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Foreign Affairs committee That is certainly my reading, and I believe my colleague's reading as well.
December 3rd, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Thank you. The difficulty with this particular amendment is that it conflates two issues. The eight-year stockpile destruction in the convention speaks to stockpiles held by state's parties, whereas the bill itself deals with possession by individuals. It implements the criminal
December 3rd, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Just to note that the possibility of including specific reference to investment was discussed during the negotiations in Dublin, but agreement was not reached on that particular provision in Dublin so it's not specifically contained in the convention, which is one of the reasons
December 3rd, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee I would have to take advice on that from the Privy Council Office itself, but our understanding is not dissimilar to yours. But since I'm bearing witness here, I certainly wouldn't want to swear an oath to that fact. Thank you.
December 3rd, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Generally, that would be correct. I'm not speaking for all civil law jurisdictions. But for those that take the monist approach to international treaties, that would be correct. The entire treaty, including article 21, would become part of domestic law in such systems. Germany, f
November 19th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee That would be correct, yes.
November 19th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee The basic answer is yes, there could be a prosecution. The provisions in Bill C-6 on the prohibitions are very wide and they include the entire range of Canadian law on aiding and abetting. For example, if you have a military expert who recommends the use of an airstrike, that co
November 19th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Let me respond as well. Many civil law jurisdictions do not require specific implementation of a treaty or a treaty's provision into domestic law. The treaty becomes part of domestic law through the act of ratification. In other words, you will not see any legislation from certa
November 19th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee I may be a technical expert, but I'm certainly not claiming to be a technical expert in the legislation of other states. It is my understanding that no states would permit the use of cluster munitions, no.
November 19th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Well, bureaucratic requirements on contracting have been imposed, and those take their time, but we are moving as quickly as we can toward the destruction of these munitions.
November 7th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Essentially, the law on conflict distinguishes between the means and methods of warfare. Obviously, my colleague from the judge advocate general's office would be more qualified to comment on that than I am, but discriminate use is legitimate use targeting a valid, legitimate mil
November 7th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Yes. I have a list of countries that manufacture cluster munitions: Brazil, China, Egypt, Greece, India, Iran, Israel, North Korea, South Korea, Pakistan, Poland, Romania, Russia, Singapore, Slovakia, Turkey, and the United States. I haven't done a side-by-side reading to determ
November 7th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Yes. There are 17 of them.
November 7th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Yes. For example, the advocacy on behalf of the implementation ratification of the convention and the reduction or elimination of use of the munitions, that was done through diplomatic channels. We provide programming—Ms. Brown, to your question—that allows states to destroy thei
November 7th, 2013Committee meeting
Sabine Nolke
Foreign Affairs committee Before I give the floor to my colleague from the Department of Justice, I will comment on the note you made, Madam Laverdière, on the role of article 1 versus the remainder of the convention. Yes, the first article of a convention tends to set out the scope of the convention, b
November 7th, 2013Committee meeting
Sabine Nolke