Mr. Speaker, when I rise to debate this issue of the cruise missiles I find myself in some senses caught in a historical time warp. The cruise missiles almost never existed. They were discussed during the Nixon-Brezhnev Moscow exchanges in 1972. You will find them covered in detail in the Vladivostok summit discussions between President Ford and Mr. Brezhnev in 1974. They are included in the unratified SALT II treaty which, signed by the United States and the then Soviet Union, has probably entered into customary international law, even though not ratified.
I mention the almost or what might have been simply because the proposal then was to trade the cruise missile in which the Americans had advanced testing skills, against the Soviet Backfire bomber in which the Soviets had a considerable advance over comparable American weapons. In fact modifications were made on both sides and under the SALT II treaty the cruise missiles were limited to missiles not having a range in excess of 600 kilometres and launched from land-based and sea-based launch devices.
The issue came as you may remember, before the Supreme Court of Canada in 1985. The Supreme Court ruled in essence though on procedural grounds rather than substantive grounds that cruise missile testing was not unconstitutional. It is back again now and it comes against a backdrop of Canada's achievement as a world leader in disarmament. There has been a move since World War II when the use of nuclear weapons clearly was not illegal, was licit under the rules then existing to a situation where to a very large extent many jurors feel that the use of nuclear weapons is unconstitutional.
There is a law case that is sought to be raised by a group of American lawyers, graduates of President Clinton's law school, testing this issue before the World Court and the Canadian government, I believe the previous government, was asked if it would intervene in the case if it should develop.
I am mentioning simply the background, which is the world movement for the progressive development of international law achieved through UN general assembly declarations in which Canada led through a series of multilateral conventions such as the Moscow test ban treaty, the non-proliferation treaty and the moon treaty and outer space treaty which Canada contributed to signally, as well as a series of bilateral treaties between the United States and the then Soviet Union. SALT I is one of these, of course, but most recently there was the intermediate range nuclear forces agreement of 1987 between President Reagan and Secretary Gorbachev.
It reached the stage where, in a work published in 1989 by me and my distinguished friend the then president of the World Court, Nagendra Singh, we posed the question whether the user of nuclear weapons was illegal per se. That is an issue that may come before the World Court shortly.
This is simply a preface to the fact that the present American President has made massive steps since his election to fill in the uncompleted gaps in the outlawing of nuclear weapons. He is moving to extend the IMF treaty to short range nuclear weapons and to the intercontinental ones which are only covered to a certain extent laterally by SALT I and its interim agreement on protocols limiting the numbers of strategic warheads. President Clinton is a man of peace and committed to nuclear disarmament.
This brings me to the present issue that nuclear warheads are not involved in the testing of the cruise missiles in Canada's northern territories. Clearly there is no violation of international law involved.
The issues of political choice and wisdom are what is involved here. I hesitate to draw on my experience as a 19-year old airman and flyer. I have always understood that the tests were authorized in Canada simply because we replicated the northern approaches to the then Soviet city of Leningrad. I have flown over these northern approaches from Archangel to Leningrad in a civilian capacity. The comparison to northern Canada is very close.
However, that is all gone. The cold war is gone. What we have is an agreement entered into in good faith with a friend and ally whose fulfilment is being asked by that friend and ally at this stage. There is a case, the strongest of cases, for observing agreements if one has entered into them: pacta sunt servanda.
On that basis, unless there were an issue of violation of international law or some other high policy reason, I would say one should observe international agreements. I would hope that our government will speak to President Clinton, would encourage him in his move towards completing nuclear disarmament and raise the questions about whether the tests are necessary.
I would warn against any temptation to a unilateral repudiation of an engagement made because it invites unilateral reactions of the same nature. There are American senators who wish to make changes in American law to cut down on obligations that the United States and Canada have entered into in trade and other matters. Retaliation in these sorts of unilateral actions is something one has to bear in mind.
There is a case for the Canadian government to speak candidly to its friend, the United States, and say: "Do you really need these? We will go along nevertheless in good faith if you do".
I am persuaded by two further arguments. One is the dependence, the settled expectations, of communities in the north that have built local economies and local employment on the continuance of these testings. There is a concept of due process that settled expectations should not suddenly be displaced unless there is a good reason to the contrary. I do take note of the economic interests and concerns of people in those northern regions who are represented by some of the members opposite.
I also take note of the views of our colleague, the member for Western Arctic, whose views as published I have read. It is clear that there objections by native communities to these tests and on the usque ad coelum principle. To translate simply, if they own part of the terrain below then they own the air space above. To that extent the tests, as an unnatural user without the prior courtesy of asking permission, are something to be avoided at all costs.
I would suggest strongly that if the tests continue the Canadian government should consider asking the United States to provide compensation for the infringement of the property rights of the native people through whose territory it passes. I understand the objections of the native people. It may not have been relevant in 1983 but the juridical conscience of the
Canadian people and others has evolved and I think we should be respectful of property rights of this sort.
My message is very clear on this. We are committed. It has been one of the main points in Canadian foreign policy formed by a succession of Canadian foreign ministers and distinguished ambassadors for disarmament. I recall General Burns, Doug Roche from the Conservative side and Alan Beesley, my friend who is a career civil servant. We led in nuclear disarmament. We should lead. We should encourage the American president who has a forward looking and constructive view there.
On the cruise missile test, I do not think it is a major issue. For nuclear disarmament groups I would recommend attention to the potential World Court project launched by the Ileana group. I would recommend attention to the concerns of our native peoples and on that basis I am prepared to continue to support the continuance of the missile tests at this time.