Mr. Speaker, I am pleased to rise to contribute to the debate on Bill C-6, the prohibiting cluster munitions act, specifically clause 11.
In my previous life, I was very familiar with cluster munitions because it was my job. They used to form part of our war stock of weapons on the CF-104 and later on the CF-18. I instructed others on their tactical application of weapons effects, which were horrific. We never dropped the actual weapons, even in training, due to the residual hazard, and thank God we never had to drop them in wartime, but we were trained and prepared to do so. That was then.
Members of this House are well aware of the nature of cluster munitions and the kind of harm they can cause. We all know that they have terrible effects and that any unexploded remnants are a long-term threat to civilians seeking to rebuild their community after a conflict has ended.
These cluster bombs, as has been pointed out, can contain hundreds of small bomblets that are designed to cover a large area. The problem is, there is always a dud rate, or some number of bomblets that do not detonate on impact but remain armed and deadly. Sometimes they are harvested intentionally, and very carefully, and used in the production of improvised explosive devices. More often, they are simply left lying around for an unsuspecting person to accidentally detonate them, with catastrophic results.
As Canadians, we should all be committed to ridding the world of these weapons. As parliamentarians, we should all be committed to ensuring that the Convention on Cluster Munitions is fully implemented as a step towards that ultimate goal. Bill C-6 was drafted carefully to reflect this commitment and to give effect to those obligations required by the convention within domestic Canadian legislation.
Bill C-6 would allow us to implement the convention while at the same time meet our broader defence needs. It would allow us to remain a strong and reliable ally and continue to contribute meaningfully on the international stage, both as a contributor and participant in joint and combined military operations, in the interest of international peace and security, and as a participant in the effort to rid the world of cluster munitions and their explosive remnants.
While Canada is ready to join the convention and renounce the direct use of cluster munitions, not all countries share our approach and may not join the convention any time soon. Some of them, of course, are NATO allies, countries with whom we would likely enter into combined military operations in the foreseeable future.
All members of this House understand that Canada and the United States are close allies and that the Canadian Armed Forces have a long-standing tradition and practice of close co-operation with our American counterparts. This co-operation has been good for both countries, and it is important and necessary for our common security interests. It has also been in the interest of peace and security at the global level. We co-operate in training, we exchange personnel so that each of us can understand how the other's military forces are organized and commanded, and we co-operate in actual military operations.
The convention would require Canada itself not to make, possess, or directly use cluster munitions and to prosecute and punish Canadians who do. However, it would also allow us to continue to co-operate with our allies.
I believe that Canadian international security interests require that we continue to co-operate as closely in the future as we have in the past with our allies. I believe that the convention and this bill strike the right balance in this regard.
Clause 11 of Bill C-6 contains exclusions to the bill's prohibitions in order to provide legal protection to the Canadian Armed Forces and government employees, allowing them to perform a range of activities during military co-operation and operations that are undertaken with states that have not joined the convention. This is specifically permitted by article 21 of the convention.
Article 21 was purposefully included in the text at the request of a number of countries, including Canada. We are not alone in advocating for military co-operation. A number of other countries have had legitimate military interoperability concerns and shared Canada's concerns that it was necessary to preserve the ability of countries that were ratified to co-operate with countries that might choose not to ratify.
In Bill C-6, and in our defence and security policies, Canada is applying the provisions of the convention as negotiated and drafted. The government has always been clear about what these provisions require and transparent about how it intended to implement them.
Article 21 does not allow Canada itself to use, develop, produce, acquire, stockpile, or transfer cluster munitions or to expressly request their use when the choice of munitions used is within its exclusive control. All of these activities would be made offences in Canada. It would only allow individuals who participate in permitted forums of military co-operation involving Canada to do so without risk of criminal prosecution.
As the government has made clear, Canadian Armed Forces personnel would not be permitted to use cluster munitions, including when they are involved in military operations with allied forces or when deployed to allied military units. We have numerous Canadians on exchange with particularly American, but other NATO allies as well.
Bill C-6, as amended by the committee, would prohibit the direct use of cluster munitions by Canadian Armed Forces personnel in all circumstances. During committee hearings, we heard that the Chief of the Defence Staff has issued an interim directive prohibiting the use of these weapons in any Canadian Armed Forces operations and that another directive will be issued reflecting all of the requirements of Bill C-6, as ultimately adopted by Parliament, in addition to further restrictions relating to training and transport going beyond the requirements of the convention.
We were also told that all of these restrictions would be incorporated in the Canadian Armed Forces rules of engagement and would typically be communicated to allies when Canada enters into military co-operation activity with them, as one method of informing our allies of our obligations under the convention. They would be implemented at such time as the bill receives royal assent and would be legally binding for Canadian Armed Forces members under the military justice system.
The convention and Bill C-6 allow Canadian Armed Forces members to continue to ask for potentially life-saving military assistance from our allies, be they parties to the convention or not, without fear of being disciplined or put on trial for the policy decisions of these other states.
The amendment proposed by the hon. member opposite would remove the exclusion for Canadian Armed Forces personnel. This would have the effect not only of compromising Canadian security, but also of potentially subjecting our own soldiers to prosecution for activities that are not actually prohibited by the treaty itself.
Members of the Canadian Armed Forces have volunteered to serve their country and they have joined an honourable profession in which the directions of the organizations and the orders of commanding officers have the force of law. We have an obligation to ensure that companies and individuals in Canada do not have or use cluster munitions, but we need not, and we should not, enact criminal offences that could subject our own soldiers to liability for engaging in activities that the convention permits and that are essential to our own security and their safety.
Agreeing to renounce and dispose of our own duster munitions sends a strong signal as to where Canada stands on this important issue, but so does the message that we respect the decisions of our friends and allies and that we will stand with them in the defence of international security come what may. We have carefully considered the balance between security and disarmament, both in the long process of negotiating the convention and in our own review of the proposed implementing legislation.
We all agree that the ultimate goal is to eliminate cluster munitions from armed conflict. The best way to do that is for Canada to ratify the convention.
My hon. colleague from the NDP quoted Paul Hannon, Executive Director at Mines Action Canada. I will also quote Mr. Hannon. He said that the government's decision to remove the one word, “using”, was significant.
That was referred to by my colleague across the way as well. Mr. Hannon went on to say:
We were surprised to get any amendment and surprised that was the amendment we got. If they were only going to delete one word, “using” was the most important one.
It clarifies the fact that Canadian forces themselves can never use clusters, but it also means it will be more difficult for other countries to use them in joint ops when Canadians are involved.
We can interpret what other people say any way we like, I guess, but there seem to be at least some folks who are agreeing that what we are doing may not be what they would desire in their perfect world. However we are not operating in anybody's perfect world. Canada has gone a long way in this regard, as my colleague the parliamentary secretary for the minister of foreign affairs said. He talked about the mine clearing operations and so on. I have been to Afghanistan many times, and I have talked to the folks who are doing the mine clearing over there. They do tremendous work. This is an area that will take continued effort. It will go on for years and years. Yes, they are a terrible hazard and they do wreak terrible destruction, not just at the time of use.
I am not sure. I am having it checked, but I do not believe that the U.S. used any cluster munitions in their operations in Afghanistan. There were no Canadians killed by cluster munitions in Afghanistan, none. IEDs and so on are another issue.
The best way we can move forward on this is for Canada to ratify the convention with the measures of Bill C-6. I hope that members will look carefully at all the elements of the bill and will join me in supporting it.