Prohibiting Cluster Munitions Act

An Act to implement the Convention on Cluster Munitions

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Status

In committee (House), as of June 12, 2013
(This bill did not become 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 12, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Foreign Affairs and International Development.
June 11, 2013 Passed That, in relation to Bill S-10, An Act to implement the Convention on Cluster Munitions, not more than five further hours shall be allotted to the consideration of the second reading stage of the Bill; and that at the expiry of the five hours provided for the consideration of the second 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 stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:30 p.m.


See context

Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, my hon. colleague speaks with great compassion on this issue. We have more or less indicated that we would support the bill going to committee.

I have two questions. One is on the issue of being open to amendments to ensure that some of the issues we have, and I suspect some of the issues the official opposition has, have the chance to be thoroughly understood and debated.

The second question is on time allocation. The Conservatives have introduced time allocation over 40 times. For the hon. member to suggest that the bill merits more time allocation than any of the others, the Conservatives have had time allocation on many bills that we all supported, when there was absolutely no reason for time allocation. I certainly expected that the Conservatives would use time allocation on this one as well.

However, it is a very important issue, and I would like a commitment from the member. Is he open to amendments? Would the government be open to amendments? Will the Conservatives actually allow all of us in the House to thoroughly debate something that is this important?

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:35 p.m.


See context

Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

Mr. Speaker, I may be mistaken, but I think time allocation has already been put in place on this legislation.

The member is a very respected member of the House of Commons. She has been a minister in a government, and she understands that I cannot dictate whether amendments would be seen or not. If the opposition hopes to bring forward amendments to this, I hope they make sure it is done in an open and transparent way so that we could all have an opportunity to talk about it. However, if the only amendment that would be brought forward is the amendment on interoperability, I think the point has been made very clearly, not only by the Government of Canada, but by many of our allies across the world, that this is an important component. Without the interoperability article 21, we would not have the Oslo treaty; we would not have 110 countries on side.

It is with the 110 countries on side that we get the moral authority to press others to make sure they become engaged in this, to make sure they sign on and do their part in ratifying and becoming part of this process.

It is very important that we move this legislation quickly through the House of Commons, that we move it through to royal assent, so we can continue to be one of the leaders when it comes to issues of land mines and cluster munitions.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:35 p.m.


See context

Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, my hon. colleague clarified a number of things for me, which I thought was very good and comprehensive.

When the NDP member for Winnipeg Centre was speaking a little earlier and I asked him a question about article 21, of course he failed to read the most important provision of article 21, which is clause 3. I assume he did that on purpose. It states:

Notwithstanding the provisions of Article 1 of this Convention and in accordance with international law, States Parties, their military personnel or nationals, may engage in military cooperation and operations with States not party to this Convention that might engage in activities prohibited to a State Party.

I have a question for my hon. colleague. It is a fact situation that I would like to suggest to ask how he thinks the legislation that might have been proposed by the NDP would treat Canadian Forces in this situation. For example, what would happen if a Canadian ground commander, in a place like Afghanistan where they are operating with other countries—

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:35 p.m.


See context

Conservative

The Speaker Conservative Andrew Scheer

Order, please. I am going to stop the hon. parliamentary secretary to allow the member for Westlock—St. Paul to respond. I know there are other members who are interested in asking questions.

The hon. member for Westlock—St. Paul.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:35 p.m.


See context

Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

Mr. Speaker, I note that in the parliamentary secretary's question he talked about Mr. Turcotte as being one of the lead negotiators for Canada on this. I know Mr. Turcotte well; I consider him a friend. I know where his heart is on this. However, at the end of the day, I believe that everybody involved in this understands the importance of Canada ratifying this treaty so we can continue to have a leadership role in the world.

I represent, as I said earlier, two Canadian Forces bases. The men and women of the Canadian Forces are happy that Canada has not only never used cluster munitions but is destroying the remaining stockpile that we have. It is only from that point of moral authority that we can continue to pressure other countries to follow the great example that is Canada.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:35 p.m.


See context

NDP

Yvon Godin NDP Acadie—Bathurst, NB

Mr. Speaker, I want to ask the member a question. He said we have to pass this bill in a hurry. He said he is happy that time allocation was put on it, which means we cannot discuss it in-depth. The same thing will happen at committee when the government wants to move a bill that quickly. Is he discouraged with his own government that we have been waiting since 2008 and we needed the Senate to bring the bill to the House? If it was that important, why did the Conservatives have to wait for the Senate to bring it in? Now that the Senate has brought it in, the elected members of Parliament cannot take the time to discuss it and do the real job that needs to be done. Is he not ashamed of the way his own government is acting on this bill?

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:40 p.m.


See context

Conservative

Brian Storseth Conservative Westlock—St. Paul, AB

Mr. Speaker, what I am ashamed of is that the members on the other side continue to talk about process issues instead of the children who are affected by these cluster munitions. New Democrats would rather talk about process issues than making sure a treaty is ratified that is not only important to Canadians but specifically people in other countries who have been affected by cluster munitions.

I am disappointed that the opposition continues to want to talk about its lack of influence on the government. Quite frankly, I do not know care whether it was the other place that brought it forward or the House of Commons. I care that this is good legislation that needs to be passed so we can continue to be a leader in this area.

I know the member from the other side is a strong and respected member. However, I submit that he has been caught up in process rather than actual results for people around the world, particularly the children in Serbia and Lebanon who have been affected by these munitions.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:40 p.m.


See context

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I would first like to say that I have the honour of sharing my time with the formidable member for La Pointe-de-l'Île, who does an outstanding job as deputy foreign affairs critic. We in the NDP will never be grateful enough to her. We are fortunate to have her.

I am happy to speak about Bill S-10, An Act to implement the Convention on Cluster Munitions. There is no doubt that I would prefer to talk about climate change, investment in social housing or respect for the French language, since those subjects would appeal much more to the people in my riding, Québec.

However, we are here to talk once again about security. On the other hand, we will not be discussing the $3.1 billion lost in the fog, which the government is unable to justify. In the struggle against terrorism, how was it able to lose $3.1 billion? It is funny, by the way, because I do not know anyone who loses $3.1 billion for no reason.

With regard to Bill S-10, it is important to remember that cluster munitions are weapons that release hundreds of explosive devices over a wide area, within a very short time. They have a devastating effect on civilian populations that can last for years after conflict ends.

Handicap International reports on its website that since 1965, 16,816 victims of cluster munitions have been registered worldwide. Sixteen thousand eight hundred and sixteen. However, many accidents have not been reported, and the international observatory monitoring cluster munitions—Observatoire mondial des sous-munitions—estimates that the actual number of victims is somewhere between 58,000 and 85,000. What is more fascinating, or deplorable, I should say, is that 98% of the victims of cluster munitions are reportedly civilians. Ninety-eight per cent. In other words, these weapons essentially target civilians.

In February 2007, noting that for decades, civilians had suffered whenever cluster munitions were used, Norway launched the Oslo process. Representatives of a number of countries supporting the development of new rules for cluster munitions met at a conference in Oslo. That was where the Convention on Cluster Munitions was born. This international disarmament treaty totally prohibits the use, production, stockpiling and transfer of such weapons and provides for their removal and destruction. It is as simple as that.

In 2008, Canada joined 108 countries in signing the treaty designed to prohibit cluster munitions. The agreement came into force in 2010 and has been ratified by 83 countries. Unfortunately, the United States, China and Russia did not take part in the process and continue to stockpile cluster munitions.

Since 2008, extensive discussions between the Department of Foreign Affairs and International Trade and the Department of National Defence have led to the promotion by Canada of a position that is broadly perceived as mirroring that of the United States, yet the United States possesses one-quarter of worldwide stocks of cluster munitions, which means about 4 billion bombs. Thus, the Canadian government has been delaying ratification of the treaty for more than four years now. It has thus waited all these years under a Conservative majority government. It is just as important to say that, too. It was not the NDP. Oh, no.

Today I rise in this House to oppose Bill S-10, because in reality, it is not an attempt to ratify the Convention on Cluster Munitions, but rather an attempt to build in exceptions. That is where the difference lies. We should stress that difference and understand it well, despite the last comments I heard from my colleagues opposite.

During the Senate hearings, numerous witnesses urged the federal government to amend the legislation. According to various academics and former disarmament officials, Bill S-10 would put Canada in violation of its obligations under the Convention on Cluster Munitions. It is important to state that, too.

Earl Turcotte, who led the Canadian delegation that negotiated the Convention on Cluster Munitions, resigned in protest against Canada’s attempt to impose a weak enabling act, because that is exactly what this is. As Mr. Turcotte put it, the legislation proposed by Canada is the worst of any country that has ratified or acceded to the Convention on Cluster Munitions to date.

In fact, the Canadian law and penalties will be the weakest—one would think it was the law on mines that was being discussed—of all the countries that have signed the convention.

Nevertheless, if the government is short of good reasons for taking a hard line with respect to the use of cluster munitions, it should consider the fact that in 2006, 22 members of the Canadian Forces were killed and 112 others wounded in Afghanistan. Why? Because of anti-personnel mines, cluster munitions and other kinds of explosive weapons.

Bill S-10 has some significant omissions that could have fatal consequences for civilians. If the bill is passed in its current form, in fact, it would allow the Canadian Forces to help countries that have not signed the convention to use cluster munitions. That is the weakness of a bill like this. In some circumstances, the Canadian Forces could even use such weapons. Moreover, the bill does not state clearly that investments in this area are prohibited.

According to Senator Roméo Dallaire, Bill S-10 is flawed and puts members of Canada's armed forces face to face with a horrific moral and ethical dilemma. He said that the bill proposed by the government does not respect the spirit of the convention.

In fact, Bill S-10 will invalidate the convention rather than implement it. Once again, the government is moving backwards. Bill S-10 manoeuvres around the treaty's provisions and allows Canada to aid and abet the use of cluster munitions.

Thus, the Government of Canada has completely abandoned its international responsibilities and given in to pressure from the United States, yet other countries such as Australia and New Zealand that are also allies of the United States stood up and ratified the convention without this kind of exception.

Former Australian Prime Minister Malcom Fraser said:

It is a pity the current Canadian government, in relation to cluster munitions, does not provide any real lead to the world. Its approach is timid, inadequate and regressive.

It reminds me of the government's stand on climate change.

This is not the only arms treaty where the government has revealed itself to be timid, inadequate and regressive. Throughout the negotiations on the international arms treaty, an agreement that would end the global trade in conventional weapons, the Conservative government has maintained its unco-operative position.

In the end, we in the NDP have no other choice but to oppose Bill S-10, because its intent is not to ratify the convention as it should. It is a clear attempt to create a loophole. The Conservatives try to wiggle out of their responsibilities again and again. This is nothing new. We are getting familiar with it, after all these years.

The Conservatives must stop trying to undermine the international agreements to control the arms trade. In addition to weakening peace efforts, an unregulated arms trade leads to increased violence in conflict zones and even more civilian victims. Hundreds of thousands of people are killed every year because of armed conflicts. The Conservatives simply drag their feet or put forward legislation that is misleading—nasty, in fact.

It is unacceptable, and I hope that the government will finally decide to work with the NDP, the conscience of Parliament, at the committee stage, in order to make the necessary amendments to Bill S-10, so that we can move ahead with this convention, without all the detours the Conservatives have planned.

I have one interesting fact here: more than half the victims of cluster munitions are children, who are particularly attracted to unexploded sub-munitions.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:50 p.m.


See context

Mississauga—Erindale Ontario

Conservative

Bob Dechert ConservativeParliamentary Secretary to the Minister of Foreign Affairs

Mr. Speaker, the member mentioned Mr. Turcotte. I wonder if she could comment on an article in which he was quoted in the Embassy newspaper.

It stated:

...there was no getting around the fact that, at least for the foreseeable future, Canadian soldiers would be operating in life and death situations with countries that do use them, notably the U.S.

The article then quoted Mr. Turcotte:

“I have the greatest admiration for what they are doing”, Mr. Turcotte said of the Canadian Forces, “and the last thing any of us wanted to do, myself included, was put Canadian soldiers at risk.”

The article further went on to say:

“I did my best to make the case and to provide assurances that if we did participate in this,” he said, “that we would negotiate an agreement that would protect the capacity of Canada to continue to work with our allies, whether or not they became party to this convention.”

I wonder if the hon. member could comment on the quotes from Mr. Turcotte and relate them to article 21 of the convention.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:50 p.m.


See context

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, it should be remembered that Mr. Turcotte resigned in protest against Canada's attempt to push through a weak implementation bill.

And that is what it is: a weak bill. That is the problem. Do not tell me all about the convention. The problem is that the Conservatives are using underhanded means to reach their goals. Everyone believes that cluster munitions ought to be eliminated, but we must ratify the convention properly.

We are being criticized by international experts because we do not respect international agreements the way we should. It is seriously damaging to our international reputation, and I am very proud of that reputation.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:50 p.m.


See context

NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, the hon. member put some of this debate into context.

I want to just underline, for those who are watching this at home and for some people who are in the House participating, that we support the Convention on Cluster Munitions. We just do not support making an exception to it, which appears to be the case in this bill.

We have to put this in context. The government decided not to run for a Security Council seat. It dragged its feet on the small arms control agreement. It pulled out of the UN anti-drought convention. Now it is including an exception to the Convention on Cluster Munitions.

It is little wonder that we on this side of the House have some concerns. It is a matter of trust. The government plays fast and loose with people's trust. Therefore, we have serious concerns about this. I think these are real concerns. They are concerns that have been expressed by third parties.

I would like my hon. colleague to comment on some of this.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:55 p.m.


See context

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, the subject is so dark that I feel I need to add a little humour. It will help the people at home follow the discussion.

I feel as though I am in the film, Catch me if you can; the magician tells you to watch his right hand, but he is doing something with his left. That is exactly what this government is doing. It is trying to dazzle us by saying it is ratifying the convention, but in fact it is undermining it. It has created so many loopholes it looks like a sieve. That is what we object to.

We must go back to committee and do the work that is necessary so this legislation will be praised, congratulated and encouraged by the international experts. When people as honourable as Roméo Dallaire tell us we are taking the wrong path, the least we can do is listen.

Still, this is not a listening government. It does not listen to the people, the provinces, the municipalities or the experts. That is why we have the bill we have.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:55 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank the hon. member for Québec.

I agree with her. I support the Convention on Cluster Munitions, but this bill is so weak that we risk being among the nations who give up when threatened. It is incredible, because we have this opportunity and we are in a position to become a leader in the international community, but with this bill, we have abandoned that goal.

I would like the hon. member to tell me why she thinks we have not shown leadership and not chosen to support the convention.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:55 p.m.


See context

Conservative

The Speaker Conservative Andrew Scheer

The hon. member for Québec has only 30 seconds.

Prohibiting Cluster Munitions ActGovernment Orders

June 11th, 2013 / 8:55 p.m.


See context

NDP

Annick Papillon NDP Québec, QC

Mr. Speaker, I will try to be brief.

I agree with my colleague. It is odd because, with respect to this bill, all the opposition parties disagree with the Conservative government and think it is simply going the wrong way.

The Conservative government should listen in committee. It should listen to the experts who are saying that it did not consider certain things, and that we should ratify the convention properly.

When other countries such as Australia and New Zealand tell us things are not right, I think we should listen to that wake-up call.

Still, I know the government has other things to do, such as take care of its scandals.