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.