In a significant move reflecting its commitment to justice for Ukraine, Canada has become the first nation outside Europe to endorse a convention aimed at establishing a commission for adjudicating compensation claims against Russia for damages incurred during its ongoing military aggression. This decision, announced on Monday, signals a robust stance from Prime Minister Mark Carney’s administration to ensure accountability for the Kremlin’s actions.
Signing of the Convention in Brussels
On Monday, in Brussels, Foreign Affairs Minister Anita Anand officially signed the convention, which aims to set up the International Claims Commission for Ukraine. This body will be responsible for evaluating claims and determining compensation for Canadians, Ukrainian nationals residing in Canada, and Canadian companies that have suffered losses due to the conflict. The commission’s establishment follows a conference in The Hague last December, where 35 European nations and the European Union initially signed the agreement.
The commission will not commence operations until at least 25 countries ratify the convention and secure adequate funding. Currently, a limited number of nations have completed the ratification process. The Netherlands has been designated as the host country for this pivotal commission.
A Comprehensive Compensation Framework
This initiative is part of a broader three-part compensation strategy developed under the auspices of the Council of Europe, a human rights organisation comprising 46 member states. The first component, a Register of Damage for Ukraine, has reportedly received over 150,000 claims to date, highlighting the extensive impact of the conflict. The final aspect—a compensation fund to facilitate actual payouts—is still in the works, with frozen Russian assets likely to provide the necessary resources.
Since the onset of the full-scale invasion in February 2022, Russia’s war has caused devastating human and economic losses. According to a February report by the UN Human Rights Monitoring Mission in Ukraine, more than 15,000 civilians have lost their lives, while over 41,000 have sustained injuries. Furthermore, millions have been displaced, and significant civilian infrastructure has been either damaged or destroyed. The World Bank estimates the cost of rebuilding Ukraine over the next decade to be around US$588 billion.
Strengthening Canada’s Legislative Framework
Canada’s proactive measures to support Ukraine are bolstered by a legislative framework established under former Prime Minister Justin Trudeau’s government, which empowers the confiscation of assets belonging to foreign entities subject to sanctions. Ottawa has already leveraged this power, targeting the holdings of Russian businessman Roman Abramovich, with the intention of redirecting the funds to aid Ukraine.
The Royal Canadian Mounted Police (RCMP) has indicated that over $185 million in assets have been frozen in Canada since 2022 due to sanctions against Russia. While the details regarding the nature of these assets remain unclear, it is believed that a significant portion belongs to the Russian state, particularly held through European financial institutions such as Euroclear, which reportedly holds over €200 billion in sanctioned Russian assets.
In a further move to fortify its position, a Senate bill, S-214, is currently progressing through Parliament. This legislation aims to explicitly grant the Canadian government the authority to confiscate foreign state assets, overriding the immunity typically afforded to foreign nations. Experts suggest that any funds confiscated from Russian assets would likely be channelled to the International Claims Commission for Ukraine, bringing the various elements of Canada’s response to the crisis into clearer alignment.
Distinguishing Canada’s Foreign Policy
Canada’s endorsement of the convention occurs at a time when the Carney government is keen to differentiate its foreign policy stance from that of the United States, which has yet to support the establishment of the claims commission. The previous Trump administration focused on direct diplomatic efforts to resolve the conflict, raising concerns among Ukrainian and European officials about the potential for compromises that may inadvertently reward Russian aggression.
As Canada steps into a leadership role on this issue, it showcases its dedication to upholding international law and seeking justice for the victims of the conflict.
Why it Matters
This landmark decision by Canada to sign the convention not only underscores its commitment to supporting Ukraine but also sets a precedent for international accountability in the face of aggression. As the situation evolves, Canada’s actions may inspire other nations to follow suit, potentially leading to a more unified global response against violations of international law. By establishing a clear mechanism for compensation, Canada is taking a decisive stand that could influence the trajectory of international relations and the principles of justice in wartime.
