Bill S-217: Senator Dalphond Expresses Support for the Frozen Assets Repurposing Act

On March 1, 2022 Senator Pierre J. Dalphond spoke in support of Bill S-217, the Frozen Assets Repurposing Act. Bill S-217 was subsequently referred to the Standing Senate Committee on Foreign Affairs and International Trade. Watch his speech:

Hon. Pierre J. Dalphond: Honourable senators, I rise in strong support of Senator Omidvar’s bill, Bill S-217, the Frozen Assets Repurposing Act.

This is an important piece of legislation with the potential to build international momentum against human rights abuse and corruption, as well as to help improve the situations of victims of these people. Senator Omidvar first initiated this bill almost two years ago and I hope we will collectively give this matter some priority with committee study in the near term.

Bill S-217 builds directly on another important Senate initiative, that of former Senator Andreychuk, who led the passage of the Sergei Magnitsky Law in 2017 with Bill S-226. That law now allows for the seizures, freezing or sequestration of assets in Canada of corrupt foreign nationals responsible for human rights violations or corruption.

In Canadian law, assets may also be seized, frozen or sequestered under the Special Economic Measures Act which deals with sanctions, and the Freezing Assets of Corrupt Foreign Officials Act, which deals with requests by foreign countries in turmoil.

This bill will take the next logical step by providing a mechanism to distribute frozen assets to appropriate individuals or organizations.

These distributions will take place according to the five principles Senator Omidvar described in her speech in December, namely first, accountability for human rights abusers; two, justice for victims; three, due process in court for any distribution of assets; four, transparency in terms of both the identity of the officials and the value of their frozen assets; five, compassion with meaningful actions to the repurposing of resources to help vulnerable people.

Establishing this proposed law will further advance Canada as a leader in human rights. Senators can be proud to break this new ground together if we have the will to act.

On substance, Bill S-217 is nothing to fear. The concepts are already well established in our domestic law relating to the proceeds of crime, such as in the Seized Property Management Act. For this reason, I would suggest that this legislation is ready for expert input on the details at committee.

For example, I will note an interesting debate involving the Honourable Irwin Cotler and lawyer Brandon Silver of the Raoul Wallenberg Centre for Human Rights in Montreal, and the Honourable Lloyd Axworthy and our colleague Senator Omidvar.

The subject of that debate, published in Policy Magazine in 2020, was to what degree frozen assets should go to individuals affected by the wrongful actions, through individual claims, as compared to a more population-focused approach, at judicial discretion. This is a question within the principle and scope of the bill, appropriate for committee consideration. I look forward to hearing expert perspectives.

I would also note that under section 8, Bill S-217 permits distribution to both affected individuals and populations as appropriate to the circumstances, including through contributions to humanitarian relief. I’m sure that would be very useful to Ukraine.

With worsening human rights crises around the world, Canada must always take a stand for what is right. In some situations, this is best done through diplomatic channels, and in other situations through legal, parliamentary and public communications avenues. In some situations, all these avenues may have to play together, but they always play beneficial roles.

In this chamber, we have the benefit of advice on optimal approaches from colleagues with expertise in foreign affairs like Senator Harder, Senator Boehm and others, as well as the benefit of advice on international human rights, legal avenues, from colleagues like Senator McPhedran, Senator Jaffer and others.

On this point, I will note the successful collaboration in this chamber that led to the Senate’s adoption of a motion in June of last year regarding the Philippine government’s unjust and arbitrary detention of Senator Leila de Lima.

With Bill S-217, we have a clear opportunity to improve our domestic law to better address foreign human rights violations, and in so doing to improve the situations of victims and encourage positive action in the global community. We should seize the momentum.

Thank you to Senator Omidvar on this important initiative, and I think that the time has come to send the bill to committee.

Thank you, meegwetch.

The Hon. the Speaker: Senator Woo, do you have a question or would you like to enter debate?

Hon. Yuen Pau Woo: Thank you. I am keen for this bill to go to committee, and would support a vote right after.

I wonder if Senator Dalphond has a view on the American action to freeze the foreign reserves, essentially the assets of the Afghanistan government.

It appears now that they’ve made a decision to use half of those proceeds for humanitarian assistance but to take the other half — we’re talking about billions of dollars — to compensate the victims of the tragic 9/11 World Trade Center terrorist attack.

What is your view on this kind of freezing and repurposing of foreign assets?

Senator Dalphond: Thank you, Senator Woo, for the question.

We are going a bit beyond the scope of this bill. I know that in the U.S. there are some special powers given to the President to seize and freeze assets and also to make specific orders. This is as far as I know about the American situation. I will avoid commenting further.

The Hon. the Speaker: Senator Woo, did you have a supplementary?

Senator Woo: No, except that I am sure all of us will want to think through the American example when the matter goes to the committee.