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Overview

Bill C-219 would amend three federal Acts concerning foreign affairs and sanctions. It would add grounds for sanctions, impose reporting and asset-forfeiture deadlines, and increase maximum penalties for certain offences.

Foreign affairs and human rights

• The Minister of Foreign Affairs would have to publish an annual report on Canadian measures to advance human rights and support prisoners of conscience and human rights defenders internationally.
• The first report would be due within 12 months after the reporting provision comes into force.
• The bill defines a prisoner of conscience as someone detained or physically restricted, contrary to international human rights standards, solely because of their identity or conscientiously held beliefs.

Sergei Magnitsky Law

• The bill would revise the ground concerning foreign nationals responsible for or complicit in gross violations of internationally recognized human rights. It would add grounds concerning foreign nationals who commit transnational repression on behalf of a foreign state or engage in activities that undermine or are likely to undermine international peace, security or stability.
• Transnational repression includes foreign-state tactics such as intimidation, surveillance, threats or physical harm outside the state’s borders to silence dissent or activism. People affected can include dissidents, journalists, diaspora communities and refugees.
• The Minister would generally have to apply for forfeiture of private property within 24 months of its seizure or restraint and dispose of forfeited property within 30 days. The deadlines would not apply where legal proceedings are ongoing.
• Orders and regulations under the specified sanctions provisions would have to be tabled in each House of Parliament within 15 days; they could be sent to the Clerk if a House is not sitting.
• The maximum summary-conviction penalty would increase to a $100,000 fine, three years’ imprisonment, or both.

Special Economic Measures Act

• The bill would rename this law the Global Sanctions and Special Economic Measures Act (Sergei Magnitsky Law No. 2) and update references to it in other Acts and regulations.
• It would revise the law’s purpose and sanctions conditions concerning threats to international peace, security or stability, and add transnational repression to the conditions. It also revises the provision on restricting or prohibiting activities, including activities carried out outside Canada.
• The same 24-month forfeiture application and 30-day disposal deadlines, with an exception for ongoing legal proceedings, would apply.
• Specified orders and regulations would have to be tabled in each House within five sitting days of that House after they are made.
• The maximum summary-conviction penalty would increase to a $100,000 fine, three years’ imprisonment, or both. The bill also revises an evidence provision concerning documents used in prosecutions.

Other notable point

• The preamble states that Parliament considers it desirable for Canada to continue working with allies toward an International Anti-Corruption Court. The bill’s operative provisions do not establish that court.