In a significant move, Canada has become the first non-European nation to endorse a convention aimed at establishing a commission to adjudicate compensation claims against Russia for its invasion of Ukraine. This decision, announced on Monday, underscores Ottawa’s commitment to ensuring accountability for the ongoing conflict, which has been devastating for both Ukraine and its allies.
Signing of the Convention
In a ceremony held in Brussels, Foreign Affairs Minister Anita Anand formally signed the convention, which seeks to create the International Claims Commission for Ukraine. This body will be responsible for evaluating claims and determining compensation for damages, losses, or injuries incurred as a result of Russia’s full-scale military offensive that began in February 2022. Canadian citizens, Ukrainian nationals residing in Canada, and Canadian businesses that have suffered losses in Ukraine will all be eligible to submit claims.
The convention was previously signed by 35 European countries and the European Union during a conference in The Hague in December 2022. It represents the second part of a three-phase compensation strategy developed under the auspices of the Council of Europe, a 46-nation human rights organisation. The first phase, known as the Register of Damage for Ukraine, has reportedly gathered over 150,000 claims. However, the third phase—a compensation fund to facilitate payments—has yet to be created, with frozen Russian assets seen as the most likely source of funding.
Ratification and Operational Challenges
Before Canada can fully participate, the convention must be ratified by Parliament. The commission cannot commence operations until at least 25 countries have ratified the agreement and adequate funding is secured. To date, only a handful of nations have completed this process. The Netherlands has been designated as the location for the commission, as announced by its foreign minister in December.
The ongoing war has inflicted severe humanitarian costs, with the United Nations Human Rights Monitoring Mission in Ukraine reporting over 15,000 civilian deaths and more than 41,000 injuries. Millions have been displaced, and extensive damage has been done to civilian infrastructure. A February report estimated the long-term rebuilding costs for Ukraine could reach a staggering US$588 billion.
Canada’s Legislative Moves
To bolster its position, Canada has passed legislation enabling the confiscation of assets belonging to foreign entities under sanctions. This legislative framework has allowed Ottawa to target the assets of various individuals, including those linked to Russian oligarch Roman Abramovich, with the aim of reallocating those funds to support Ukraine.
The Royal Canadian Mounted Police (RCMP) reported that since 2022, over $185 million in assets have been frozen as part of the sanctions against Russia, though it has not disclosed the amount related specifically to Russian state assets. Most of the frozen Russian assets outside of Russia are believed to be held in Europe, particularly in the Belgian securities depository Euroclear, which reportedly manages over €200 billion of sanctioned Russian assets.
A Senate bill currently progressing through Parliament, known as Bill S-214, seeks to enhance Canada’s ability to confiscate foreign state assets. This proposed legislation would allow Ottawa to bypass the legal immunities typically afforded to foreign states, enabling the government to pursue Kremlin assets in the name of rectifying international injustices. Experts believe that any funds recovered from Russian assets could be directed towards the International Claims Commission for Ukraine.
A Divergent Path from the United States
Canada’s commitment to signing the convention comes as the Carney administration aims to differentiate its foreign policy from that of the United States, which has not extended backing for the claims commission. The previous Trump administration had focused on direct diplomatic efforts to broker peace, raising concerns among Ukrainian and European officials about possible concessions to Russian aggression.
Why it Matters
Canada’s endorsement of the convention signifies a pivotal moment in international efforts to address the consequences of Russia’s invasion of Ukraine. By establishing a clear mechanism for compensation, Canada not only reinforces its solidarity with Ukraine but also sets a precedent for other nations to follow. As the humanitarian crisis deepens and the costs of rebuilding escalate, this initiative could play a crucial role in shaping the post-war landscape and ensuring that those responsible for the devastation bear their share of accountability.
