Thank you.
Just for the record, this is pertaining to NDP‑6. We have pulled NDP-4 and NDP-5.
I will start again, if that's okay, Mr. Chair. This is talking about ensuring that Canada adheres to the conventions that are before us. Back in 2013, the NDP and the Liberals fought very hard to have section 11 of Canada's cluster munitions legislation fixed. Paul Dewar, the NDP foreign affairs critic at the time, said, “[W]hen we sign international agreements, it's important that we live up to our signature. It's important that the legislation we adopt does not undermine the treaty we negotiated and signed on to and accepted.”
This amendment, NDP‑6, is the exact same amendment that Liberal Marc Garneau introduced to the foreign affairs committee in 2013, when they were considering the prohibition of cluster munitions act. Of course, Marc Garneau, as you know, served in Canada's armed forces. He was a strong opponent of section 11 in Canada's legislation, as was Bob Rae. In fact, all Liberals at the time, including Mr. Trudeau, Ms. Freeland, Mr. Dion and Mr. McKay, were strong opponents of section 11.
We've taken the exact same language here that the Liberals put forward then, and importantly, this is also the same language that you will find in Canada's legislation on landmines, which we can all agree sets an important precedent. I think we can all agree that under no circumstances should any Canadian ever order the use of or even transport cluster munitions.
This amendment would allow Canadians to participate in joint operations with non-party states.
Here's what Mr. Garneau said back in 2013.
We in the Liberal Party have stated that our preferred policy would be for Canada to insist that cluster bombs not be used at all in multinational operations that Canada is a participant in. But we accept the fact that the Canadian Forces may end up working with other countries that do use cluster munitions. In these cases, we believe the appropriate policy is to inform our allies that Canada will not participate in the use of cluster munitions, while simultaneously protecting our soldiers. We understand the need to protect our soldiers from legal prosecution for working with other countries.
The words “active assistance”, we believe, accomplish this...by making it clear that the Canadian Forces cannot knowingly or intentionally assist in the use of cluster munitions. But they are protected from prosecution should they unknowingly or unintentionally assist in the use of these munitions.
Further on, Mr. Garneau also said:
We don't want Canadians to use these cluster munitions, but we do want to protect them in combined operations with countries that may use them.
As New Democrats at this table here today, we believe that fixing this loophole in the act would finally make Canada's legislation consistent with the convention and with the opinions of over 100 other countries, including many of our NATO allies, as we've heard clearly from witnesses.
In 2013 and 2014, the Liberals argued strongly to fix section 11. Marc Garneau wrote an op-ed in The Globe and Mail that it needed to be fixed. Bob Rae gave strong speeches in the House against it, and at the third reading, in 2014, the Liberals voted against the unamended bill, then Bill C-6, with Justin Trudeau, Chrystia Freeland, Marc Garneau, Stéphane Dion, John McKay and other Liberals all voting against this. The objections were over this exact clause.
This is the first opportunity in nine years to fix this legislation. As we heard from Ambassador Rae, he has not changed his position that this clause is wrong. Many Liberals, I think, would feel the same.
Every expert witness who testified to this wants to see this fixed—Earl Turcotte, who negotiated the treaty for Canada; Alex Neve; Farida Deif.
Cluster munitions are banned for a reason. The humanitarian impacts of cluster munitions are horrendous. Canadians should not use them.
Our committee can make this choice today and fix the problem that could have been fixed nine years ago.
Thank you.