Prohibiting Cluster Munitions Act

An Act to implement the Convention on Cluster Munitions

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

John Baird  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment implements Canada’s commitments under the Convention on Cluster Munitions. In particular, it establishes prohibitions and offences for certain activities involving cluster munitions, explosive submunitions and explosive bomblets.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 19, 2014 Passed That the Bill be now read a third time and do pass.
June 17, 2014 Passed That Bill C-6, An Act to implement the Convention on Cluster Munitions, as amended, be concurred in at report stage.
June 17, 2014 Failed That Bill C-6 be amended by deleting Clause 4.
June 17, 2014 Failed That Bill C-6 be amended by deleting the short title.
June 16, 2014 Passed That, in relation to Bill C-6, An Act to implement the Convention on Cluster Munitions, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.

November 19th, 2013 / 5:15 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Thank you. I think we have 30 seconds left.

My colleague has adequately shown that the government’s position is quite ambiguous. This bill does not have enough teeth. It does not provide for enough constraints. I raised this issue at our last committee meeting saying that stakeholders had pointed out that Bill S-10 does not indicate that the prohibition of assistance applies to direct and indirect investments in the production of cluster weapons and their parts. That worries me, especially since more than 25 countries already agree that the investment would be a form of assistance prohibited by conventions.

At our last meeting, the witness from the Department of Justice said that the act of helping or encouraging someone to commit a crime is automatically handled through the Criminal Code. Why do you refuse to clearly mention in Bill C-6 that the direct or indirect funding for the production of weapons is prohibited when 25 countries in the world have already done so?

November 19th, 2013 / 5 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Thank you, Mr. Chair.

And please allow me to be blunt, Minister Baird. With all due respect, I believe that the position you have taken and that is embodied in Bill C-6 is a morally ambiguous position.

I found you to be very eloquent last Friday when you spoke in the House of Commons, when you were asked about these, and I found you to be eloquent in the first half of your speech today when you talked about the effects of cluster munitions and about why they're so horrific.

And why are they so horrific? Let me add my voice to this, because everybody has said it. It's because they kill innocent civilians for decades after they are deployed. You are clearly very aware of it.

The reason I am disappointed with your speech today—and I'm referring to the second part of the speech—is that you have provided a loophole. You have not shown Canada taking a position of leadership on this issue. You have invoked the fact that it is important for us to work with our allies and that Canada's safety would be jeopardized if we were to remove that interoperability clause.

I don't buy that for one second. Cluster munitions are one of an array of tactical weapons used in the battlefield. They are not the only weapon that is available for conflicts. As such, I don't believe the safety of Canada in joint operations that we might participate in offshore with our allies requires their use.

I would like to propose an amendment to you. That amendment would be that, although Canada continues, of course, to be a very strong ally of the United States and other countries, some of which may not have ratified the convention, if we are going to become involved in a conflict along with some of our allies who may still have arsenals of cluster weapons, we make our participation with them conditional by saying yes, we will participate, but only if you undertake not to use cluster weapons in those joint operations.

Is this something you would be prepared to consider?

November 19th, 2013 / 5 p.m.
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Conservative

Nina Grewal Conservative Fleetwood—Port Kells, BC

Bill C-6 has evoked comparison with the Ottawa convention that bans the use of land mines. Some have noted that Bill C-6 should adopt the exact same approach as the Ottawa convention.

I recognize that there are stark differences between the two, such as the nature of the two weapons in question. I was wondering whether you could kindly share with this committee the reason that the government has not adopted the Ottawa convention as the model for Bill C-6.

November 19th, 2013 / 4:30 p.m.
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Conservative

John Baird Conservative Ottawa West—Nepean, ON

Thank you, Mr. Chair and members of the committee.

I am pleased to have the opportunity to talk to you about Bill C-6 today. As you know, the Oslo convention prohibits the use of cluster munitions. Canada was one of the first countries to sign the convention in 2008. The convention also prohibits the development, production, acquisition, stockpiling, retention and transfer of cluster weapons.

Let me state clearly and unequivocally at the outset: the Government of Canada is committed to ridding the world of cluster munitions. Bill C-6 is an important step in that direction, but it is just the beginning of our work. Extending the relevant elements of the Oslo convention into domestic law will allow Canada to join the growing list of countries that share the same goal. It is worth spending a few minutes on making sure that we are very clear on what we are talking about and just what is at stake.

By definition, cluster bombs involve the scattering of many small submunitions or bomblets over a wide area from a singular container. I have some examples. These are obviously mock-ups, which I can show around the room on how problematic these are. The challenge is that when these bombs rain down on an area, they all don't explode. That is problematic after the cessation of hostilities.

I have some examples here. I will ask my office staff to pass them around so that members can get a clear idea of what we are talking about.

Extending the relevant elements of the Oslo convention into domestic law will allow Canada to join the growing number of countries in this regard. It is worth spending a few minutes on making sure we are very clear on what we're talking about and what's at stake. I have brought a few replicas with me, and we're passing them around the room.

Unexploded bomblets can pose a continuing threat to civilians long after the military action in which they are used. It is difficult to find these bomblets and it is dangerous to remove them. The unintended human toll exacted by these weapons is significant, and it is a human tragedy.

I urge committee members to look closely at these images and these replicas. There is little difference in the eyes of a child between these round bomblets and a schoolyard ball. A child sees what looks like a harmless ribbon, or a can to collect stones or to use in any other way that their young imaginations can think of.

Anyone who has ever met with victims of cluster bombs or who has heard their tragic stories cannot remain indifferent to their plight. I am sure that many of you around this table have had the opportunity to see how grave their situation is when you have travelled abroad.

My own experiences have deeply moved me. For instance, last month, I went to Laos in response to the country’s call for international assistance. Laos has to disarm a staggering 80 million unexploded bomblets that were dropped during the Vietnam War. The war ended four decades ago, but its deadly aftermath continues to be felt. Without our assistance, there would still be deadly consequences. Words are not enough to describe the extent of human costs caused by cluster bombs.

Cluster munitions like this have been used in nearly two dozen armed conflicts around the world since the Second World War. Tragically, they are still being used today. This map shows the status of stockpiles around the world.

Almost 90% of the victims of cluster munitions last year were killed or maimed in the war in Syria. Despite this, there are encouraging signs that global momentum is growing to stop their production, use, and transfer.

The Oslo convention, which was negotiated in 2008, reflects widespread concerns about the impact of these weapons and provides a framework for putting an end to them. Canada was among the 108 countries that proudly signed the convention in Oslo.

Enacting the bill before you would allow Canada to legally ratify the convention and to become a state party. I think we're clear about the reality of these weapons, and I hope I can say that all of us are committed to working towards a world where they will no longer exist.

Now let's look at the reality of making this happen. The fact is, not all states are ready to ratify the Oslo convention, as we are. Interestingly, Laos, where I visited, is one of the countries that is not ready, despite being one of the first countries to sign the landmines convention.

Among those parties is the United States, Canada's closest ally and the country with which we have the closest defence and security relationship of any two states on earth. That cooperation is of central importance to Canada's national security. In this uncertain world, to walk away from generations of a unique and privileged partnership would undermine the safety of Canadians within our own continent, and it would weaken our ability to contribute to peace and security internationally.

A lot has been said about article 21 of the convention. This article permits the armed forces of states parties to conduct operations or serve in exchanges with the armed forces of non-states parties.

Not having this would have significantly undermined Canada's ability to operate in coalitions and to maintain alliance relationships. Canada and a number of our close allies would not have been in a position to sign the convention. The United Kingdom and Australia, for example, have adopted similar measures in their legislation, and for similar reasons.

Of course, I wish that article 21 were not necessary, and maybe one day it will not be. I would prefer a world in which all of our allies had signed and ratified this convention, but the reality is that we're not there yet.

Canada's unique defence collaboration with the United States takes many forms: information sharing, logistics support, joint exercises, and combined operations, to name just a few. There is no doubt that it is absolutely crucial in meeting our broader defence needs.

This close cooperation could lead to members of our armed forces finding themselves in a situation whereby the provisions of Bill C-6 might apply to them while they're simply doing the job that they are trained to do and that we ask them to do. For example, Bill C-6, because of its scope, could apply to situations where Canadian Armed Forces members call in air support when under attack, or refuel an aircraft, or even just engage in military planning or the sharing of intelligence.

Remember: this is a criminal law bill. And it is a criminal law bill that is ambitious in the scope of what it will criminalize. Without these exceptions, which are permitted by the convention itself—and I want to underline this: which are permitted by the convention itself—our servicemen and -women could be held criminally responsible for doing the tough and often incredibly risky jobs they have volunteered for.

We do not want that, and I'm sure you don't want that either, so out of concern for our soldiers, I believe that this carefully balanced approach we have taken is something that we can all support.

Let me be clear that Bill C-6 enshrines the prohibitions outlined within the convention and the permitted exceptions to those prohibitions as set out in article 21—nothing more, nothing less.

Let me make something else perfectly clear. No Canadian soldier will use cluster munitions, ever. I want to repeat that: no Canadian soldier will use cluster munitions, ever. A directive from the Chief of the Defence Staff will see to that. When this bill is passed, we can task that directive.

Let's have a look at the reality of our defence relationship with the United States and the extent to which these exclusions might apply in practice.

There are over 67,000 members of Canada's regular forces and more than 28,000 in the reserves. Each day, hundreds of these members are taking advantage of our friendship with the United States through training, exchanges, or secondment within the U.S. military. These secondments improve the security and safety of all Canadians. Within these secondments, it would be a very, very rare scenario in which a Canadian Armed Forces member might—might—be directly implicated in the use of cluster munitions by U.S. forces.

For example, at this time, there are fewer than five Canadians in command positions in multilateral operations, fewer than five single members of the Canadian Forces. The slide here gives you a sense of what we're talking about; the little red Canadian stick man is actually disproportionately large, but we couldn't make it any smaller.

As you can see, the principal offences in the bill would affect only a tiny, tiny number of personnel and operations, but the bill also has to include aiding, abetting, counselling, and other forms of indirect involvement. It is these interpretations that could potentially extend to many more personnel if we don't protect them.

I am proud to be able to say that Canada has never produced cluster munitions and we've never used them in Canadian-led operations.

I can also say that even though we're not yet a state party to the convention, the Department of National Defence has already begun the process of destroying Canada's remaining cluster munitions.

These munitions were acquired many, many years ago, dating back to the seventies. Given that they're older, they're probably the ones we should be most worried about. Obviously the failure rate of the explosion of the droplets would be even higher than the ones they make today. These munitions were withdrawn from service several years ago. They are secure, and they will be destroyed with Canadian oversight as soon as possible.

So as weapons of war, cluster munitions in Canada are a thing of the past. It is actions like these that will make a real difference to the horrific impact of cluster munitions.

Our actions are by no means limited to this bill. During my visit to Laos, I announced a further donation by Canada of $1 million to help Laos deal with this horrendous remnant of a long-lost past war.

I want to put it in context. In Laos today there are 80 million of these droplets and land mines that are unexploded: 80 million. And Laos is a very geographically small country. The horrors of people scavenging for the metal to recycle and earn money, or children playing.... They had a mock-up at the Cope headquarters I visited of a typical home where many household lamps and other things used metal from these ordnances, most unexploded but some not. To think that these weapons were used in our lifetime is horrific.

Since 2006 Canada has contributed more than $200 million worldwide to help remove such deadly legacies of conflict, but we can do more and we must do more. Looking forward, I will be allocating up to $10 million in new support over the next 18 months.

The great benefit of this is that not only are we clearing areas, land masses, of these weapons, but when that land is cleared, people are safer and the land is now accessible for agricultural production. It's really a win-win proposition.

Canada will continue its proud tradition of support for demining efforts, victim assistance, and risk awareness programs. We will also be making contributions to support advocacy and outreach effort to non-state actors in support of the Oslo convention. Canada will continue to engage in outreach activities to promote the convention and its objectives at the diplomatic level.

We will make sure that Canada's voice is heard loudly and clearly on this issue, but we need to be a state party to have the credibility to do that. This bill is the right thing to do and the right way to do it. I call on the committee to work with us. Let us not allow our differences to stand in the way of advancing these important goals.

I want to say this: I have appreciated the opportunity to speak with a few government members and with critics from both the official opposition and the Liberal Party. I think we share the desire to tackle this problem. I look forward to your having the hearings, where you'll learn more about this. I will be ready, as always, to listen to the deliberations from all members and to your views on these issues.

I did want to come out and very clearly say two things. One, we take this issue incredibly seriously. Two, I have taken the time, that a number of you requested, to have quite a challenge function with members of the Canadian Forces to drill down on what is absolutely necessary for the article 21 exemption. I understand you'll be having some other witnesses, and I look forward to hearing a report on their testimony.

I'll be very pleased to take your questions and comments.

November 19th, 2013 / 4:30 p.m.
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Conservative

The Chair Conservative Dean Allison

Perhaps we can get started on our second meeting here.

Pursuant to the order of reference of Friday, October 25, 2013, we are considering Bill C-6, An Act to implement the Convention on Cluster Munitions.

I want to welcome Minister Baird back to the table. As well, I want to welcome his department here. We have Sabine Nolke, the is director general of the non-proliferation and security threat reduction bureau. Welcome back to the committee.

From the Department of National Defence, we have Brigadier-General Charles Lamarre, the director general of operations of the joint staff. Welcome, sir.

We have from the Department of Justice, Christopher Ram, the legal counsel. Welcome back to you as well.

Minister Baird, I'll just turn the floor over to you. You have 10 minutes for your opening statement. I understand that you have a PowerPoint presentation to go through, and then we'll go back and forth with questions like we did in the last hour.

The floor is yours, sir.

Foreign AffairsOral Questions

November 8th, 2013 / 11:55 a.m.
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NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, government officials confirmed yesterday that Bill C-6 would still allow Canadian personnel to authorize the use of cluster munitions. People are concerned this could undermine the Convention on Cluster Munitions. Seventeen NATO countries have already ratified the treaty without this kind of exception.

Will the government work with us to close the loopholes in the bill?

November 7th, 2013 / 4:55 p.m.
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Directorate of International and Operational Law, Office of the Judge Advocate General, Department of National Defence

LCol Chris Penny

I don't have much to add to that, except to note that there is a provision in both the convention and Bill C-6 that would prevent a Canadian in that position from expressly requesting the use of cluster munitions, should the choice of munitions used be within the exclusive control of the Canadian armed forces. The circumstances that may arise, and would more often arise, in a multinational operation would be that Canada would not have exclusive control over the choice of munitions used by other states because their choice of munitions is made as a sovereign decision of theirs, and they are participating in that operation as an ally.

So there are certainly circumstances where, if a Canadian had exclusive control over these, he or she would be prohibited from it, and Canadians would be prohibited themselves from using cluster munitions in any event because those are policy decisions clearly within the exclusive control of Canada.

November 7th, 2013 / 4:25 p.m.
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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Thank you, Mr. Chair.

The convention's preamble states that a state party should never assist anyone to engage in a prohibited activity and should discourage the use of cluster munitions.

We have already heard witnesses in the Senate and stakeholders say that Bill S-10 did not specify that the prohibition to assist applied to direct and indirect investments in the production of cluster munitions and their components.

Although 25 countries—including the United Kingdom, Australia, New Zealand and France—have adopted a position whereby investment in the production of cluster munitions is seen as a type of assistance prohibited by the convention, Canada does not seem willing to follow suit.

Could you comment on this government's position? Should that matter be clarified in Bill C-6?

November 7th, 2013 / 4:05 p.m.
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BGen Charles Lamarre Director General of Operations, Strategic Joint Staff, Department of National Defence

Thank you very much, sir.

Members of Parliament, I am pleased to be here today with Lieutenant-Colonel Chris Penny from the office of the judge advocate general. Lieutenant-Colonel Penny was a member of the Canadian delegation that negotiated this convention, and he has since assisted with its domestic implementation.

We are here to discuss the role of the Department of National Defence and of the Canadian armed forces in supporting Canada's efforts to ratify the Convention on Cluster Munitions.

Mr. Chair, the Department of National Defence and the Canadian Armed Forces are committed to the objective and purpose of the convention and to implementing all of its provisions. In this context, it is important to note that we have never used cluster munitions in any of our Canadian Armed Forces-led operations, and we are in the process of destroying our remaining stockpiles.

Bill C-6 was crafted carefully to reflect this commitment and to give effect to those obligations required by the convention within the domestic Canadian legislation. In short, it allows us to implement the convention, to meet our broader defence needs, to remain a strong and reliable ally, and to continue to contribute meaningfully on the international stage.

The Convention on Cluster Munitions itself strikes a necessary balance between humanitarian considerations and national security imperatives, and Bill C-6 reflects this balance. Bill C-6 was written in a clear and unambiguous way, which ensures that members of the Canadian armed forces understand the convention's obligations and its permitted exceptions.

In particular, direct use of cluster munitions during Canadian armed forces operations will be banned without exception. At the same time, as permitted by the convention itself, Bill C-6 protects and preserves the ability of Canada and the Canadian armed forces to continue to work with key allies that have not yet joined the convention. This continued cooperation with non-party states, also known as interoperability, helps enhance our national security by providing a wide range of collaborative opportunities such as exchange positions, intelligence-sharing, joint exercises, combined operations, and just as important, the placing of Canadians in command in key positions. This is particularly important in light of our valuable and unique relationship with the United States, our most important ally and defence partner.

In this context, it is vital that our men and women in uniform and the civilians working with them are not unjustly accused of criminal conduct when doing what we ask of them in the interests of our national security and defence. Bill C-6 thus affords them the legal protection they need to do their job, as permitted by the convention.

For example, under the convention and Bill C-6, these men and women can continue to ask for potentially life-saving military assistance from our allies, be they signatories to the convention or not, without fear of being disciplined or put on trial for the policy decisions of these other states. In situations where the Canadian armed forces have the exclusive choice of munitions to be used by the forces of a non-party state, we will prohibit our members from expressly requesting the use of cluster munitions. It is also worth underlining that nothing in the interoperability provisions of the convention, or within Bill C-6, detracts in any way from Canada’s existing obligations under international humanitarian law.

The Canadian armed forces and its personnel will at all times during all operations remain bound by obligations prohibiting the authorization of, assistance with, or participation in an indiscriminate attack, including one using cluster munitions, whether they are acting on their own or in concert with foreign partners.

In 2008, as evidence of Canada’s commitment to the Convention on Cluster Munitions and upon our signature of it, the chief of the defence staff issued an interim directive prohibiting the use of these weapons in any Canadian armed forces operations. As we move forward, the chief of the defence staff will issue another directive, which will reflect all the requirements of Bill C-6, as ultimately adopted by Parliament. In addition, this new directive will also prohibit Canadian armed forces members on exchange with allied armed forces from directly using cluster munitions and from giving or receiving training in their use.

It will also prohibit the transportation of cluster munitions in Canadian armed forces vehicles or vessels. This goes above and beyond the convention’s requirements and it will take the form of military orders that carry the force of law within the Canadian armed forces. All these restrictions will be incorporated into the Canadian armed forces rules of engagement, and will typically be communicated to allies when Canada enters into military cooperation activities with them, as one method of informing our allies of our obligations under the convention. They will be implemented when the bill receives royal assent and will be legally binding for Canadian armed forces members under the military justice system.

That concludes my statement.

November 7th, 2013 / 4 p.m.
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Sabine Nolke Director General, Non-Proliferation and Security Threat Reduction Bureau, Department of Foreign Affairs, Trade and Development

Thank you very much.

I am pleased to be here today to speak to you about Bill C-6, the prohibiting cluster munitions act, which is an important and necessary step toward Canada's ratification of the Convention on Cluster Munitions.

Cluster munitions are a very serious humanitarian concern. Deployed from the air or ground, some types of cluster munitions can release dozens or even hundreds of smaller submunitions, which can rapidly cover a large area. These can pose serious threats to civilians, not only during attacks but especially afterwards if they fail to detonate as intended. Unexploded bomblets can kill and maim civilians long after conflicts have ended. Sadly, many of these victims are children, who pick them up mistaking them for toys.

Even when they do not kill, cluster munitions cause horrific injuries that seriously jeopardize the future of those affected and their families. Furthermore, access to land and essential infrastructure contaminated by unexploded bomblets is blocked. This stalls the development potential of whole communities trying to rebuild their lives after conflict and undermines efforts at long-term stabilization.

Canada has long been committed to protecting civilians against the indiscriminate effects of explosive remnants of war. Canada has never produced cluster munitions, nor used them in Canadian Armed Forces-led operations. However, this weapon has been used by other states in more than 35 conflicts around the world since the end of the Second World War. Over 25 countries and other territories are thought to be contaminated by these munitions. Laos, Vietnam and Cambodia, for example, remain some of the most heavily contaminated countries in the world decades after the conflicts there have ended.

The Convention on Cluster Munitions entered into force in August 2010. To date, the convention has 83 state parties. This number will grow to 84 on March 1, 2014, when the convention enters into force for Saint Kitts and Nevis. An additional 29 states have signed the convention but have not yet ratified it. Most of our NATO allies have signed or ratified it, although some, including the United States, Turkey and Poland, have not.

The convention bans the use, development, production, acquisition, stockpiling, retention, and transfer of cluster munitions. It prohibits countries that agree to be bound by it from taking part in these activities and from assisting or encouraging anyone else to do so. It obliges them to criminalize these activities in domestic law.

Furthermore, it seeks to address past use by requiring clearance of contaminated areas, rehabilitation for victims of these munitions, and where possible, assisting affected countries in need.

The convention also permits military cooperation and operations between states that are party to the treaty and those that are not. This is the so-called interoperability clause. From the beginning of the negotiations, Canada strongly supported the need to ensure that state parties could continue to collaborate militarily with non-state parties. The interoperability clause was an essential compromise that allowed many countries, including Canada, to sign the convention. It ensures that Canada will be able to continue participating in multinational military operations with its key allies that are not party to the convention, particularly the United States, with which we enjoy a robust and vibrant military cooperation.

Drawing the line between prohibiting use by countries that are party to the convention while allowing legitimate and responsible cooperation with countries that are not was the most difficult issue in the negotiations, given the complex situations and scenarios in which military cooperation takes place.

Bill C-6 implements those parts of the convention that require legislation in Canada. Other provisions are carried out by other means and not necessarily through legislative mechanisms. The obligation to advocate in favour of the convention's norms, for example, will be implemented through diplomatic channels, while programming is in place to provide assistance to states affected by cluster munitions.

I'm turning now to those provisions that require legislative implementation and that are included in Bill C-6, which is before you today.

The convention requires a state party to give effect to the prohibitions it imposes on states by imposing certain criminal prohibitions on persons within its jurisdiction. Accordingly, the proposed act sets out a series of offences and the technical definitions needed to support their investigation and prosecution.

More specifically, the bill prohibits the use, development, manufacture, acquisition, possession, import, export, and cross-border movement of cluster munitions. It also prohibits aiding, abetting, counselling, and attempting or conspiring to commit such offences or such activity.

The proposed act also sets out some exceptions to these general prohibitions. Since the convention calls for the use of criminal law it is necessary to create these exceptions to ensure that members of the Canadian Forces and associated civilians who are engaged in the military activities that are specifically permitted by the convention, in particular those relating to the interoperability clause of the convention, will not be held criminally responsible for doing their jobs.

It is important to recall, as I mentioned earlier, that such exceptions are permitted by the convention itself. They do not authorize any specific activity at any particular time. They simply exclude Canadian Forces members and associated civilians who are engaged in military activities from the new criminal offences that Bill C-6 would create under specific circumstances. They have been strictly Iimited so that only persons who are acting on behalf of Canada are excluded, only when the activity in question is part of a permitted form of military cooperation, and only when the other country involved is not a state party to the convention. This is very important because it means that as other countries join the convention and renounce these munitions the legal exclusions become progressively narrower in effect.

I should also point out that these exceptions do not detract in any way from any other applicable legal obligations, including those established by the law of armed conflict. Under international law the indiscriminate or disproportionate use of any weapon is a war crime, whether or not the weapon is a cluster munition, and could be subject to prosecution in Canada under the Crimes against Humanity and War Crimes Act. Nothing in Bill C-6 changes this.

Canadian armed forces members would remain prohibited from using cluster munitions in Canadian operations and from expressly requesting their use when the choice of munitions to be used is under their exclusive control. DND will impose additional prohibitions for its forces. My colleague from DND will speak to those in more detail.

Canada has already taken concrete measures to implement aspects of the convention. For example, the Canadian Armed Forces have initiated the process of destroying all of their cluster munitions. Their last remaining inventory has been removed from operational stocks and marked for destruction.

Canada is also assisting countries that are affected by cluster munitions. Since 2006, Canada has contributed more than $200 million to mine action projects, which address the impact of explosive remnants of war, including cluster munitions. Most recently, Canada has provided $1 million in funding to Laos for cluster munitions clearance activities.

Canada is firmly committed to the goals of the Convention on Cluster Munitions. This bill, if enacted, will solidify that commitment by enabling Canada to ratify the convention and become part of the growing number of nations intent on eliminating the use of these weapons.

Thank you. Merci.

November 7th, 2013 / 4 p.m.
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Conservative

The Chair Conservative Dean Allison

Pursuant to the order of reference of Friday, October 25, 2013, discussion of Bill C-6, An Act to implement the Convention on Cluster Munitions will start today.

I want to thank our guests for taking the time to be here and, as usual, for being here on such short notice as well.

We have Hugh Adsett, who is the deputy legal adviser and director general for the legal affairs bureau with DFATD. Welcome, sir.

We have Sabine Nolke, who is the director general of the non-proliferation and security threat reduction bureau, also from DFATD. Thank you, and welcome to you.

We have Brigadier-General Charles Lamarre, director general of operations in the strategic joint staff of the Department of National Defence. Thank you, and welcome to committee.

Joining him is Lieutenant-Colonel Chris Penny, who is from the directorate of international and operational law, in the office of the judge advocate general. Welcome, sir, to you as well.

Rounding it out at the end of the table, from the Department of Justice, we have Christopher Ram, legal counsel from the criminal law policy section. Welcome.

We're getting started a little bit early today. It is Thursday, so depending upon how many questions MPs want to ask, we'll go right to 5:30 or we may go sooner. Because it's Thursday afternoon, who knows? Maybe we'll finish a little bit early, as long as all the questions have been answered, and we'll certainly give all our colleagues here a chance to do that.

I'm going to start with Madam Nolke and her presentation.

You each have up to 10 minutes. I'm not sure—I thought it was maybe 10 minutes, 5 minutes, and 5 minutes. I'm not sure what you have with regard to that, but we'll start and work our way across the table. Then we will turn it over to the members of Parliament to follow up with some questions.

Madam Nolke, we'll turn the floor over to you. Thank you for being here.

Disarmament WeekStatements By Members

October 30th, 2013 / 2:05 p.m.
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NDP

Hélène Laverdière NDP Laurier—Sainte-Marie, QC

Mr. Speaker, this is Disarmament Week.

Canada was once a leader in disarmament issues. Take, for example, the motion that was unanimously adopted by the House in 2010 regarding nuclear disarmament and the Ottawa Convention on anti-personnel mines.

Unfortunately, that is no longer the case. With Bill C-6, the Conservatives are undermining the Convention on Cluster Munitions. Cluster munitions primarily kill civilians.

Canada is withdrawing from the Arms Trade Treaty, which 114 countries, including the United States, have signed. What is more, last week we learned that this government is easing controls on Canadian military equipment exports. I could go on.

Unlike the Conservatives, the NDP wants to build a safer world through multilateralism and conflict prevention.

Have a good Disarmament Week.

Prohibiting Cluster Munitions ActRoutine Proceedings

October 25th, 2013 / noon
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Ottawa West—Nepean Ontario

Conservative

John Baird ConservativeMinister of Foreign Affairs

moved for leave to introduce Bill C-6, An Act to implement the Convention on Cluster Munitions.

Mr. Speaker, pursuant to the special order made previously, I would like to inform the House that this bill is in the same form as Bill S-10 was in the previous session at the time of prorogation.

(Motions deemed adopted, bill read the first time and printed)