In a significant move on the international stage, Canada has become the first nation beyond Europe to sign a convention aimed at establishing a commission for adjudicating compensation claims against Russia for its ongoing military aggression in Ukraine. The announcement, made on Monday, underscores Ottawa’s commitment to holding Moscow accountable for the devastation wrought by its full-scale invasion, which commenced in February 2022.
A New Framework for Accountability
Foreign Affairs Minister Anita Anand formalised Canada’s commitment by signing the convention in Brussels. This initiative will pave the way for the International Claims Commission for Ukraine, a body that will evaluate claims and determine compensation owed by Russia for the extensive damage, loss, and injuries inflicted during the conflict. Canadians, as well as Ukrainians residing in Canada and Canadian businesses that have experienced losses in Ukraine, will be eligible to file claims under this framework.
The convention, which has already garnered the support of 35 European nations and the European Union, is part of a three-tiered compensation strategy developed by the Council of Europe. The first phase, known as the Register of Damage for Ukraine, has reportedly compiled over 150,000 claims. The final component—a compensation fund designed to disburse payments determined by the commission—is still in the works, with frozen Russian assets likely to serve as its funding source.
Ratification and Operational Challenges Ahead
While Canada’s signing of the convention is a pivotal step, the government must now ratify the agreement before full membership is achieved. The commission itself is contingent upon the ratification by at least 25 countries and the securing of adequate funding. To date, only a handful of nations have completed this process. The Netherlands is set to host the commission, as confirmed by its foreign minister last December.
The humanitarian toll of Russia’s war on Ukraine has been staggering. According to a February report from the UN Human Rights Monitoring Mission, over 15,000 civilians have lost their lives, and more than 41,000 have been injured. The conflict has also resulted in the displacement of millions and the widespread destruction of civilian property and infrastructure. The World Bank has estimated that the cost of rebuilding Ukraine over the next decade will reach an eye-watering US$588 billion.
Legislative Moves to Enhance Canada’s Role
Canada’s proactive stance follows legislative measures implemented during Justin Trudeau’s administration, which enabled the government to confiscate the assets of foreign entities under sanctions. This mechanism has been employed to target assets linked to Russian billionaire Roman Abramovich, among others, with the intent of redirecting funds to Ukraine. The Royal Canadian Mounted Police (RCMP) reports that over $185 million in assets have been frozen in Canada since the onset of the war, although the specifics regarding the proportion of these assets that are state-owned remain unclear.
To further bolster its capacity to act, a Senate bill—Bill S-214—currently progressing through Parliament seeks to grant Ottawa explicit authority to confiscate foreign state assets. Should this legislation pass, the government would be able to override the traditional immunity afforded to foreign states under Canadian law, enabling it to pursue Kremlin assets directly in pursuit of justice for Ukraine.
A Diverging Path in Foreign Policy
Canada’s decision to sign the convention also highlights a strategic divergence from U.S. foreign policy. The Biden administration has yet to endorse the claims commission, opting for a diplomatic approach aimed at negotiating peace. This has raised concerns among Ukrainian and European officials, who fear that such diplomacy may inadvertently reward Russian aggression.
Professor Fen Hampson, an expert in international affairs at Carleton University, believes that Canada’s actions signal a commitment to justice for Ukraine. He stated, “All the pieces of the jigsaw are falling into place,” suggesting a coherent strategy aimed at leveraging frozen assets to support the International Claims Commission for Ukraine.
Why it Matters
Canada’s signing of this convention not only reinforces its commitment to supporting Ukraine but also positions it as a leader in the international community advocating for accountability in the face of aggression. The establishment of the International Claims Commission for Ukraine represents a critical step toward ensuring that the devastating consequences of war are acknowledged and addressed. As the conflict continues, the implications of this initiative could resonate far beyond the borders of Canada and Ukraine, influencing global norms regarding state accountability in times of conflict.
