In a significant move reflecting its commitment to justice for Ukraine, Canada has become the first nation outside Europe to sign a convention aimed at establishing a commission to adjudicate compensation claims against Russia for its ongoing military aggression. This landmark decision, announced by Prime Minister Mark Carney’s government, will enable Canadians—including Ukrainians residing in Canada and Canadian businesses affected by the war—to seek redress for their losses.
Signing the Convention in Brussels
On Monday, Foreign Affairs Minister Anita Anand formalised Canada’s commitment by signing the convention in Brussels. This agreement intends to create the International Claims Commission for Ukraine, a body tasked with evaluating claims and determining compensation owed by Russia for damages resulting from its full-scale invasion of Ukraine, which commenced in February 2022.
As it stands, claims can be filed by individuals and corporations affected by the conflict, increasing the scope of accountability that Canada seeks to impose on Moscow. The convention was first introduced at a conference in The Hague last December, where it garnered support from 35 European nations and the European Union.
A Three-Part Compensation Framework
The convention is part of a broader, three-part strategy devised under the auspices of the Council of Europe, a 46-nation organisation dedicated to upholding human rights. The first component, known as the Register of Damage for Ukraine, has already recorded over 150,000 claims. The third element, a compensation fund to disburse awards determined by the commission, is still in the works. It is anticipated that frozen Russian assets will serve as the primary source of funding for this initiative.
However, before Canada can fully engage in this process, it must ratify the convention, which will only take effect once at least 25 nations have done so and sufficient funding is secured. Currently, only a few countries have completed this ratification process. The Netherlands has been designated as the host nation for the commission.
Human and Economic Toll of the Conflict
The humanitarian impact of Russia’s assault on Ukraine has been staggering. According to a February report from the UN Human Rights Monitoring Mission, the conflict has resulted in the deaths of over 15,000 civilians and injured more than 41,000, in addition to displacing millions and inflicting extensive damage on civilian infrastructure. The World Bank has estimated that the cost to rebuild Ukraine in the next decade could reach a staggering $588 billion.
In light of these figures, Canada’s proactive stance is both timely and necessary. Previously, under the leadership of former Prime Minister Justin Trudeau, legislation was enacted that enables the government to confiscate assets belonging to foreign entities frozen under sanctions law. This has allowed Canada to target various assets, including those linked to Russian billionaire Roman Abramovich, with the intention of reallocating these funds to support Ukraine.
Legislative Efforts to Enhance Accountability
The Royal Canadian Mounted Police (RCMP) has reported that over $185 million in assets have been frozen in Canada since the onset of the conflict in 2022. However, the exact value of Russian state assets among these holdings remains unclear. Most of the frozen Russian assets outside of Russia are believed to be concentrated in Europe, particularly in Belgium, where the Euroclear securities depository reportedly holds over €200 billion in sanctioned Russian assets.
A Senate bill currently progressing through Parliament aims to bolster Canada’s legal framework by granting the government explicit authority to confiscate foreign state assets. Bill S-214, which has recently passed the Senate foreign affairs committee, would enable Ottawa to circumvent the usual immunity granted to foreign states, thus allowing for a more aggressive approach toward targeting Kremlin assets.
According to Fen Hampson, a noted international affairs professor at Carleton University, any funds confiscated from frozen Russian assets in Canada would likely be directed towards the International Claims Commission for Ukraine. He remarked, “All the pieces of the jigsaw are falling into place.”
Why it Matters
Canada’s decision to sign this convention signals a decisive shift in its foreign policy, setting it apart from the United States, which has yet to endorse the claims commission. While the U.S. has pursued direct diplomatic avenues to resolve the conflict, concerns persist among Ukrainian and European officials that such negotiations might inadvertently reward Russian aggression. By taking this bold step, Canada not only reinforces its support for Ukraine but also asserts its role on the international stage as a leader in advocating for accountability and justice in the face of war crimes.
