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 actions. This decision, made public on Monday, underscores Ottawa’s determination to hold Moscow accountable for the extensive damage inflicted during its full-scale invasion of Ukraine, which commenced in February 2022.
A Pioneering Commitment
The convention was signed by Canada’s Foreign Affairs Minister, Anita Anand, in Brussels, marking a historic moment in international relations. Under this agreement, Canadians, as well as Ukrainian nationals residing in Canada and Canadian businesses impacted by the conflict, will be eligible to submit claims for compensation. The initiative is designed to create the International Claims Commission for Ukraine, which will evaluate claims and determine the reparations owed by Russia for the devastation caused by its military actions.
This signing follows a conference in The Hague last December, where 35 European nations and the European Union also endorsed the convention. The initiative is part of a three-phase compensation programme orchestrated by the Council of Europe, a human rights body comprising 46 member states. The first phase, a Register of Damage for Ukraine, has already amassed over 150,000 claims, while the third phase, which will create a compensation fund, is still pending establishment.
The Road Ahead
While Canada has signed the convention, it must now ratify the agreement for full membership. The commission will not begin its functions until at least 25 countries have ratified the convention and adequate funding has been secured. To date, only a handful of nations have completed this process. The Netherlands has been designated as the host country for the commission, as announced by its foreign minister in December.
The ramifications of Russia’s invasion have been catastrophic, with the United Nations reporting over 15,000 civilian deaths and more than 41,000 injuries. Millions have been displaced, and vast amounts of civilian infrastructure have been damaged or destroyed. The World Bank estimates that the cost of rebuilding Ukraine could reach a staggering US$588 billion over the next decade.
Canada’s Financial Measures
In light of the conflict, Canada has taken proactive measures to target Russian assets. The previous government under Justin Trudeau established legislation that empowers Canada to seize assets belonging to foreign nationals frozen under sanctions. Since the onset of the conflict in 2022, the RCMP has reported freezing over $185 million in assets linked to Russia. This includes significant Russian state holdings, predominantly believed to be located in Europe.
A Senate bill currently progressing through Parliament, Bill S-214, aims to bolster Canada’s legal frameworks by granting explicit authority to confiscate foreign state assets. This legislation would enable Ottawa to bypass the immunity typically afforded to foreign entities, allowing for the targeting of Kremlin assets in pursuit of rectifying international injustices. According to international affairs expert Fen Hampson from Carleton University, any funds confiscated from Russian assets in Canada would likely be directed towards the International Claims Commission for Ukraine.
Diverging from US Policy
Canada’s decision to sign this convention also serves to differentiate its foreign policy from that of the United States, which has not yet endorsed the claims commission. The Trump administration had previously pursued direct diplomatic channels aimed at resolving the conflict, a strategy that has raised concerns among Ukrainian and European officials regarding potential concessions to Russian aggression.
Why it Matters
Canada’s commitment to the International Claims Commission for Ukraine highlights the nation’s resolve to uphold international law and support Ukraine in its quest for accountability and reconstruction. As the war continues to wreak havoc on Ukrainian society and infrastructure, this initiative not only provides a pathway for compensation but also reinforces the message that nations can and should hold aggressors accountable. With the potential for significant reparations sourced from frozen Russian assets, Canada’s actions could play a pivotal role in shaping the post-war landscape in Ukraine, offering hope for recovery and justice in the face of adversity.
