In a significant move signalling its unwavering support for Ukraine, Canada has made history by becoming the first country outside Europe to sign a convention aimed at establishing a commission to adjudicate compensation claims against Russia for its ongoing military aggression. Prime Minister Mark Carney’s administration emphasised that this action underscores Canada’s commitment to holding Russia accountable for the devastation wrought by its invasion of Ukraine.
A Historic Step in Brussels
On Monday, Foreign Affairs Minister Anita Anand officially signed the convention in Brussels, setting the stage for the creation of the International Claims Commission for Ukraine. This body will be responsible for evaluating claims and determining compensation owed by Russia for the widespread damage, loss, and suffering caused since the onset of its full-scale assault on Ukraine in February 2022. The convention opens doors not only for Canadians but also for Ukrainians living in Canada and Canadian businesses that have incurred losses due to the conflict.
The initiative marks a pivotal step in international efforts to address the consequences of the war. Previously, in December, 35 European countries and the European Union endorsed the convention at a conference in The Hague, illustrating a broad consensus on the need for accountability. This convention is part of a comprehensive three-part plan developed under the auspices of the Council of Europe, which includes a Register of Damage that has reportedly received more than 150,000 claims to date.
The Path Forward: Ratification and Funding Challenges
Before Canada can fully engage with the commission, it must ratify the convention, a process that is yet to unfold. The commission itself cannot commence operations until at least 25 countries have ratified the agreement and secured sufficient funding. Currently, only a handful of nations have completed this step, posing a potential delay in the commission’s establishment. The Netherlands has been designated as the host country for the commission.
The financial implications of Russia’s war on Ukraine are staggering. In a report from February, the UN Human Rights Monitoring Mission in Ukraine highlighted that over 15,000 civilians have lost their lives, with more than 41,000 injured. The conflict has displaced millions and wreaked havoc on infrastructure and civilian properties. The World Bank estimates that the cost of rebuilding Ukraine over the next decade could reach a staggering US$588 billion.
Strengthening Canada’s Legal Framework
In a move aimed at enhancing Canada’s legal capacity to address the ramifications of the war, a Senate bill is currently progressing through Parliament. Bill S-214 seeks to empower the Canadian government to confiscate foreign state assets, thereby circumventing the immunity typically granted to foreign states under Canadian law. If passed, this legislation would enable Ottawa to target Russian assets to fulfil international obligations of justice.
Fen Hampson, an international affairs professor at Carleton University, noted that any funds confiscated from frozen Russian assets in Canada could likely be directed to the International Claims Commission for Ukraine. “All the pieces of the jigsaw are falling into place,” he remarked, indicating a well-coordinated strategy by the Canadian government.
The Royal Canadian Mounted Police (RCMP) has reported that since 2022, assets totalling over $185 million have been frozen in Canada as part of sanctions against Russia. While the RCMP has not disclosed the exact portion of these assets that belong to the Russian state, it is believed that a significant amount of frozen Russian assets resides in Europe, particularly with the Belgian securities depository Euroclear, which reportedly holds over €200 billion in sanctioned Russian assets.
Diverging Paths: Canada vs. the US
Canada’s decision to endorse the convention comes at a time when the Carney government is keen to carve a distinct foreign policy path, particularly in comparison to the United States. The Trump administration previously opted for direct diplomatic engagements aimed at resolving the conflict, a strategy that has raised concerns among Ukrainian and European officials about potentially rewarding Russian aggression.
As Canada steps forward to take a leading role in holding Russia accountable, it signals to its allies and adversaries alike that it is committed to upholding international law and ensuring that justice is served for the victims of the war.
Why it Matters
Canada’s signing of this convention is a landmark moment in the global response to the Ukrainian crisis. It not only reinforces the country’s commitment to supporting Ukraine but also sets a precedent for accountability in international conflicts. By taking this decisive action, Canada is positioning itself as a leader in the international community’s efforts to address war crimes and promote justice, potentially influencing other nations to follow suit. As the world watches, this initiative could pave the way for more robust mechanisms of accountability in future conflicts, ensuring that aggressors are held responsible for their actions.
