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

With regard to the costs incurred by the government in settling lawsuits or claims, as identified in the 2011 Public Accounts totaling $654 million, divided by department, what are the: (a) identities of the claimants or organizations; (b) details of the grievance including the (i) times, (ii) location(s), (iii) type(s), (iv) nature of dispute; (c) monetary amounts and any other terms requested in the claimant's initial claim or lawsuit; (d) subsequent government responses including (i) monetary offers, (ii) any other terms; (e) dates of settlement agreements; (f) types of settlements; (g) amounts of the settlements, and all other terms agreed to in the settlements; (h) the amounts that have been paid by the date of December 7, 2011; (i) estimated costs of not settling and using judicial channels; (j) names of government employees involved in the settlements and their role; (k) Full-Time Equivalent (FTE) hours spent on each claim's settlement; (l) legal fees incurred by the government (including those, if applicable, of the claimant) in each claim's settlement; and (m) steps taken to ensure the events leading to the lawsuit or claim are not repeated and any further lawsuits or claims are mitigated?

With regard to ongoing litigation between the government and any other Canadian government (provincial or municipal): (a) what is the citation of each case; (b) what is the summary of each case; and (c) what is the total amount of money the government has spent to date on each case?

With respect to offences related to money and other assets held offshore, for the period from April 1, 2006, to March 31, 2012: (a) how many convictions were there during this period; (b) what are the details of each conviction in (a) including (i) the name of the individual(s) convicted, (ii) the name and type (i.e. civil or criminal) of offense, (iii) the amount of money or the type of asset and the value of the asset involved, (iv) the location of the money or asset involved, (v) the possible range of penalties/sentences upon conviction, (vi) the actual penalty and/or sentence received, (vii) whether the conviction was achieved through sentencing, plea bargain, settlement, or another means, (viii) the amount of time that passed between the commencement of an audit, investigation, or some other form of compliance action in respect of the offence and the date of conviction; (c) how many offences related to money and other assets held offshore were considered or referred for civil prosecution during this period but never pursued; (d) how many offences related to money and other assets held offshore were considered or referred for criminal prosecution during this period but never pursued; (e) how many offences related to money and other assets held offshore were prosecuted civilly during this period but were thrown out of court or lost in court; and (f) how many offences related to money and other assets held offshore were prosecuted criminally during this period but were thrown out of court or lost in court?

Since January 1, 2006, what are the particulars, including the nature of any claim or legal action, amount, date of payment, and government official to whom the payment was made, of all legal fees paid in accordance with (i) section 8.6.1 of the Policies for Ministers Offices, (ii) section 6.1.14 of the Policy on Legal Assistance and indemnification, (iii) predecessor provisions to either of these two sections?

With regard to Bill C-10, An Act to enact the Justice for Victims of Terrorism Act and to amend the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other Acts: (a) what has the Department of Justice identified as the policy objectives or desired outcomes of Bill C-10 and what indicator has been identified to measure progress; (b) what has the Department identified as the overall legal costs for defending Bill C-10 from legal challenges; (c) when assessing the compliance of Bill C-10 with the Charter of Rights and Freedoms under section 4 of the Department of Justice Act, what measures were used to assess whether delays in trial processes and prison overcrowding would violate Charter-guaranteed rights; (d) what is the measure of post-sentence recidivism rates used now by the Department of Public Safety, and how is the success of Bill C-10 to be defined and measured; (e) what are the numbers of Aboriginal, women, addicted, cognitively-impaired or mentally-ill offenders in remand or federal custody facilities that are being used as a base against which to assess whether Bill C-10 increases or decreases those numbers; and (f) how is the government assessing benefits to victims of crime resulting from Bill C-10?

With regard to the ongoing disputes between the National Research Council of Canada (NRC) and one of its former employees, Dr. Chander Grover, between January 1, 2004, and October 31, 2010: (a) how much money has the NRC spent on legal services and costs for services provided by external legal counsel; (b) how much money has the NRC spent on legal services and costs for services provided by the Department of Justice; (c) how much money has the NRC spent on external communications advice; and (d) how much has the NRC spent on external consultants?

With regard to the $14 million referred to by Mr. Terrance McAuley, Assistant Commissioner, Compliance Programs Branch, Canada Revenue Agency, in the following comments made at the February 5, 2013, meeting of the House of Commons Standing Committee on Finance on the case of Canadians with secret bank accounts in Liechtenstein, “That project is virtually complete now . . . We have gone through the list and we have conducted 47 audits and identified $22.4 million in outstanding tax from a base of approximately $100 million in raw assets. From that, we are now in the process ... we have finished collecting approximately $8 million of that. With respect to the balance, roughly $14 million is currently before the courts.” : (a) how many cases does that represent; (b) how many of these assessments were appealed; (c) what are the dates when each appeal was filed; and (d) in what courts were these appeals filed?

With regard to section 347 of the Criminal Code, broken down by fiscal year for each fiscal year since 2006-2007: (a) how many investigations has the RCMP carried out into contraventions of this provision; (b) how many charges have been laid; and (c) how many successful prosecutions have been carried out?

With regard to the State Immunity Act (SIA): (a) what is the process by which the Governor in Council sets out the names of foreign states that are believed to support or to have supported terrorism on the list established pursuant to the SIA; (b) what is the Minister of Foreign Affairs’ role in this process; (c) what is the Minister of Public Safety and Emergency Preparedness’ role in this process; (d) do the Ministers engage in regular consultations for the purpose of reviewing and updating the list, (i) how frequently do the Ministers engage in such consultations, (ii) how do the Ministers determine when to consult in this regard, (iii) how do the Ministers determine what states to consider when engaging in such consultations, (iv) on whose initiative are such consultations undertaken, (v) what guidelines control the consultation process, (vi) are consultations conducted privately, (vii) are the minutes of these consultations recorded and, if so, where can they be accessed, (viii) what information is available regarding the substance of these consultations; (e) what foreign states are currently being considered for listing pursuant to the SIA, (i) are the Ministers currently involved in any consultations in this regard, (ii) at what stage do these consultations currently stand, (iii) are there any plans for upcoming consultations in this regard; (f) what steps are being taken to determine whether reasonable grounds exist to believe that any other states not currently listed have been or are engaged in the support of terrorism; (g) what has been the impact thus far of listing states, (i) broken down by state, how many lawsuits of which the government is aware were initiated against these states prior to the listing, (ii) broken down by state, how many lawsuits of which the government is aware are currently pending against listed states, (iii) how much has the government thus far spent in cases in (ii), (iv) who is responsible for defending cases in (ii), (v) what budget exists for defending cases in (ii); (h) on what evidence does the Minister of Foreign Affairs rely in making the determination that reasonable grounds exist to believe that a state is or has been engaged in the support of terrorism, (i) does a determination by the Ministers that a foreign state is or has been engaged in the support of terrorism automatically result in a recommendation by the Minister of Foreign Affairs to list that state pursuant to the SIA, (ii) is it necessary that both Ministers agree in the determination that reasonable grounds exist in order for the Minister of Foreign Affairs to recommend the listing of the state pursuant to the SIA, (iii) what evidentiary rules control the type of evidence that may be considered in making this determination, (iv) can and does the Minister rely on classified information in making this determination, (v) may individuals and groups make submissions in this regard, (vi) how may such submissions be made, (vii) what publically available sources are consulted in the consultation process, (viii) which individuals are involved in the consultation process; (i) does the listing of a state result in that state being subject to the jurisdiction of a Canadian court in an action brought pursuant to the Justice for Victims of Terrorism Act (JVTA) in all instances; (j) in what instances may a listed state enjoy immunity from the jurisdiction of a Canadian court in an action brought pursuant to the JVTA; (k) what types of immunity are covered by the SIA, (i) what types of immunity are not covered by the SIA, (ii) can a state that is listed still claim any type of immunity from the jurisdiction of a Canadian court, (iii) what claims in (ii) will the government defend on behalf of a state, (iv) how, by whom, and applying what standards is the determination in (iii) made; (l) with regard to the listed state of Iran, (i) is it the policy of the government that all Iranian-owned property located in Canada is immune from attachment, (ii) what specific Iranian-owned properties located in Canada are immune from attachment, (iii) on what basis are such properties immune from attachment, (iv) by whom, and applying what standard is the determination in (iii) made; (m) with regard to listed and non-listed states, on what basis does the government support diplomatic immunity for states in civil actions, and how is the determination on (l) made, by whom, and with reference to what authorities; (n) with regard to listed states, on what basis do these states benefit from diplomatic immunity, (i) who makes the determination on the part of the government to invoke such immunity, (ii) in what instances, if any, have states requested that such immunity be invoked, (iii) does the government’s obligation to protect diplomatic or consular properties include the obligation to defend a listed state in court, (iv) is it the government’s policy that it is obligated to defend a listed state in court, (v) if so, to what extent and how is this determination made, (vi) in what cases has the government made this argument, (vii) in what cases is the government making this argument, (viii) how much has the government spent such far on cases in (vii); (o) with respect to the listing of Iran, was the decision in part based evidence that the former Iranian embassy in Ottawa has been used to support terrorism, (i) if so, how was the government aware that the embassy was being used for such purposes and on what dates, (ii) does the use of the property that is located in Canada of a foreign state in support of terrorism exempt that property from the immunity provided by the SIA, (iii) does the use of the property that is located in Canada of a foreign state in support of terrorism exempt that property from all immunity, (iv) what type of immunity can still be claimed by a listed foreign state to protect property that is located in Canada that has been or is being used in support of terrorism, (v) does diplomatic immunity protect embassy property even where the relevant embassy was used or is being used in violation of international law or in support of terrorism; (p) with respect to the listed state of Iran, how much money has been spent defending it in court, (i) what are the anticipated costs of defending the Islamic Republic of Iran in court, (ii) is there a government policy or directive indicating the acceptable costs to be expended in defending the Islamic Republic of Iran in court, (iii) from where does the government obtain the funds necessary to defend the Islamic Republic of Iran in court, (iv) what is the maximum amount of money that the government will spend in defense of the Islamic Republic of Iran in court; (q) with respect to the listed state of Iran, can the property located in Ottawa at which the former embassy of Iran was located be attached in a civil action by victims of Iranian-sanctioned terrorism to enforce a judgment against the Islamic Republic of Iran, (i) what are the government’s obligations toward the Islamic Republic of Iran in this regard, (ii) does the government know this property to be currently owned by the Islamic Republic of Iran, (iii) does the government know this property to have at any time been owned by the Islamic Republic of Iran, (iv) is it necessary that the property be currently owned by the Islamic Republic of Iran for it to receive immunity from the jurisdiction of a Canadian court; (r) can the property located in Ottawa at which the former residence of the Ambassador of Iran to Canada is located be attached in a civil action by victims of Iranian-sanctioned terrorism to enforce a judgment against the Islamic Republic of Iran, (i) what are the government’s obligations towards the Islamic Republic of Iran in this regard, (ii) does the government know this property to be currently owned by the Islamic Republic of Iran, (iii) does the government know this property to have at any time been owned by the Islamic Republic of Iran, (iv) is it necessary that the property be currently owned by the Islamic Republic of Iran for it to receive immunity from the jurisdiction of a Canadian court; (s) can the property located in Toronto at which the former Iranian cultural center is located be attached in an action by victims of Iranian-sanctioned terrorism to enforce a judgment against the Islamic Republic of Iran, (i) what are the government’s obligations towards the Islamic Republic of Iran in this regard, (ii) does the government know this property to be currently owned by the Islamic Republic of Iran, (iii) does the government know this property to have at any time been owned by the Islamic Republic of Iran, (iv) is it necessary that the property be currently owned by the Islamic Republic of Iran for it to receive immunity from the jurisdiction of a Canadian court; (t) by whom, how often, and by what criteria will the SIA’s effectiveness be evaluated and who is responsible for this review; (u) by what means were listed states informed of their listing, (i) on what dates, (ii) by whom, (iii) is there a policy with regard to informing states of their having been listed, (iv) if so, what is it; (v) what education, outreach, and awareness efforts have been made to inform Canadians of the listing of states and their corresponding obligations, (i) what education, outreach, and awareness efforts have been made to inform Canadian companies of the listing of states and their corresponding obligations, (ii) what education, outreach, and awareness efforts will be made to inform Canadians of the listing of states and their corresponding obligations, (iii) what education, outreach, and awareness efforts will be made to inform Canadian companies of the listing of states and their corresponding obligations; and (w) what education, outreach, and awareness efforts were made with respect to changes to state immunity occasioned by the coming into force of the JVTA, (i) in particular, how were judges informed of the changes, (ii) how were states informed of the possibility of a listing pursuant to the JVTA, (iii) were efforts made to reach out to potential claimants affected by changes to the SIA, (iv) if so, what were these efforts, how were they undertaken, by whom, and on what dates?

With regard to the government's dealings with U.S. Steel: (a) what was the government’s last claim for monetary damages relating to U.S. Steel and the Investment Canada Act; (b) what are the terms of the settlement with U.S. Steel; (c) to what extent will the settlement cover lost wages and pension benefits of current and former U.S. Steel employees; (d) what job guarantees are included in the settlement mentioned in (b); (e) how much will each current and former employee of U.S. Steel receive under the settlement; and (f) what costs have been recovered from U.S. Steel for court costs?