Prohibiting Cluster Munitions Act

An Act to implement the Convention on Cluster Munitions

This bill is from 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 has also written a full legislative summary of the bill.

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.

Similar bills

S-10 (41st Parliament, 1st session) Prohibiting Cluster Munitions Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-6s:

C-6 (2021) Law Appropriation Act No. 4, 2021-22
C-6 (2020) An Act to amend the Criminal Code (conversion therapy)
C-6 (2020) An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94)
C-6 (2016) Law An Act to amend the Citizenship Act and to make consequential amendments to another Act
C-6 (2011) Law Restoring Mail Delivery for Canadians Act
C-6 (2010) Law Appropriation Act No. 5, 2009-2010

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.

The House proceeded to the consideration of Bill C-6, An Act to implement the Convention on Cluster Munitions, as reported (with amendment) from the committee.

Speaker's RulingProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

The Acting Speaker Barry Devolin

There are three motions in amendment standing on the notice paper for the report stage of Bill C-6. Motions Nos. 1 to 3 will be grouped for debate and voted upon according to the voting pattern available at the table.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

moved:

That Bill C-6 be amended by deleting the short title.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

(seconded by the hon. member for Ottawa Centre) moved:

That Bill C-6 be amended by deleting Clause 4.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:35 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

moved:

That Bill C-6 be amended by deleting Clause 11.

Mr. Speaker, I rise tonight to speak to our amendments to Bill C-6.

We have debated this bill before. In fact, we had an iteration of the bill from the Senate before, in which we had concerns at the time of where the bill was originating from. I will not go over that tonight.

Bill C-6 is a very important piece of legislation. Sadly, it took the government quite a while to bring in legislation for the cluster munitions treaty.

Perhaps I will start by going over the treaty itself. The convention was built upon the Ottawa treaty, which was very successful, and we are all very proud of it. That was the Ottawa land mines treaty convention. It was built upon that treaty to rid the world of these horrific weapons: cluster munitions. It was signed by 118 countries, which is significant as that is more than three-quarters of the member states of the UN, with 84 countries ratifying it. In fact, in terms of the process, there were negotiations, and the Dublin process and Oslo process followed it. What we ended up with was a convention that was important for the whole issue of disarmament and to rid the world of these horrific munitions.

I think everyone is aware of what land mines are, but what is so horrific about cluster munitions is that they are very difficult to source. They fall from the sky and are particularly vicious in the sense that they are often misunderstood by those in war zones as being toys. These bombs are as small as a D battery. These bomblets are dropped from the sky and explode across the terrain. They are very difficult to discover and, of course, to clean up. The damage caused from them has been horrific in conflicts right across the world. They have maimed and killed children and adults. People have wanted to rid the world of these munitions for a very long time.

It is important to note that at times the world has come together to focus on disarmament. I mentioned the Ottawa treaty, which was to work to rid the world of land mines. That has been successful, but more work needs to be done. However, this is on cluster munitions, which is something that people have worked on for quite a while.

I have two testimonies to give members an idea of the cluster munition.

The first is from Remzi Mehmeti from South Serbia. Remzi's 15-year-old son was walking home with his three friends and picked up two unexploded cluster bomblets. His son died and his friends were injured.

This testimony is from Mai Chi, who is a demining expert in Vietnam.

I saw the pliers and a pair of broken sunglasses that the children had used to tamper with the submunition, in an attempt to get scrap metal to sell for cash...

By the way, this is a typical kind of work for children in developing countries.

The quote goes on with:

I saw a pair of torn sandals, a hole on the floor and the ball bearings from the submunition.

I walked closer to the bed in the centre of the house. Someone pulled the blanket up, revealing two dead bodies. Legs and hands were smashed and blown away.

What a terrifying scene. I closed my eyes, feeling breathless and ran out. People were crying louder and louder.

These children had taken scrap metal, brought it home and did what they usually did with scrap metal, which was pull it apart. In doing so, they had no idea they were pulling apart a cluster munition. It blew up and killed them both. This is why we have to get rid of cluster munitions.

I am saddened to say that we have tried to work with the government. We have made propositions. We have brought amendments tonight to change the implementation of this treaty. As members know, when a state signs a treaty, that is the first step. It is to say that the treaty is here and we will sign it. For instance, I was encouraging the government today to sign the Arms Trade Treaty. As was mentioned by a colleague in the House, we have not done so, along with other countries like Russia, Syria, and other countries that are the usual suspects in not signing these treaties.

Once the treaty is signed, it has to be implemented, and that takes legislation. This bill has been pilloried by many experts and those who strongly believe in the whole idea of banning the world of cluster munitions. The reason is clause 11 primarily, but also other sections. Clause 11 allows Canadian Forces to be in theatre when cluster munitions are used. That goes against what we did in the land mines treaty wherein, if we were in theatre with any country that had not signed on to the Ottawa treaty, we would not be in joint operations with them while they were using those particular armaments. This bill has a void in it, a loophole, which basically says that we can be in theatre where one of our allies is using these munitions. This is not acceptable.

I will read clause 11 into the record, but I will omit the first part of the paragraph. It allows “Canada and a state that is not a party to the Convention” to direct or authorize “an activity that may involve the use, acquisition, possession, import or export of a cluster munition”.

What that does is basically work against the whole notion and spirit of the convention. I have gone over this with the Minister of Foreign Affairs. I have talked to the government on many occasions. Clause 11 works against the spirit and the notion of the convention. What we are saying to the government in these amendments is that if it is interested in taking a leadership role when it comes to cluster munitions, then it has to have the legislation that lives up to that. What the treaty asks of the member states who sign it is to basically get rid any stockpiles they have and not to use them if there is an occasion when there are cluster munitions in theatre. It is fine for us to say that we do not have any or that we will get rid of them, but it is another thing to say that we will not use them.

It is not just the NDP saying this. Let me quote from some of the people who are critical of this legislation, to the point where they are saying that we must vote against this legislation because it undermines the treaty.

For instance, the Red Cross, which never speaks out on legislation, feels strongly about this issue. The Canadian Red Cross and the International Red Cross have said that clause 11 would:

...permit activities that undermine the object and purpose of the [cluster munitions treaty] and ultimately contribute to the continued use of cluster munitions rather than bringing about their elimination.

The Red Cross is saying that clause 11 would permit activities that could undermine the object and purpose of the treaty.

Former Australian prime minister Malcolm Fraser said the following at committee:

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.

This is important to note, because former prime minister Malcolm Fraser is an expert not only on cluster munitions but on disarmament. He knows what he speaks of.

Therefore, our amendments are to try to fix this bill so that we can be proud of our signature on the treaty. Sadly, what the Conservatives have done is give us a treaty that undermines their reputation and their signature, and we believe it is not adequate.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:45 p.m.

Liberal

Scott Simms Liberal Bonavista—Gander—Grand Falls—Windsor, NL

Mr. Speaker, I commend my colleague on his speech. He has done a lot of work on this issue. I would just very briefly ask him about the fact that when it comes to clause 11, we are not following the spirit of what was done with the former treaty when we talked about land mines. Could he comment and further expand on that?

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:45 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, my colleague from Newfoundland is absolutely right. As I said in my speech, what we had with the Ottawa treaty and the implementation of that treaty was clear definition around interoperability: we would not use or be in theatre when land mines were being used by any of our allies. This undermines that.

If I may just read into the record, Paul Hannon, the executive director of Mines Action Canada, said:

Canada should have the best domestic legislation in the world. We need to make it clear that no Canadian will ever be involved with a weapon again but from our reading this legislation falls well short of those standards.

Again, this is one particular section of the bill that really undermines the spirit of the convention and goes in the opposite direction of what we did with the Ottawa protocol and the Ottawa land mines treaty.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:45 p.m.

NDP

François Choquette NDP Drummond, QC

Mr. Speaker, I thank the hon. member for his excellent speech. He did a fine job explaining how the Act to implement the Convention on Cluster Munitions is seriously flawed.

We are in the process of distorting the Convention on Cluster Munitions when, as my honourable colleague explained so well, it is a convention that urgently needs to be signed. A total of 113 countries have already signed it and 84 countries have ratified it, while Canada is lagging behind on this international issue. This is not the first time under the Conservative government that Canada has been lagging behind at the international level when it should be leading by example. In that respect, the passage of this bill as it is currently worded would be a major step back in terms of the Convention on Cluster Munitions.

I would like my colleague to speak to the importance of adopting the amendments we are proposing so that we can resume our role as a leader in international affairs, including in this area.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:50 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, my colleague raises a good point.

I will read into the record what was said by Earl Turcotte, one of the former negotiators for DFAIT on this treaty. He left because he saw what was happening. He said the following:

...the proposed legislation is the worst of any country that has ratified or acceded to the convention, to date.

It fails to fulfill Canada's obligations under international humanitarian law; it fails to protect vulnerable civilians in war-ravaged countries around the world; it betrays the trust of sister states who negotiated this treaty in good faith, and it fails Canadians who expect far better from our nation.

This is one of the people who helped negotiate the treaty on our behalf. I should note, which I did not mention in my comments and is also important to note, that these munitions disproportionately affect civilians. More than 90% of the people who are affected by these horrific Denel munitions are civilians. This is something we need to take seriously. We have to get it right, and that is why we are proposing the amendments to the legislation: to get it right.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 9:50 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I wish to begin my remarks by expressing my deep gratitude to the hon. member for Ottawa Centre, both for his championing of this issue and for his generosity in seconding my amendment this evening, so that I can explain the reasons that the Green Party is so very disappointed with what is before us here in Bill C-6.

We had a chance to get it right. We had a chance to stand with the community of nations and fulfill the promise of the treaty to ban cluster munitions. As my hon. colleague has mentioned, Canada played a significant role. We got a reputation globally as being willing to step out ahead when there was the Ottawa process to deal with land mines. It is in that vein that we are going to go forward and deal with cluster munitions.

As was just mentioned, it is estimated that between 95% and 98% of the casualties from cluster munitions are civilians. Of that, 40% are children. These are not weapons of war. These are monstrous tools of destruction for the innocent, and Canada should rightly be at the forefront in ensuring that such munitions are never used again.

I want to quote from the treaty, which we have actually signed. We have signed this convention, and the legislation before us is required as a tool to bring that treaty into force for Canada. For ratification we need a domestic law. Unfortunately, this domestic law has tilted in the wrong direction.

Let us just look at the language of the convention. Canada has signed this treaty. As a state party to the convention, we are:

Deeply concerned that civilian populations and individual citizens continue to bear the brunt of armed conflict. Determined [that is a good verb] to put an end for all time to the suffering and casualties caused by cluster munitions at the time of their use, when they fail to function as intended or when they are abandoned.Concerned that cluster munition remnants kill or maim civilians, including women and children....

In this vein, we continue to have the language of commitment, of concern to protect human life from weapons that are designed specifically to destroy human populations, civilian populations, and do damage to the innocent.

The operative section of the convention is very important, and I want to return to it for a few of the things that the bill fails to do. Article 1, the general obligations and scope of application, commits Canada to the following:

1. Each State Party undertakes never under any circumstances to:(a) Use cluster munitions; (b) Develop, produce, otherwise acquire, stockpile, retain or transfer to anyone, directly or indirectly, cluster munitions;

The third part of this important paragraph is really significant. It states:

(c) Assist, encourage or induce anyone to engage in any activity prohibited to a State Party under this Convention.

Those are the key operative phrases. Then we have Bill C-6, which is largely a carve-out that says we were just kidding when we said “never under any circumstances”. We have a bunch of circumstances in which Canadian Armed Forces are going to be working alongside one of our military allies. It is clearly intended. As my hon. friend mentioned, so far the United States has not ratified this treaty, so we know that we might be in a theatre of operations—as we now describe wars—with our allies, namely the United States. They might be using cluster munitions, and we would want to safeguard our ability to work alongside them.

I will acknowledge and I do accept that this is a large and important move for this particular Conservative administration, because it so rarely changes any bill. My hon. friend, who is the parliamentary secretary, moved in committee to remove the opportunity for any Canadian soldier or military operation to actually use the weapons, but the bill still allows us to participate, to be alongside in a shared military operation with an ally that is not a party to this convention.

There was other language put forward in various presentations to the committee that would have protected Canadian operations if they were in such a shared military operation with a non-party state. There was other language that would have worked very well. Human Rights Watch suggested that we could replace clause 11 with the following:

Section 6 does not prohibit a person who is subject to the Code of Service Discipline under any of the paragraphs...[which are referenced] of the National Defence Act or who is an employee as defined...[and this is the operative portion] in the course of military cooperation, our combined military operations involving Canada and a state that is not a party to the Convention, from merely participating in military cooperation or operations with a foreign country that is not a party to the Convention on Cluster Munitions.

That would have vouchsafed. That would have been the protection the Canadian military would have needed for the circumstance for which we have created a far too aggressive exemption in clause 11.

It is a great tragedy that we had one amendment. I have to say that one amendment in the current context of this particular Parliament, coming from the government, is unusual and it was welcomed, but it did not go far enough to rescue this from being, as my hon. friend has said, the weakest of all the implementing legislation of any nation that has so far signed this convention.

It leaves us in a position that is really rather shameful.

I want to return to one of the other areas. I mentioned that in the convention language, we are obligated as a convention party to do nothing to assist or induce anyone to engage in an activity prohibited here.

A great number of nations have, in interpreting that section in which we are prohibited from assisting, interpreted it very clearly to mean that there should be a ban on investment. There should be no investments allowed. In order to comply with this treaty, Canada should ban anyone from investing in any of the operations of any of the providers of cluster munitions.

There is nothing in this legislation that stops companies in Canada or investors in Canada from actually assisting through their financial investments. That is the kind of amendment that should have been included, and it is not here.

I pointed out that the following nations have actually ensured, through legislation, that no investment in cluster munitions be allowed. That is included in legislation from Belgium, Ireland, Italy, Liechtenstein, Luxembourg, the Netherlands, New Zealand, Samoa, and Switzerland.

As an interpretive decision, so too have other nations said that they understand this convention to mean that they must not allow any investment in cluster munitions. In taking the interpretive decision, the U.K. and a larger group of nations, including Germany, Norway, and many others, have decided they cannot understand this convention without understanding that they have to ban investment in cluster munitions.

We have lost the moral high ground here. We are slipping down to where we have signed a convention that says we are completely committed to never, under any circumstance, use or encourage or assist in the spread of these deadly, immoral weapons of assault on civilians. We will never do that, we say, yet somehow, when we read Bill C-6, we feel that we have crossed our fingers behind our backs. We mean “never” most of the time, but sometimes we are going to be in a theatre of war and we do not want to be too bound by our word under the convention to ban cluster munitions.

In this place we still have time to remedy that. The hon. member for Ottawa South has put forward an amendment. The Green Party has put forward an amendment. Should this House assembled decide that Canada can reclaim the moral high ground, we still have time.

We have the moral courage. We are Canadians. We stand for peace. We believe that children should not be blown up because they find a piece of metal and think they can recover that scrap metal to buy their family supper.

We are, by God, Canadians, and we stand for peace, and we stand against war, and we stand against cluster munitions. Bill C-6 says “not really”. Let us amend the bill here and now at third reading and report stage.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 10 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, the global stockpile of cluster munitions and submunitions totals approximately four billion, with a quarter of these in U.S. hands right now. In 2006, 22 Canadian Forces members were killed and 112 were wounded in Afghanistan as a result of land mines, cluster bombs, and other explosive devices. This is a real question for us right now, for reasons I just mentioned, if we do not get this right and we do not implement this treaty. I believe it is not just about this treaty, but it is about a precedent we are setting when it comes to international treaties. I would like her comment on that.

In committee the Conservatives said that it would not happen. They said we would never have a situation in which one of our generals would order one of our Canadian Forces members to go in theatre with a member state that had cluster munitions. However, I do not think that is good enough. It is about the precedents we are setting by undermining the treaty. I would like to hear her comments on that as well.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 10 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, for my hon. friend from Ottawa Centre, I would love to believe that the hypothetical would not arise, but we are living in a time when the basic understanding of how a civilized country behaves seems to be slipping between our fingers.

Our greatest ally and friend is the United States. I have great respect for Barack Obama and I think he is a wonderful and inspiring human being, except he has ordered more unmanned drones to commit illegal murders in other countries than any previous U.S. president. We seem to be taking a very mild approach to the threat of torture. I never thought I would hear a Canadian minister of the crown speak of the possibility that because other things were a bigger threat, the government did not really mind if somebody got information by torture.

There is a lot of moral relativism going on right now in relation to whether we are a civilized country and stand for anything. I believe we are. I believe we always will be. However, this kind of climb down from the treaty commitments that we made, bringing forward legislation that is so weak, indicates that we are prepared to say one thing and do another, because when push comes to shove, we do not stand for anything. I do not think that is what Canadians want to see.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 10:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I have had the opportunity on many occasions to sit down and have discussions with a former minister of foreign affairs, Lloyd Axworthy. Lloyd played a very important role in terms of the land mines deal that ultimately demonstrated that Canada, if it did it right, could play a very strong leadership role on issues of this nature.

Could the leader of the Green Party provide some comment on the leadership role Canada could play if it chose to do so? What I reflect on is the land mine treaty deal in which Canada did play a critical role, and that is why we are where we are today with the land mines.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 10:05 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, this is one of the lines of our former minister of foreign affairs Lloyd Axworthy to whom the member refers. He used to say that we punched above our weight. We really do. We are a relatively small population of the globe, a relatively small economy, yet Canadian leadership has accomplished so much historically. That is not a small thing.

Going back further, before he was prime minister the former minister of foreign affairs, Lester B. Pearson, resolved the Suez Crisis in such a way that he won the Nobel Peace Prize. In that exercise, he created the concept of having a peacekeeping force. It is not for nothing. It has been Canadian leadership in drafting the UN charter, the UN Declaration on Human Rights, the Law of the Sea.

If we look around the world at some of the fundamental documents that speak to multilateralism and improving the life of a community of nations through a system of rules and respect, we see that Canadian leadership has always been there. Now we are losing ground. We are losing our global reputation. I see it every time I go to a climate negotiation. It breaks my heart when people look at our accreditation and say, “Oh you're Canadian. Why do you people even bother coming anymore?”

We need to reclaim that global leadership. If we accept the amendments before us, we can begin to rebuild that reputation.

Motions in AmendmentProhibiting Cluster Munitions ActGovernment Orders

May 29th, 2014 / 10:05 p.m.

Calgary East Alberta

Conservative

Deepak Obhrai ConservativeParliamentary Secretary to the Minister of Foreign Affairs and for International Human Rights

Mr. Speaker, Canada has long recognized that explosive remnants of war, such as cluster munitions, have a devastating humanitarian impact on individuals and communities. Not only does their presence hinder the development of communities by rendering the land or infrastructure inaccessible, but they are often found by children who are attracted by their bright colours and not aware of the deadly danger they pose. Even when they do not kill, cluster munitions have caused horrific injuries that seriously jeopardize the future of those affected and their families.

Canada has long been committed to protecting civilians against the indiscriminate effects of explosive remnants of war. As such, Canada actively participated in the effort to rid the world of these weapons and signed the resulting Convention on Cluster Munitions in 2008.

The proposed prohibiting cluster munitions act reflects the negotiated compromise that was achieved in the Convention on Cluster Munitions. The government believes that the convention strikes the right balance between humanitarian considerations and the need for states parties to protect their legitimate security and defence interests, which in Canada's case includes the need to interact militarily with other countries, including the United States, our closest military ally.

In these circumstances, Canada maintained this fine balance to preserve indispensable military co-operation while, at the same time, renouncing cluster munitions ourselves and furthering the broader goal of a global ban. Security requires military capacity, but it also requires respect for national differences. We will engage in advocacy, but, ultimately, we must respect the sovereign choices of our allies just as we expect them to respect our own choices.

Canada is not alone in the position we are taking. Other countries also seek an end to the use of cluster munitions and want to join the convention, but need to maintain military co-operation so as to safeguard their security. That is why convention negotiations reached the compromise contained in article 21 of the treaty, which allows states parties to conduct military co-operation and operations with states not party. This article and its application are important for the universalization of the treaty and the norms it establishes. Article 21 makes possible a larger membership in the convention, which, in turn, will generate greater momentum toward the eventual complete elimination of cluster munitions.

The implementing legislation we are debating today, if enacted, would allow Canada to ratify and fully implement its obligations under the convention. It would allow us to do this without refusing to co-operate with our closest friends and allies and without sacrificing our own security interests. Ridding the world of cluster munitions is a policy that everyone can agree on and I hope that all members will join us in supporting it.

The convention prohibits Canada from engaging in activities that would involve cluster munitions, subject to exceptions for military co-operation and other permitted activities, such as research for defence and clearance purposes. That is a legal obligation on Canada, which we take on when we ratify and which does not require legislation. What the proposed legislation before us does is extend a parallel set of prohibitions and limitations into Canadian domestic law.

The convention prohibits Canada from the use, development, making, acquisition, possession, foreign movement, import and export of cluster munitions and the bill before us today would create parallel offences for people subject to Canadian law. The bill would also extend the criminal prohibitions on aiding, abetting, counselling and attempting or conspiring to commit a prohibited activity. These provisions are important as a means of ensuring that nobody in Canada can take any role in any prohibited activity, even if the actual activity happens in another country which has not made it illegal.

The language of the bill does not copy exactly the language of the convention. Instead, the bill has been drafted in a form that ensures that Canadian courts will apply the offences in a manner consistent with international obligations on Canada itself. For example, the offence of possession includes not only what the convention calls stockpiling, but also the possession of even a single munition or submunition.

Hon. members should take note that the offences delineated in the bill are broad and exclusions from them are narrow. They have been strictly limited so they can only apply to persons who are engaged in activities related to military co-operation and operations involving the government, only when the activity in question is part of a permitted form of military co-operation and only when the other country involved is not a party to the convention. This is very important because it means that the other countries gradually accede to the convention and denounce these munitions, the legal exclusions permitted by the bill become progressively narrower.

The offences and exclusions also reflect the fact that the Canadian Armed Forces, which are now of the Canadian state and therefore fully subject to the treaty, cannot use cluster munitions. To give added assurances, the government agreed to amend the bill to prohibit the direct use of cluster munitions by Canadian Armed Forces personnel when on exchange or secondment with states not party to the convention. This amendment would ensure what the Government had intended all along, and which a Canadian Armed Forces order will reinforce, that members of the Canadian Armed Forces will never directly use cluster munitions at any time, even when they are on exchange with a non-state party's military unit.

If the Canadian Armed Forces are in exclusive control of the choice of munitions to be used, they are also prohibited from even requesting their use. However, if the choice of munitions used is under the control of another country, then the personnel involved will not be subject to prosecution for doing so. For example, a Canadian soldier who is under fire is allowed to call upon an ally for support and can ask for help even with the knowledge that the ally will or might choose cluster munitions, without any fear of being accused of and prosecuted for this criminal offence.

It is important to highlight that these exceptions apply only to the specific offences established by the bill and not any other crimes against Canadian or international law. Under international law, the indiscriminate or disproportionate use of any weapon is a war crime, whether the weapon is a cluster munition or not, and nothing in the proposed legislation changes this. Other applicable international legal obligations remain fully in force for Canada, as they do for any other states with which we would conduct combined operations.

Once the bill is enacted, Canada will be able to ratify the Convention on Cluster Munitions and take its full place among the states opposed to the use of these weapons. Even prior to the introduction of the bill, we began fulfilling the provisions of the convention. The Department of National Defence took cluster munitions out of active service some time ago. Some have already been destroyed, and the rest are in the process of being destroyed, as required by the Convention.

Furthermore, we are fulfilling our co-operation and assistance obligation on an ongoing basis. Since 2006, Canada has contributed more than $215 million to mine action projects that address the impact of explosive remnants of war, including cluster munitions. With respect to cluster munitions more specifically, Canada has provided funding to Laos and Lebanon for risk education and cluster munitions clearance activities, as well as to Bosnia and Herzegovina, Palau, and South Sudan for clearance activities. In November of last year, the Minister of Foreign Affairs announced $10 million over the next 18 months to continue Canada's proud tradition of support to demining efforts, victim assistance, and risk awareness programs.

These measures taken outside the framework of the bill we are considering today and were taken before we ratify the Convention on Cluster Munitions demonstrates our commitment to the goals of the convention and its full implementation.

In order for this treaty to be effective in the long run, it will be important for as many countries as possible to sign on to it. Ideally, if all countries were to join the treaty, cluster munitions could be completely eliminated around the world. Unfortunately, in the short term that is not likely to happen. Indeed, some countries will need a lot of encouragement to join. It is therefore important for countries like Canada, as well as those friends and allies who share our belief in the goals of this treaty, to encourage those countries that have not yet done so to sign and ratify this treaty as soon as possible. We are working hard to do so.

I hope that all members of the House share with me the hope that Canada will ratify this treaty soon. I therefore urge all members of the House to support this bill.