or government officials in considering the human rights records of foreign agencies concerning domestic and international activities, including the treatment and interrogation of detainees; (k) what follow-up procedures are used to verify that information transferred from Canada to foreign agencies does not lead to the commission of acts of torture and other cruel, inhuman or degrading treatment or punishment; (l) what is the current policy on the use of information obtained by CSIS from foreign agencies when there are suspicions such information was obtained using acts of torture and other cruel, inhuman or degrading treatment or punishment; (m) which departments contributed to the formation of the current policy referred to in (l); (n) how long has the policy referred to in (l) been in place; (o) which external experts, including academics, NGO representatives, private sector representatives, were consulted in the formation of the policy referred to in (l); and (p) what was the role of the Minister of Public Safety in the formation of the policy referred to in (l)?

With regard to the crisis in Syria: (a) what criteria does the government use to determine (i) whether to intervene, (ii) when to intervene, (iii) the nature and scope of any intervention; (b) who makes the determination in (a) and how; (c) what sources does the government rely upon in determining (a); (d) what legal obligations are considered with respect to (a) and in what ways does the Responsibility to Protect doctrine factor into decision making under (a); (e) in what ways has the government evaluated its obligations under the Responsibility to Protect doctrine with respect to Syria; (f) when were such evaluations done, by whom, and with what outcome; (g) have the criteria by which the government determines its official policy towards the crisis in Syria changed since 2012; (h) when the Minister of Foreign Affairs publicly expressed his support for an indictment of Bashar al-Assad by the International Criminal Court (ICC) in 2012, was this the position of the government and does it remain the position of the government that al-Assad ought to be indicted by the ICC; (j) with respect to Canada’s decision not to sign on to the request of 57 countries made in January, 2013, to ask the Security Council to refer the situation in Syria to the ICC, did Canada support this request; (k) with respect to (j), when, why, how, and by whom were the determinations made in this regard, and when was Canada approached to join in this endeavor and by what means; (l) what criteria were applied in determining whether to support this effort; (m) are there any specific policies or directives within the Department of Foreign Affairs and International Trade that guide decision-making with regard to Canadian intervention in situations of humanitarian crisis; (n) was the decision not to sign the Swiss-led letter asking the United Nations Security Council to refer the situation in Syria to the ICC made by the Minister of Foreign Affairs; (o) were any other officials at the Department of Foreign Affairs and International Trade involved in the decision-making process to determine whether to support the Swiss-led international request letter; (p) were any other cabinet officials involved in the decision-making process to determine whether to support the Swiss-led international request letter; (q) was the government made aware of this specific international initiative in advance of the official lodging of the request with the United Nations on January 14, 2013, and (i) if so, how was the government made aware of this initiative, (ii) when was the government made aware of this initiative; (r) did the decision-making process to determine whether to support the Swiss-led international request letter include (i) consultations with the Minister’s counterparts from any other countries, (ii) consultations with the Minister’s counterparts in any of the 56 countries that ultimately supported the Swiss-led initiative, (iii) consultations with any international or intergovernmental organizations; (s) did the government make submissions promoting a specific policy approach with regard to the Swiss-led initiative to (i) the governments of any other countries, (ii) the governments of any of the 50-plus countries that ultimately supported the Swiss-led initiative, (iii) any international or intergovernmental organizations; (t) what steps is the government taking to bring al-Assad before the ICC; (u) has Canada raised al-Assad’s conduct as an issue before the Security Council; (v) what legal remedies has the government invoked with respect to addressing the situation in Syria; (w) what legal remedies has the government invoked with respect to al-Assad in particular; and (x) does the government support an International Criminal Tribunal for Syria?

With regard to Canada's submission under the Convention on the Law of the Sea: (a) what is the precise extent that will be included in the claim and what scientific research supports that claim; (b) does the government anticipate that Canada's submission will overlap with claims of other nations, (i) if so, has Canada begun consultation with other nations with which its submission may overlap, (ii) which countries has Canada consulted, (iii) what were the dates of those consultations, (iv) what briefings were prepared for those consultations, (v) what briefings were prepared for the Minister responsible after the consultations; (c) which department is the lead agency on Canada’s submission and which other departments are involved; (d) who are the external researchers and institutions involved in Canada’s submission; (e) how much money has been allocated for Canada’s submission and how much of that money has been spent to date; and (f) regarding any Requests for Proposals for research in support of Canada’s submission, (i) what was the process, (ii) what are the milestones, (iii) what reporting has been done so far, (iv) what oversight is in place?

With regard to international treaties and conventions dealing in whole or in part with human rights and with Canada’s international obligations in this regard: (a) does the government have any formal or informal procedures for regular review of those international human rights treaties that Canada has not yet signed, ratified, or otherwise accepted; (b) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking conflicts with the Constitution Act, 1867, and if so where can these guidelines be accessed; (c) do the guidelines referred to in (b) specify the standard according to which the government determines if any obligation contained in a treaty or other international undertaking violates any section of the Constitution Act, 1867; (d) has the government engaged in any review of its obligations under the Convention on the Elimination of Racial Discrimination (CERD); (e) does the government have any formal or informal guidelines according to which it determines whether the specific obligations contained in a treaty or other international undertaking require implementing legislation in order for Canada to be able to ratify or otherwise accept it, and if so where can these guidelines be accessed; (f) does the government have a position as to whether international agreements that establish a complaints mechanism or communications procedure for enforcement of the rights and obligations contained therein are necessarily unconstitutional; (g) does the government have a policy as to whether Canada will accept such agreements referred to in (f); (h) does the government undergo review of proposed international human rights agreements that would establish such a mechanism or procedure referred to in (f) on a case by case basis, (i) who is involved in this review, (ii) are the provinces and other interested stakeholders consulted in this regard; (i) has the government engaged in any discussions or consultations regarding Canada’s failure to make the relevant declaration under Article 14 of CERD, which would indicate Canada’s acceptance of the Committee on the Elimination of Racial Discrimination’s competence to receive individual complaints, (i) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to make the declaration referred to in subsection (i), (ii) does Canada’s failure to make the necessary declaration referred to in (a) cause it to be derelict with regard to its treaty obligations, pursuant to either CERD or any other international treaty or tenet of customary international law, (iii) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under CERD, (iv) has the government received any complaints or communications from any individuals, organizations, or State Parties to CERD regarding its obligations under the CERD, (v) has the government taken any action in response to such complaints referred to in (iv), (vi) does the government have a position as to whether Article 14 of CERD violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (vii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept Article 14 of CERD; (j) has the government engaged in any review of its obligations under the International Covenant on Economic, Social, and Cultural Rights (ICESCR), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the International Covenant on Economic, Social, and Cultural Rights (Optional Protocol), which establishes a communications procedure for individuals to file a complaint before the ICESCR Committee alleging a violation of the rights or obligations contained in the treaty, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either ICESCR or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under ICESCR, (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to ICESCR regarding its obligations under ICESCR, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Optional Protocol referred to in (i); (k) has the government engaged in any review of its obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the Convention Against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol), which establishes a system of unannounced visits by international and national monitoring bodies to places where persons are being deprived of their liberty, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either CAT or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to CAT regarding its obligations under CAT, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Optional Protocol referred to in (i), (ix) has the government received any requests either from a State Party to CAT or from any international or national monitoring group or other organization to visit a specific location in order to confirm allegations that Canada is derelict with regard to its obligations under CAT or where an individual is alleged to be deprived by Canada of their liberties, and if so how has the government responded, (l) has the government engaged in any review of its obligations under the Amendment to Article 43(2) of the Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, and the Optional Protocol to the Convention to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography, (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Third Optional Protocol), which establishes a complaints procedure by which individuals can allege a State Party’s violation of its obligations set out in the conventions or optional protocols referred to in (i), (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Third Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Third Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either ICESCR or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to any of the international agreements referred to in (i) regarding its obligations under any of those agreements, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Third Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations, either with the provinces or with any other relevant stakeholders, regarding Canada’s failure to sign and accept the Third Optional Protocol referred to in (i); (m) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (ICPRMW), (i) does Canada’s failure to sign the ICPRMW referred to in (e) cause it to be derelict with regard to its obligations pursuant to any international treaty or tenet of customary international law, (ii) is there any process, formal or otherwise, by which an individual can issue a complaint pertaining to Canada’s obligations towards migrant workers and temporary foreign workers under international law, (iii) is it the position of the government that temporary foreign workers in Canada who believe there rights pursuant to either domestic or international law have been violated should be allowed to remain in Canada pending the outcome of judicial proceedings in this regard, (iv) is there any formal policy in place by which temporary foreign workers in Canada can ensure that they are not deported pending the outcome of judicial proceedings relating to an alleged violation of their rights under international law, (v) does Canada have an obligation under international law to ensure that temporary foreign workers have access to Canadian courts to adjudicate violations of their rights under domestic or international law, (vi) is there any legal or constitutional barrier to Canada becoming a State Party to the ICPRMW referred to in (e); and (n) has the government engaged in any review of its obligations under the Convention on the Rights of Persons with Disabilities (CRPD), (i) has the government engaged in any discussions or consultations regarding Canada’s failure to sign the Optional Protocol to the CRPD, (ii) has the government or any minister consulted with any individuals or organizations who have expressed any positions with regard to Canada’s failure to sign the Third Optional Protocol referred to in (i), (iii) does Canada’s failure to sign the Optional Protocol referred to in (i) cause it to be derelict with regard to its treaty obligations, pursuant to either CRPD or any other international treaty or tenet of customary international law, (iv) is there any process, formal or otherwise, by which an individual can issue a complaint or communication to any international or intergovernmental organization or international tribunal pertaining to Canada’s obligations under the Optional Protocol referred to in (i), (v) has the government received any complaints or communications from any individuals, organizations, or State Parties to the international agreement referred to in (n) regarding its obligations under any of those agreements, (vi) has the government taken any action in response to such complaints referred to in (v), (vii) does the government have a position as to whether the Optional Protocol referred to in (i) violates any section of the Constitution Act, 1867 and, if so, what specific sections does it violate, (viii) has the government engaged in any consultations – either with the provinces or with any other relevant stakeholders – regarding Canada’s failure to sign and accept the Third Optional Protocol referred to in (i)?