In a significant move on Monday, Canada has made history as the first nation outside Europe to endorse a convention that will establish a commission dedicated to adjudicating compensation claims against Russia for its ongoing aggression in Ukraine. This commitment underscores Ottawa’s resolve to hold Moscow accountable for the military offensive that began in February 2022.
The Convention and Its Implications
Foreign Affairs Minister Anita Anand formalised Canada’s participation by signing the convention in Brussels. This landmark agreement will facilitate the creation of the International Claims Commission for Ukraine, which will be responsible for evaluating claims and determining compensation owed by Russia for the extensive damage, loss, and injuries inflicted during the conflict.
The convention is significant for several reasons. It allows Canadians, as well as Ukrainians residing in Canada, to submit claims for losses incurred due to the war. The move not only amplifies support for Ukraine but also aligns Canada with a broader international effort to seek justice and reparations for the devastation caused by the conflict.
A Collaborative European Effort
The convention was initially signed by 35 European nations and the European Union during a conference in The Hague last December. It represents the second phase of a comprehensive three-part compensation strategy developed by the Council of Europe, a collective of 46 countries committed to protecting human rights. The first phase, known as the Register of Damage for Ukraine, has reportedly amassed over 150,000 claims. The final piece of the plan—a compensation fund to dispense payments determined by the commission—remains to be established, with frozen Russian assets expected to be a primary source of funding.
However, Canada must still ratify the convention, and the commission cannot commence operations until at least 25 countries have done so and adequate funding is secured. To date, only a small number of nations have ratified the agreement, with the Netherlands designated as the commission’s future headquarters.
The Human Cost of the Conflict
The war has had a catastrophic impact on Ukraine, with the United Nations Human Rights Monitoring Mission reporting over 15,000 civilian deaths and more than 41,000 injuries. Millions have been displaced, and countless residential and public properties have been damaged or destroyed. According to estimates from the World Bank and other organisations, the reconstruction of Ukraine could cost upwards of US$588 billion over the next decade.
In response to this humanitarian crisis, the Carney government has pledged $270 million in military assistance to Ukraine amid ongoing European summits aimed at reinforcing support for the war-torn nation.
Strengthening Asset Confiscation Measures
In a parallel effort, Canada has also enacted legislation under the Trudeau administration that empowers the government to confiscate assets owned by foreign entities that are frozen under sanctions. This legislative framework has already been employed to target the assets of individuals linked to Russian oligarch Roman Abramovich, with the intention of redirecting the funds to support Ukraine.
The Royal Canadian Mounted Police (RCMP) has reported that over $185 million in assets have been frozen since the onset of the war, although the exact proportion of these that belong to Russian state entities remains undisclosed. The majority of Russian assets frozen globally are believed to be held in Europe, particularly within the Euroclear securities depository, which is estimated to manage over €200 billion of sanctioned Russian assets, a significant portion of which comprises reserves from the Central Bank of Russia.
Legislative Developments on Asset Confiscation
To further bolster Canada’s ability to address issues of international accountability, a Senate bill is currently progressing through Parliament. Bill S-214 would expand Ottawa’s authority to confiscate foreign state assets, allowing the government to bypass the immunity typically granted to foreign entities under Canadian law. This legislation could enable Canada to target Kremlin assets directly in a bid to rectify international injustices.
According to Fen Hampson, a professor of international affairs at Carleton University, any funds that Canada confiscates from these frozen Russian assets would likely be directed to the International Claims Commission for Ukraine. “All the pieces of the jigsaw are falling into place,” he noted, highlighting the growing synergy between Canada’s policy initiatives and international efforts to secure accountability for the war.
Why it Matters
Canada’s decision to sign this convention is not merely a symbolic gesture; it represents a pivotal shift in the country’s foreign policy, setting it apart from the United States, which has yet to endorse the claims commission. As Ottawa takes a more proactive stance in supporting Ukraine, it sends a clear message to Moscow about the consequences of its actions. This commitment to accountability and justice not only reinforces Canada’s role as a global leader in human rights but also serves as a rallying cry for other nations to join in the pursuit of reparations for the victims of this brutal conflict.
