Bill C-373

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-373

An Act to establish the Department of Peace

Whereas the Parliament of Canada is of the view that the establishment of a Department of Peace would help to advance the cause of peace in Canada and throughout the world;

And whereas peace is not simply the absence of active hostilities but rather a state of non-violence, harmony and amity based on a foundation of principles supported by the United Nations;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Department of Peace Act.

INTERPRETATION

2. The following definitions apply in this Act.

“Civilian Peace Service” means the service established under paragraph 14(2)(b).

“Department” means the Department of Peace established under subsection 3(1).

“Minister” means the Minister of Peace appointed under section 3.

ESTABLISHMENT OF DEPARTMENT

3. (1) A department of the Government of Canada called the Department of Peace is established, over which the Minister of Peace, appointed by commission under the Great Seal, is to preside.

(2) The Minister holds office during pleasure and has the management and direction of the Department.

MISSION OF DEPARTMENT

4. The work of the Department is to be dedicated to peace-building and the study of conditions that are conducive to both domestic and international peace and, in particular, the Department must

(a) hold peace as an organizing principle in society, coordinating service with every level of Canadian society;

(b) promote justice and democratic principles in order to expand human rights;

(c) strengthen non-military means of peacemaking;

(d) promote the development of human potential;

(e) work to create peace, prevent violence, divert from armed conflict, use field-tested programs and develop new structures for non-violent dispute resolution;

(f) take a proactive, strategic approach to the development of policies and programs that promote national and international conflict prevention, non-violent intervention, mediation, peaceful conflict resolution and structured mediation of conflict;

(g) address matters both domestic and international in scope;

(h) support the development of initiatives from local communities, religious groups and non-governmental organizations; and

(i) assume a leadership role among federal departments in addressing matters of peace, order, justice and good government, and in carrying out the responsibility to protect Canadians from harm.

POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

5. (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction — and that have not been assigned by law to another department, board or agency of the Government of Canada — relating to peacemaking and the study of conditions that are conducive to both domestic and international peace.

(2) The Minister's jurisdiction referred to in subsection (1) encompasses, but is not limited to, jurisdiction over the matters referred to in subsection (3).

(3) The Minister must

(a) work proactively and interactively with each branch of the federal public administration on all policy matters relating to conditions of peace;

(b) serve as the Cabinet spokesperson on matters relating to peace;

(c) include the intellectual and spiritual wealth of the people of Canada by involving private, public and non-governmental organ-izations in the administration of the Department and in its development of policy and programs;

(d) monitor and analyse causative principles of conflict and make policy recommendations for developing and maintaining peaceful conduct, with a view to preventing crisis and violence;

(e) promote and develop programs involving citizen participation, including a Canadian civilian peace service aimed at preventing crisis and violence, which would involve the participation of trained citizens in all elements of peace-building, peacemaking and peacekeeping;

(f) develop an intercultural competence within the Department to manage conflicts between individuals and groups;

(g) assist in the establishment and funding of community-based violence mitigation and prevention programs, including restorative justice practices and violence prevention models and their implementation; and

(h) develop strategies and implement programs to address unhealthy manifestations of violence in Canadian culture as they relate to both humans and animals.

HUMAN SECURITY RESPONSIBILITIES

6. (1) The Minister must develop non-violent conflict resolution strategies applicable to situations where human security is threatened by conflict that

(a) is geographic, religious, ethnic, racial, gender-, sexuality- or class-based in its origin, or related to other human rights violations;

(b) results from economic concerns, including trade or misdistribution of wealth; or

(c) is initiated through disputes concerning scarcity of food or natural resources, including water and energy resources, or environmental concerns.

(2) The Minister must offer to provide information relating to the strategies referred to in subsection (1) to all parties involved in a conflict referred to in that subsection.

EDUCATIONAL RESPONSIBILITIES

7. The Minister must

(a) consult with established and innovative peace educators, from across Canada to develop an agenda of peace themes, which is to include studies of

(i) the human rights movement in Canada and throughout the world, with special emphasis on how cooperative endeavour and involvement have contributed to advancements in peace and justice,

(ii) peace agreements, and

(iii) circumstances in which peaceful intervention has worked to stop conflict;

(b) in cooperation with provincial and territorial ministers of education,

(i) offer incentives in the form of grants and training,

(ii) work with educators to design and develop resources to achieve methods of instruction on peaceful conflict prevention and resolution, and

(iii) develop an intercultural competence to manage conflicts between different groups;

(c) establish and maintain a public website for the purposes of soliciting and receiving ideas for the development of peace from the people of Canada;

(d) engage the critical thinking capabilities of grade-school, high-school and university students and teachers by means of the Internet and other media and issue periodic reports concerning submissions received from such persons;

(e) establish, in collaboration with post-secondary institutions in Canada, a National Peace Academy to provide diploma or degree courses of instruction in peace education, whose graduates will be required to provide five years of public service in programs dedicated to domestic or international non-violent conflict resolution; and

(f) provide grants for peace studies departments in universities and colleges throughout Canada.

DOMESTIC RESPONSIBILITIES

8. The Minister must

(a) provide financing for community initiatives that rely on local resources to create peace projects to facilitate the development of strategies for conflict prevention and resolution at a national level and thereby inform and inspire national policy;

(b) assist in the development of community-based strategies for celebrating diversity, promoting respect and combating racism and sexism;

(c) assist in the establishment and funding of community-based violence prevention programs;

(d) develop policies that address family violence, including spousal abuse, child abuse and elder abuse;

(e) develop policies to address violence against animals;

(f) analyse existing policies, implement field-tested programs and develop new approaches to deal with the implements of violence, such as handguns and other firearms;

(g) develop new programs that relate to the societal challenges of school violence, gangs, racial and ethnic violence, violence against gays and lesbians, transphobic violence and disputes involving relations between police services and communities;

(h) make policy recommendations to the Minister of Justice regarding human rights, labour law and civil liberties;

(i) provide counselling services for and advocate on behalf of women victimized by violence;

(j) provide for public education programs concerning hate crimes so as to promote healing and respect for racial, religious, ethnic, gender and sexual diversity; and

(k) ensure, through such participatory and evaluative methods as social and narrative research, that federal official language policies and employment equity policies are guided by principles that are consistent with developing a culture of peace.

INTERNATIONAL RESPONSIBILITIES

9. The Minister must

(a) advise the Minister of National Defence and the Minister of Foreign Affairs on all matters relating to national security, including the protection of human rights and the prevention, amelioration and de-escalation of unarmed and armed international conflict;

(b) provide for the training of all Canadian personnel who administer post-conflict reconstruction or demobilization in war-torn societies;

(c) sponsor national and regional conflict prevention and dispute resolution initiatives, create special task forces and draw on local, regional and national expertise to develop plans and programs for addressing the root sources of conflict in troubled areas;

(d) provide, between Canada and other nations, for exchanges of individuals who work for governments and for non-governmental organizations that endeavour to develop domestic and international peace-based initiatives;

(e) encourage the development of international sister city programs, pairing Canadian cities with cities around the globe for artistic, cultural, economic, educational, peace and faith-based exchanges;

(f) develop and administer the training of civilian peacekeepers who participate in multinational non-violent police forces or provide support to civilian police participating in peacekeeping;

(g) develop and administer a Civilian Peace Service cadet program to engage youth in community service in Canada and overseas;

(h) work jointly with the Minister of Finance to strengthen peace enforcement through the hiring and training of monitors and investigators to help with the enforcement of international arms embargoes;

(i) facilitate the development of peace summits at which parties to a conflict may gather — under carefully prepared conditions — to promote non-violent communication and mutually beneficial solutions;

(j) submit to the Prime Minister recommendations for reducing the numbers of weapons of mass destruction and for stopping their proliferation;

(k) submit an annual report to the Prime Minister on the sale of arms from Canada to other nations, including an analysis of the impact of such sales on the defence of Canada and how such sales affect peace;

(l) in consultation with the Minister of Foreign Affairs, develop strategies for the sustainability and management of the distribution of international funds;

(m) advise the Canadian Ambassador to the United Nations on matters pertaining to the United Nations Security Council; and

(n) provide to the Department of National Defence, on a regular basis, ethical and value-based analyses of programs and other initiatives of that Department.

CONSULTATION WITH MINISTER

10. (1) If it appears that Canada is about to be involved in an armed conflict with another government or entity, the Minister of National Defence and the Minister of Foreign Affairs must, in accordance with the process referred to in subsection (4), consult with the Minister with a view to resolving the conflict by non-violent means.

(2) If an armed conflict involving Canada and any other government or entity is ongoing or recently concluded, the Minister must arrange for independent study of diplomatic initiatives undertaken by Canada and other parties involved in the armed conflict.

(3) Immediately after an armed conflict involving Canada and any other government or entity has concluded, the Minister must assess the effectiveness of any diplomatic initiatives that played a role in ending the conflict. The Minister must report to Parliament on the results of the assessment within six months after the end of the armed conflict.

(4) The Minister must immediately establish a formal consultative process with the Minister of National Defence and the Minister of Foreign Affairs to address any issues that may arise in respect of

(a) any potential or ongoing armed conflict involving Canada and another nation; and

(b) the use of Department of National Defence personnel within Canada.

11. The Minister is to be consulted before the Government of Canada enters into any treaty or peace agreement.

DEPARTMENTAL OFFICERS

12. (1) The Governor in Council must appoint an officer called the Deputy Minister of Peace to hold office during pleasure and to be the deputy head of the Department.

(2) The Deputy Minister must designate other officers of the Department to act for and perform the functions of the Deputy Minister during his or her absence or disability.

13. (1) The Governor in Council must appoint the following departmental officers:

(a) an Assistant Deputy Minister for Peace Education and Training, who is to be responsible for carrying out the functions and responsibilities referred to in section 14;

(b) an Assistant Deputy Minister for Domestic Peace Activities, who is to be responsible for carrying out the functions and responsibilities referred to in section 15;

(c) an Assistant Deputy Minister for International Peace Activities, who is to be responsible for carrying out the functions and responsibilities referred to in section 16;

(d) an Assistant Deputy Minister for Arms Control and Disarmament, who is to be responsible for carrying out the functions and responsibilities referred to in section 17;

(e) an Assistant Deputy Minister for Policies and Programs for Peaceful Engagement, who is to be responsible for carrying out the functions and responsibilities referred to in section 18;

(f) an Assistant Deputy Minister for Human, Social and Economic Rights, who is to be responsible for carrying out the functions and responsibilities referred to in section 19;

(g) a general counsel to provide legal advice to the Minister and Deputy Minister on all matters relating to the administration of the Department and the activities of the Department and its officers; and

(h) four additional officers to perform general duties as prescribed by the Deputy Minister, including

(i) parliamentary relations functions,

(ii) public information functions, including providing, through the use of the latest technologies, useful information about peace and the work of the Department,

(iii) management and budget functions, and

(iv) planning, evaluation and policy development functions, including development of policies to promote the efficient and coordinated administration of the Department and its programs and to encourage improvements in conflict resolution and violence prevention methodologies.

(2) Each officer referred to in this section must report to the Deputy Minister and must, in addition to any functions assigned to the officer under this Act, perform any functions assigned to the officer by the Minister or Deputy Minister.

14. (1) The Assistant Deputy Minister for Peace Education and Training is responsible for the establishment and administration of the departmental Office of Peace Education and Training.

(2) The Assistant Deputy Minister referred to in subsection (1) must

(a) carry out those functions of the Department relating to the creation, facilitation and support of peace education programs and training at the elementary, secondary, university and postgraduate levels;

(b) establish a Civilian Peace Service to promote non-violent means of conflict resolution on a local, regional and international basis; and

(c) establish a Civilian Peace Service cadet program to engage young persons in community service in Canada and overseas and to prepare them for careers as peace professionals.

(3) The Assistant Deputy Minister referred to in subsection (1) must

(a) undertake research on and document peaceful approaches to conflict faced by Canadian society and by our allies, with the objective of making the Department a source of innovative approaches and practices for peace-related strategies; and

(b) hold a yearly conference with provincial and territorial ministers of education and other leaders in education to share new findings in peace-related strategies applicable in Canadian society and abroad and to demonstrate how these findings could be potential content for school curricula.

(4) The Assistant Deputy Minister referred to in subsection (1) must

(a) provide peace education grants to universities and colleges for the creation and expansion of peace studies departments; and

(b) create a community peace grant program under which grants are to be provided to not-for-profit community organizations and other non-governmental organizations for the purposes of developing local peace-building initiatives and innovative neighbourhood programs for non-violent conflict resolution.

15. (1) The Assistant Deputy Minister for Domestic Peace Activities is responsible for the establishment and administration of the departmental Office of Domestic Peace Activities.

(2) The Assistant Deputy Minister referred to in subsection (1) must carry out those functions of the Department relating to domestic peace activities, including the development of policies that increase awareness of the availability and effectiveness of intervention and counselling in respect of domestic violence and conflict.

(3) The Assistant Deputy Minister referred to in subsection (1) must

(a) develop new policies and build on existing programs responsive to the prevention of crime, including the development of community policing strategies and peaceful settlement skills among police and other public safety officers;

(b) develop community-based strategies for celebrating diversity and promoting respect; and

(c) promote the use of restorative justice practices in the resolution of conflict at the community, regional and national level.

16. (1) The Assistant Deputy Minister for International Peace Activities is responsible for the establishment and administration of the departmental Office of International Peace Activities.

(2) The Assistant Deputy Minister referred to in subsection (1) must carry out those functions of the Department relating to international peace activities.

(3) The Assistant Deputy Minister referred to in subsection (1) must

(a) provide for the training and deployment of Civilian Peace Service graduates and other non-military conflict-prevention and peacemaking personnel;

(b) sponsor national and regional conflict-prevention and dispute-resolution initiatives in countries experiencing social, political or economic strife;

(c) advocate the creation of a multinational non-violent peace force;

(d) provide training for the administration of post-conflict reconstruction and demobilization in war-torn societies;

(e) provide for personnel exchanges between Canada and other nations who are endeavouring to develop domestic and international peace-based initiatives; and

(f) create early detection, assessment and response mechanisms to respond to emerging conflicts in order to mitigate or prevent violence.

17. (1) The Assistant Deputy Minister for Arms Control and Disarmament is responsible for the establishment and administration of the departmental Office of Arms Control and Disarmament.

(2) The Assistant Deputy Minister referred to in subsection (1) must carry out those functions of the Department relating to arms control programs and arms limitation agreements.

(3) The Assistant Deputy Minister referred to in subsection (1) must

(a) advise the Minister and Deputy Minister on all interagency discussions and all international negotiations regarding the reduction and elimination of weapons of mass destruction throughout the world;

(b) advise the Minister and Deputy Minister on incidents of dismantling of weapons of mass destruction and the safe and secure storage of materials related thereto;

(c) assist nations, international agencies and non-governmental organizations in determining the locations of nuclear weapons build-up;

(d) develop non-violent strategies to deter the testing or use of offensive or defensive nuclear weapons, whether based on land, air, sea, or in outer space;

(e) facilitate the role of all parties and relevant government departments in advanc-ing the development of a nuclear weapons convention for the establishment of national and international legislation and policies on the responsible use, disposal and future elimination of nuclear weapons; and

(f) provide a depository for copies of all contracts, agreements and treaties that deal with the reduction and elimination of nuclear weapons or the protection of outer space from militarization.

18. (1) The Assistant Deputy Minister for Policies and Programs for Peaceful Engagement is responsible for the establishment and administration of the departmental Office of Policies and Programs for Peaceful Engagement.

(2) The Assistant Deputy Minister referred to in subsection (1) must carry out those functions in the Department relating to research and analysis in respect of creating, initiating, and modelling approaches to peaceful engagement and non-violent conflict resolution.

(3) The Assistant Deputy Minister referred to in subsection (1) must

(a) study the global impact of war, especially on the physical and mental condition of children (using as a guide the ten-point agenda in the 1996 United Nations Children’s Fund report, The State of the World’s Children and the 2004 World Report on Violence and Health of the World Health Organization), as well as the effect of war on the environment and public health;

(b) implement United Nations Resolution 1325 to promote the enhanced participation of women in all aspects of peace activities, from conflict prevention to post-conflict reconstruction;

(c) review and implement United Nations deliberations on the Rapid Response Planning Process (R2P2) — Responsibility to Protect, with particular emphasis on the responsibility to prevent;

(d) publish a monthly journal of the activities of the Department and encourage scholarly participation;

(e) gather information on effective community peace-building activities and disseminate such information to local governments and non-governmental organizations in Canada and abroad;

(f) research the effect of reports of violence in the media and make such reports available to Parliament annually; and

(g) sponsor conferences throughout Canada to enhance awareness of the work of the Department and non-governmental organizations that work in partnership with the Government.

19. (1) The Assistant Deputy Minister for Human, Social and Economic Rights is responsible for the establishment and administration of the departmental Office of Human, Social and Economic Rights.

(2) The Assistant Deputy Minister referred to in subsection (1) must carry out those functions in the Department that support the principles of the Universal Declaration of Human Rights passed by the General Assembly of the United Nations on December 10, 1948.

(3) The Assistant Deputy Minister referred to in subsection (1) must

(a) assist the Minister and Deputy Minister in furthering the incorporation of the principles of human rights, as enunciated in United Nations General Assembly Resolution 217A (III) of December 10, 1948, into all agreements between Canada and other nations, in order to assist in the reduction of causes of violence;

(b) gather information on and document human rights abuses, both domestically and internationally, make such findings available to other agencies in order to facilitate non-violent conflict resolution and recommend to the Minister non-violent responses to correct such abuses;

(c) provide trained observers to work with non-governmental organizations for the purposes of creating a climate that is conducive to respect for human rights;

(d) conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the Minister regarding the non-violent prevention of such scarcity, non-violent intervention in case of such scarcity and the development of programs of assist- ance for people experiencing such scarcity, whether it be due to armed conflict, maldistribution of resources or natural causes; and

(e) assist the Minister, in cooperation with the Minister for Foreign Affairs and the Minister of Finance, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions appli- cable to the receipt of such funds and the impact of those conditions on the peace and stability of the recipient nations.

20. (1) The Minister must appoint a Commissioner of Peace, who is to monitor the work of the Minister and the Department and report to Parliament every six months on the effectiveness of the Minister and the Department in carrying out their functions and responsibilities under this Act.

(2) The Commissioner must

(a) make any recommendations that he or she considers advisable to the Minister regarding the policies of the Department relating to peace and non-violent conflict resolution;

(b) provide a forum for representatives of foreign governments and other entities and federal, provincial, territorial and local governments to discuss peace issues;

(c) promote better intergovernmental relations; and

(d) report annually to the Minister, the Prime Minister and Parliament on the impact of federal peace activities on provincial, territo­rial and local governments.

21. (1) The Minister must appoint an advisory council to assist the Commissioner in carrying out his or her functions under section 20. The council must, in consultation with the Commissioner, also serve as a national and international sounding board on issues relating to peace and non-violent conflict resolution and as a nexus for fostering peace.

(2) The advisory council is to be composed of 10 members, including representatives of peace groups and non-governmental organizations. The members of the advisory council must serve without remuneration but are to be reimbursed for any reasonable expense incurred in the course of their work.