C-281 – International Human Rights Act – makes changes to 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 goal is to increase pressure on other countries and foreign nationals that may be committing human rights abuses.
Department of Foreign Affairs, Trade, and Development Act
The first change made to the Department of Foreign Affairs, Trade and Development Act is a new definition: “prisoner of conscience”. A prisoner of conscience is anyone who’s being detained solely because of their identity or their beliefs, including religious or political beliefs.
C-281 would have the Minister of Foreign Affairs, Trade, and Development create a report at least once a year that covers the following:
- An outline of the measures the government has taken to advance human rights internationally
- A list of information regarding prisoners of conscience that the government is working towards having released that includes the number of these prisoners detained by each government, their names, the circumstances of their detention, the efforts the government has made to visit them and attend their trials (including the number of requests for both and the responses of the detaining governments), and any other actions the government has taken to support them
- A description of the government’s communications of the families of prisoners of conscience and its consultations with civil society on human rights matters
The Minister will need to consult with the families of these prisoners and allow them to request information not be included in the report, and they may also exclude information if it’s in the interest of the safety of the prisoner.
Finally the Minister will need to develop a government-wide international human rights strategy.
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)
This part of C-281 has to deal with regulations made against a foreign national who’s believed to have committed human rights violations. If a committee of the Senate or the House, or the Senate/House themselves decide to pass a Motion that would have regulations made against someone the Minister will need to prepare a response about whether or not the regulation has been made and the reasons behind the decision. Having the House prorogue or dissolve won’t remove this requirement, the Minister will still need to present the response as soon as possible when the House comes back.
Broadcasting Act
Simple update here, no broadcasting licences will be issued or renewed to anything that could be significantly influenced by a foreign national or entity that’s committed acts the Senate or the House have recognized as genocide or is currently being regulated under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) or the Special Economic Measures Act.
Prohibiting Cluster Munitions Act
The Prohibiting Cluster Munitions Act is all about regulating cluster munitions (pretty much anything designed to burst into a cluster of smaller explosives) based on the Convention on Cluster Munitions.
C-281 adds an extra layer of separation to the list of illegal activities regarding these weapons. Now it’ll be illegal to have any financial interest, including making a loan, in anyone that you know has been involved in the use/transport/development/import/etc of cluster munitions. It’ll also be illegal to counsel anyone in those actions, conspire with someone to take them, or assist that person in any way.
These actions fall under the same punishment as the original list of illegal actions, which is up to $500,000 and/or five years in prison.
Progress
C-281 passed its Second Reading vote with everyone voting in favour of it. The Standing Committee on Foreign Affairs and International Development made some small changes to the French version, all just adjusting some of the terms, which everyone in the House voted to adopt. On June 7, 2023 it passed its Third Reading with everyone again voting in favour of it. It will now be sent to the Senate!