An Act to amend the Chemical Weapons Convention Implementation Act

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Status

Second reading (House), as of Feb. 25, 2021
(This bill did not become law.)

Summary

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

This enactment amends the Chemical Weapons Convention Implementation Act by deleting the schedule to that Act and the references to that schedule in that Act, in order to avoid potential discrepancies between the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, as amended from time to time, and the portions of that Convention that are reproduced in that schedule.

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.

Chemical Weapons Convention Implementation ActGovernment Orders

December 15th, 2023 / 10:35 a.m.
See context

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Madam Speaker, it is likely this will be the last time I rise this year, so I wish you a Merry Christmas, as well as all other members of this place and those who support the work we do here, including the parliamentary pages, the desk officers, the Sergeant-at-Arms, the Parliamentary Protective Service and everyone else who helps us do our work on behalf of Canadians. All the best to everyone.

We are on the last day of this session, and the government has called Bill S-9, an act to amend the Chemical Weapons Convention Implementation Act. As I said earlier in debate, I support the bill, as I understand all of my Conservative colleagues do. It is a very important bill and one that needs to get done.

I must take a moment and register my disappointment that the government chooses to accuse the Conservatives of delay anytime we debate a bill. The parliamentary secretary delivered his remarks, and I am going to deliver mine. There may be other members of the House who want to deliver remarks on the bill. That is the process of debate and that is what we are elected here to do.

Debating a bill is not obstructing a bill, particularly when it is one that members have not yet had an opportunity to weigh in on. I agree that the bill is important and should pass expeditiously, but I will not be told by members of the government and its parliamentary secretaries not to speak because it is our job or duty to just let every bill collapse and go straight to a vote without debate. We are going to have debate on the bill, and I hope that all members will in fact support the bill, as I do.

Bill S-9 would ensure that Canadian law becomes properly aligned with the Chemical Weapons Convention. The convention was the world's first multilateral disarmament agreement to eliminate weapons of mass destruction such as toxic chemicals, poison and biological weapons. The convention was open for signature in Paris on January 13, 1993. Under the Mulroney government, Canada was among the first countries to sign it, and it came into effect on April 29, 1997. Canada's Chemical Weapons Convention Implementation Act is a Chrétien-era law that implements Canada's obligations under this convention as one of its original signatories.

Bill S-9 is identical in purpose to two bills introduced in the previous Parliament. It was introduced originally as Bill C-9 by the former minister of foreign affairs in the first session of the 43rd Parliament, and was reintroduced as Bill S-2 by Senator Marc Gold in the second session of the 43rd Parliament. Neither of these bills made it through the 43rd Parliament, and to be clear, it was not because of Conservative opposition to them or any procedural wrangling of the Conservative caucus. Bill C-9 was a casualty of the current government's decision to prorogue the House in the summer of 2020 amid the WE Charity scandal. Bill S-2 was a casualty of the current government's decision to call a snap election in the summer of 2021. Now here we are today on the third attempt to get this legislation through Parliament to update Canadian law and ensure that Canadian law aligns with the Chemical Weapons Convention.

Bill S-9 was introduced in the Senate by the government's representative in the Senate, Marc Gold. I thank him for introducing the bill. He did so on June 2, 2022, about a year and a half ago. The bill would make several amendments to the Chemical Weapons Convention Implementation Act to ensure that the act is consistent with the convention.

Currently, the schedule of the Canadian act does not reflect the Chemical Weapons Convention's latest listing of chemical weapons, which came into effect in June 2020, three and a half years ago. The latest listing of the convention includes additional toxic chemicals under schedule 1, which now includes novichok-style agents. Novichok is a comprehensive label. It encompasses various groups of nerve agents that originated during the Cold War era in the Soviet Union as a part of its chemical weapons program. Future listings of chemicals under the Chemical Weapons Convention are expected to take place from time to time as technology evolves and toxic chemicals and their precursors change and require the list in the convention to be updated.

That is why this bill is important. It is going to ensure that future legislation is not required to update the list of chemicals regulated in Canada under the Chemical Weapons Convention Implementation Act. This bill would delete the schedule in the Canadian act and replace it with reference to the Chemical Weapons Convention, so that for items listed in the Chemical Weapons Convention, Canadian law will automatically align with changes that are expected to happen from time to time under the convention. To be more precise, Bill S-9 states:

This enactment amends the Chemical Weapons Convention Implementation Act by deleting the schedule to that Act and the references to that schedule in that Act, in order to avoid potential discrepancies between the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, as amended from time to time, and the portions of that Convention that are reproduced in that schedule.

The Chemical Weapons Convention and the Chemical Weapons Convention Implementation Act are very important, and here is why. Eight years ago, in 2015, Emilian Gebrev was poisoned in Bulgaria by novichok, which, again, is a Soviet era military-grade nerve agent. Five years ago, in 2018, a former Russian spy, Sergei Skripal, and his daughter were poisoned in the United Kingdom using a novichok nerve agent. That was by foreign agents working for the Russian Federation who carried out those attempted assassinations on foreign soil.

As the parliamentary secretary mentioned in his remarks, there is significant danger not only to the victims of Russia's security operations but to random victims as well, because these agents remain in place and any handling of them can result in serious illness or death, as we have seen in the case of the attempts on Sergei Skripal and his daughter's lives. Also, in 2017, Kim Jong Nam, the half-brother of North Korean leader Kim Jong Un, was assassinated with a different nerve agent, but nevertheless an item now covered under the new convention, at the Kuala Lumpur airport in Malaysia. Recently, Russian opposition leader Alexei Navalny was poisoned and placed into an induced coma. Fortunately, he survived.

These events are ongoing, and it is important that Canadian law give us the proper tools to deal with and deter this kind of activity.

Chemical weapons are being used today, and they threaten citizens around the world, including in western countries. The Russian Federation is using novichok. It appears to be one of its weapons of choice for assassinations on foreign soil. It is a lethal nerve agent that even in the smallest quantities can potentially kill thousands of people. It is a threat to the safety and security of western citizens, including Canadians. That is why we must have all tools available to stop the proliferation and use of chemical weapons, including by ensuring that the convention and Canadian law are kept up to date.

Just this year, on July 7, the United States announced that it had in fact destroyed the last of its chemical weapons. This is an important milestone and a testament to the success of the convention. There were 72,304 metric tons of declared chemical weapons destroyed worldwide. However, Russia, having completely destroyed its declared stockpile of chemical weapons, obviously has undeclared stockpiles as well, including novichok, which it uses to target people in western democracies.

Last month, we observed Remembrance Day. Canadians in communities all over Canada joined war veterans to commemorate the sacrifices of members of the Canadian Army, the Royal Canadian Navy and the Royal Canadian Air Force. Remembrance Day was originally called Armistice Day, to commemorate the first anniversary of the armistice. It was commemorated for the first time on that day in 1919 across the British Commonwealth, including in Canada. It marked the agreement that brought an end to the First World War. The occasion of Remembrance Day is an opportunity to reflect on the history of chemical weapons and their use. The First World War has now passed out of living memory, as no one is still alive with a living memory of that time. However, we do remember, and it is important that we do every year, and we recall, as we are debating this update to Canadian law, that during World War I, chemical warfare was employed by all belligerents, including Canada. Germany introduced chlorine gas into the battlefield for the first time during the Second Battle of Ypres. It targeted not only French and Algerian troops but also Canadian troops.

Initially, chemical weapons required very specialized troops for their handling, and relied on things like wind conditions to disperse them across the battlefield. Over time, new delivery systems, including artillery shells and gas projectors, were developed. Unlike chlorine gas, which had a distinctive colour and odour, subsequent gases became colourless and odourless, making their detection much more challenging. In response to these toxic agents, protective measures like gas masks and defensive tools were devised, and by the end of the war, the use of gas had become commonplace, with soldiers routinely donning masks before entering combat. Chemical weapons were used by all belligerents, particularly in the final 100 days of the war. In total, chemical weapons then injured 1.2 million individuals and resulted in 90,000 fatal casualties.

In the lead-up to the Second World War, there was widespread international concern regarding the potential extensive use of chemical weapons. Italy had deployed lethal gas against Abyssinia, and Japan deployed chemical and biological weapons in its invasion of China in 1937 and onward. It is worth noting that in the cases of both the Abyssinian War and the invasion of China, there was a disparity of access to these weapons. Only one side had access to gas, so gas was used by these belligerents.

In the Second World War, both sides possessed chemical weapons but refrained from using them, I guess one could say on an early application of the mutually assured destruction theory; both felt that they had to build up stockpiles, if for no other reason than deterrence. While chemical warfare was not ultimately used during that conflict, the threat of its use on a massive scale remained.

During the 1980s, we saw that Iraq used chemical weapons against Iran and also against its own Kurdish population. Chemical weapons have been used by the Assad regime in Syria, targeting civilians and deliberately killing hundreds of them. We have also seen that Daesh has used chemical weapons in both Syria and Iraq.

There is a long history of failure to ban and control the production and deployment of chemical weapons. Among the earliest examples of attempts to regulate chemical weapons was the Hague convention of 1899, which enacted prohibitions against the use of poisons in warfare and deployment of projectile weapons designed solely for the dissemination of asphyxiating gas. The powers that had ratified the convention then eventually amassed substantial stockpiles of chemical warfare agents and proceeded to use them indiscriminately during the First World War. The Hague convention of 1899 was not effective in preventing their use.

Following the war, the Geneva Protocol of 1925 prohibited the use of chemical weapons, and Canada ratified the protocol but nevertheless actively engaged in research and production of chemical and biological weapons. While there was not widespread use of chemical weapons in the Second World War that followed, the protocol itself did not prevent even countries like Canada that signed it from researching and developing their own chemical weapons capability.

That leads us to the Chemical Weapons Convention that is in force today. The convention includes a verification regime that is administered by the Organisation for the Prohibition of Chemical Weapons, which is based in The Hague. It is important that we keep this convention current and that Canada keep its laws current. The convention has been successful. It does lack in some aspects; it is not perfect, and there have been uses since it came into force. For the most part, the convention does not ban, in its schedules, chemicals that act on the central nervous system; there is currently only one such chemical listed. Biological toxins, which are chemicals produced by animals and nature, and bio-regulators, which are chemicals produced by the human body, are not included in the schedules. These chemicals could be fabricated or exploited for military purposes, so this is something worth exploring during the next review of the convention.

As technology evolves and as new chemicals and chemical weapons emerge, the convention must rely on amendments to capture and prohibit new chemical weapons developments. Bill S-9 represents an opportunity for us to maintain Canada's unwavering commitment to limiting the harm of weapons of mass destruction, nuclear arms and biological weapons. Canada has made significant contributions to the convention by being among its first signatories. Our ongoing involvement is evident as Canada remains a dedicated member of the executive council of the Organisation for the Prohibition of Chemical Weapons, underscoring our ongoing commitment to this vital cause.

I would again like to thank Senator Gold for introducing the bill. My Conservative colleagues and I will support Bill S-9. I do urge its swift adoption in order to fulfill Canada's international obligations. I urge the House to ensure that Canada's own laws remain up to date and consistent not only with those of our allies but also with those among the broader community of nations that strives to suppress the use, proliferation, research and development of chemical weapons.

Since the horrors of the First World War, there has been a near-universal consensus that mass deployment of chemical weapons is barbarically inhumane, even in war. A combination of calculated self-interest over the past several decades, including this agreement, has mostly prevented nations from using them, and the world has not seen the mass-scale deployment of chemical weapons since the First World War. However, we have, sadly, seen numerous smaller-scale examples of the use of chemical weapons, and Russia continues to use them for political assassination in foreign countries. Therefore, modernizing the agreement by deleting the existing schedule of prohibited agents and merely adding reference to the convention itself would ensure that Canada's laws comply with our obligations and that we possess the most current tools for the deterrence and proliferation of chemical weapons.

Chemical Weapons Convention Implementation ActRoutine Proceedings

February 25th, 2021 / 10:15 a.m.
See context

Liberal

Deb Schulte Liberal King—Vaughan, ON

moved that Bill S-2, An Act to amend the Chemical Weapons Convention Implementation Act, be read the first time.

(Motion agreed to and bill read the first time)