CANADA VOLUME 134 S NUMBER 071 S 2nd SESSION S 35th PARLIAMENT OFFICIAL REPORT (HANSARD) Friday, September 20, 1996 Speaker: The Honourable Gilbert Parent CONTENTS (Table of Contents appears at back of this issue.) Please note that the Appendix is now included in the Friday Hansard. The House of Commons Debates are also available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 4485 HOUSE OF COMMONS Friday, September 20, 1996 The House met at 10 a.m. game for other countries. That runs counter to the basic principles on which an international economy or an international society can _______________ work. Prayers We have debated in the House in the past weeks the importance of a fundamental rule of law to govern the actions between _______________ individuals. The rule of law is also important in governing the relationships between nations if we want to develop an open international economy for trade, investment, telecommunications, GOVERNMENT ORDERS commerce and culture. We have learned our lessons over the last 40 or 50 years that the best way to do that is to come to an agreement [English] on basic laws that we agree to, basic principles that we adhere to. If there are to be changes to those, nations come together to negotiate FOREIGN EXTRATERRITORIAL MEASURES ACT and discuss them and arrive at some consensus. Hon. Allan Rock (Minister of Justice and Attorney General of Canada, Lib.) moved that Bill C-54, an act to amend the The minister of trade has been actively involved in the develop- Foreign Extraterritorial Measures Act, be read the second time and ment of a World Trade Organization. It is an enormously important referred to a committee. development for the world. The whole premise is that there have to be rules by which countries abide. If one country, especially an Mr. Boudria: Mr. Speaker, I wish to seek the unanimous consent extremely powerful country, perhaps the most powerful country in of the House that the first 40-minute time slot accorded to the the world, begins to adopt a unilateral approach that it can declare government, notwithstanding the standing orders, be split between on its own, without any consideration for the rights of other two members as opposed to one speaker as is normally the case. I individuals or states, then it begins to break down the international believe you will find unanimous consent for that proposition. system that we have laboured so diligently in the last half century The Deputy Speaker: Is there unanimous consent? to build. Some hon. members: Agreed. It is ironic that the United States has over that 50 years been a leader in developing those rules. Not only has it been a leader, but it Hon. Lloyd Axworthy (Minister of Foreign Affairs, Lib.): Mr. has been a beneficiary. Perhaps no country in the world has gained Speaker, I appreciate the courtesy of the members of the opposition more of its economic strength by helping to open up the interna- allowing leave for a joint presentation of this legislation by myself tional system. Yet at the very time the rhetoric and the pronounce- and the Minister for International Trade. ments in various fora around the world by United States In the last several months Canadians have been heavily engaged representatives of a need to put rules into globalization and ensure in a variety of debates about the imposition of the Helms-Burton that we expand and augment our openness, its Congress passed a law by the United States Congress. law which basically tells Canadians: ‘‘We will decide for you what your policy will be in relation to a third party. And if you do not The legislation being presented to the House today at second adhere to what we decide is right, then we will penalize your reading is basically a defensive measure to allow Canadians to companies and your individuals’’. It makes absolutely no sense. It protect themselves against parts of that act and to demonstrate that is totally contrary to the interest of the international community we will provide a basic tool kit for Canadians to ensure that their and is certainly contrary to the interests of Canada. I would dare interests are protected. In the amendments there are a number of say, it is contrary to the interests of the United States. technical features with which the minister of trade will deal. D (1005) It is interesting that in a recent Angus Reid poll which was done in the United States, 64 per cent of Americans who know about the At the outset I want to address the fundamental principle that is Helms-Burton bill support the right of Canada to have its own at stake in the legislation. The Helms-Burton bill is an attempt by independent policy vis-à-vis Cuba. That has been our point. We the United States Congress to unilaterally decide the rules of the have not argued the question of whether the United States policy 4486 COMMONS DEBATES September 20, 1996 Government Orders toward Cuba is right or wrong. We do not agree with it. We have a As a result of our unity in this matter we have been able to different approach. But it is certainly their right how they want to provide real leadership in the international community and to deal with another country. provide a very strong message. I think the message has been received. We will use all avenues and venues to talk with the United States and other countries about how we can work together to improve One of the things we can take some satisfaction from is that in and make the system in Cuba more open. For the United States to title III, which is the part of the Helms-Burton bill which gives the tell us how to carry out our policies and if we do not agree with right to U.S. companies to sue foreign companies that they believe them, to impose a penalty, is an enormous step backward both in may have been involved in confiscated property in Cuba, the our relationships and also in terms of the wider international United States president has deferred the implementation of that community. part of the act as he has a right to do under the legislation. He has not totally deferred it. Therefore, it is important that the House in the legislation send a message that Canadians will not accept that kind of unilateralism Canadian companies are still accruing liability under that portion and that we will stand firm to protect the interests of our compa- but a deferment on a six month by six month basis is not good nies, the interests of our citizens and the interests of Canada to be enough. The act has to be changed to eliminate that position able to maintain its independent sovereign right to decide how to altogether. One of the very effective ways of doing that is by this do its international business. House passing this legislation. It will demonstrate that any Ameri- can action in U.S. courts, first, will not be recognized by the our authorities, and, second, give the right to Canadian companies to I say that in the confidence of knowing that on both sides of the counter sue. We can go into more details on that and I know the House there has been basic support for this approach. It is a good minister of trade will deal with that extensively. example of how, when we unite as a country on a matter of fundamental importance, we can speak with a very strong voice. That is the reality we will now put in our arsenal, the right to counteract. It will provide as well a further signal to the interna- D (1010) tional community that other nations will do the same. Our friends in Mexico have already proposed similar legislation. Certainly Europe is considering similar legislation. Once there is in effect an One of the most important developments during the debate on international alliance in which the legal instruments are at hand to the Helms-Burton legislation is the way that not only has the enable companies to provide that defensive responsive posture, I country united—provincial governments have been in support, the believe that once the U.S. election is concluded and things settle public has been in support, members of this House on both have down and they begin to review these matters, then the United States been in support—we have been able to mobilize a very active and a administration and I trust that Congress will take another hard, very effective campaign to counter Helms-Burton. second look at Helms-Burton and realize just what a serious mistake they have made. The United States has become virtually isolated on this. In the Caribbean, in Latin American countries, in Europe and in Asia We welcome the points of view of our various members but this there is total condemnation of the bill. That is due in some large legislation is a very important and very significant statement on part by the leadership shown by Canada. behalf of Canadians and also a very significant statement on behalf of other countries around the world. The direction to become unilateral arbiters of what is right and wrong is not given by divine The Prime Minister started that when he went to the Caribbean right to one state alone. We must begin to work in the area of nations just weeks after the imposition of Helms-Burton and was co-operation, consensus building and rule making in the interna- able to get full agreement from the Caribbean countries.