Parliamentary Committee Notes: Summary Of Second Reading Debate
Bill C-41 was debated as second reading on March 27, 2023 and while there was agreement that the Bill was an important step forward, concerns with its timeliness and the fact that it is not a clear carve-out for humanitarian assistance were raised. In voicing the dissatisfaction with the current approach and timeliness, some Members of Parliament made reference to approaches that Canada's allies and other donor countries took to be able to deliver aid into Afghanistan within their anti-terrorism financing provisions. It was pointed out that they were able deliver a more preferred and swift solution to what Bill C-41 is proposing. Despite the above, there were nonetheless comments made by multiple Members of Parliament in support of passing this legislation and even advocating of doing so with speed.
New Democratic Party (NDP)
Concerned with the fact that the Bill took 18 months to introduce and that it did not consist of a blanket exemption or carve-out whereby all humanitarian organizations can freely deliver aid without repercussion. Criticism included the notion that other countries are not imposing the same bureaucratic process involved with the authorization scheme, and the effect that the imposition of a ‘registry' could have on the safety of humanitarian personnel on the ground in Afghanistan.
NDP members relayed how non-governmental organizations have expressed concern that the proposed Bill may contravene international law, the rights of the organizations, and Canada's international obligations. Criminalizing Canadian humanitarian agencies or their staff for working in territories controlled by terrorist groups in and of itself would be contrary to existing international norms and laws, most notably the Geneva Conventions. It was asserted that there is legal precedent in Canada supporting the claim that the provision of life-saving humanitarian aid cannot be considered criminal even when a terrorist group may accrue some benefit from that aid.
NDP members also questioned the validity of the requirement for an organization to wait 180 days before it can reply if it were denied an authorization, citing that timing is essential due to the Afghans crisis and raising the prospect that the waiting period should be reduced to 30 days or eliminated entirely. It appears as though the member may have erroneously interpreted the waiting period after a denial as a service standard for the issuance of an authorization. The current 180 day waiting period is waived should there be a material change in circumstances in Bill C-41.
Conservative Party of Canada (CPC)
Members of the CPC agree that the principles of Bill C-41 are important, but expressed that the bill is technically and legally complicated. Members also cited concerns with the timing of the Bill's passage and its effect on organizations that are currently potentially prohibited criminally from running humanitarian or development programs in Afghanistan. CPC members stated however that it was not too late for Bill C-41 to be useful.
CPC members perceived Bill C-41 to propose a highly bureaucratic process that is time intensive and costly, without set service standards. CPC, NDP and the Bloc expressed concern for the administrative burden that an authorization regime and its requirements would have on humanitarian organizations, and that smaller and diaspora-led organizations might be disadvantaged as the bigger and more known organizations would have more experience previously working alongside the Government.
Additionally, the concern about equity and the level of scrutiny applied by the Government against certain organizations was raised.
CPC members also sought clarity on the complexities associated with the notion that Bill C-41 authorizes the Public Safety Minister to issue authorizations tied to foreign aid and foreign policy. The CPC member agreed that while Bill C-41 does not prescribe the precise form of the exemptions that the government will grant, it is reasonable for a government to have this power to deal with contingency situations, and that the government will necessarily be held accountable for its judicious and effective use of this power.
Bloc Québécois (BQ)
BQ expressed support for Bill C-41 as a useful Bill to assist the Government in making progress in the area of humanitarian aid. BQ member did raise that Bill C-41 is seen by some to be based on mistrust for the humanitarian organizations as it requires the organization to prove their abilities before they are allowed to respond to emergencies. The BQ also sought clarity on the roles of the number of departments and agenies involved in the authorization regime.
The BQ expressed its support to expedite the review and passage of the Bill and recognized the need to strike an important balance between circumventing terrorist financing while allowing for the delivery of aid. BQ member stated that Bill C-41 achieves this balance to some extent and cautioned that how this balance is implemented may be problematic.
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