Mr. Speaker, it is my pleasure to rise tonight to begin debate on the second reading of Bill S-10, the prohibiting cluster munitions act.

Canada has long recognized that explosive remnants of war, such as those caused by cluster munitions, are a serious humanitarian concern. They maim and kill innocent civilians around the world. They have a detrimental economic impact, and they hinder access to essential infrastructure.

Deployed from the air or ground, some types of cluster munitions can release dozens, or even hundreds, of smaller submunitions, which can cover a large area quickly. These munitions can have indiscriminate effects, particularly, when they fail to detonate as intended, often causing widespread harm to innocent civilians, especially in heavily populated areas. They can harm and kill innocent civilians, even long after the conflict has ended. Unfortunately, many of these victims are children.

Canada has long played a leading international role in the protection of civilians from the use of conventional weapons that are prone to indiscriminate effects because we have seen the devastating impacts of that use.

Since 2006, our government has contributed to more than 250 projects in this global effort, making us one of the world's top contributors.

More recently, in February of this year, the Minister of State of Foreign Affairs, Americas and Consular Affairs, while in Colombia, announced an additional $2.93 million over four years, to assist landmine survivors, including children and youth, with their recovery and reintegration into society.

I can assure all hon. members that we remain deeply committed to this cause and continue to evaluate possible landmine action projects that will deliver tangible results.

I would now like to address Bill S-10, which I believe would fully implement our legislative requirements under the Convention on Cluster Munitions. Canada was a key participant throughout the negotiations of the convention. We are proud to have been among its first 94 signatories in December 2008.

From the beginning, Canada's goal was to strike a balance between a commitment to the elimination of cluster munitions and effective, legitimate and important security considerations. Bill S-10 would do just that.

During negotiations, we committed to the eventual elimination of these weapons, but we also had to recognize the reality that not all countries were participating in the negotiations or were ready to commit to a convention. A compromise was needed to allow countries that wanted to renounce cluster munitions and ratify the convention to be able to engage in military co-operation and operations with countries that intended to retain these weapons for the time being.

The compromise that was reached set out that these military activities would be permitted on the basis that the state parties would engage in diplomatic advocacy to urge non-state parties to reconsider. That compromise, found in article 21, was critical to allowing Canada and its allies to join the convention. Canada had a clear mandate in negotiations. We have always been open and transparent in exactly what we wanted to accomplish. It is important to note that this was not just the Canadian position but was shared by other countries. The provision of article 21 was necessary to bring others on board.

Bill S-10, when enacted, would prohibit the use, development, making, acquisition, possession, movement, import, and export of cluster munitions. It would also prohibit the stockpiling of cluster munitions in Canada, through the proposed offence of possession. This offence would cover any form of possession, including stockpiling, and would easily be enforced and, if necessary, prosecuted in Canada's criminal justice system.

Bill S-10 would also prohibit anyone from aiding or abetting another person in the commission of a prohibited activity. This would capture a number of potential cross-border scenarios where people or organizations subject to Canadian law engage in activities that are prohibited by the convention. It would also ensure that those who are subject to Canadian law could be prosecuted for the offences in Canada.

For example, the convention does not require state bodies to criminalize investment. However, liability for aiding and abetting, as set out in the bill, would include investment scenarios in which there is sufficient intention and connection between the investment and the prohibited activity to meet Canadian charter and criminal law requirements.

We recognize that one of the most discussed aspects of the convention relates to article 29, which specifically allows state parties to engage in military co-operation and operations with states that are not party without breaching their obligations. As the convention allows this, the proposed legislation also contains exceptions that would allow Canada to engage in combined military operations and co-operation with states that are not party to the convention. Bill S-10 would preserve Canada's ability to work alongside our allies, and it would provide Canadian Forces members and civilians with them assurances that they would not face criminal liability when doing their jobs.

For Canada, military co-operation and operations with other states that currently do not intend to ratify the convention, such as the United States, are of central importance to our security and defence policy. Again, it is vital that our men and women in uniform are not unjustly accused of criminal conduct and are in no way compromised in doing their jobs or what we ask of them in the interest of national security and defence.

Even in the context of military co-operation, the convention reiterates that state parties shall not engage in specified activities that are fully within their control. Under Bill S-10, Canadian Armed Forces members would be prohibited from using cluster munitions in their operations. They would not be able to request their use if the choice of munitions was under exclusive Canadian control, even in the context of joint military operations. In addition, and going beyond what is required by the convention, as a matter of policy, the Canadian Forces would prohibit personnel on exchange, secondment or attachment with allied forces from themselves using cluster munitions and from training and instructing in the direct use of cluster munitions. The Canadian Forces would also prohibit, as a matter of policy, the transportation of any cluster munitions aboard Canadian assets.

As the prohibiting cluster munitions act makes its way through the legislative process, our government has already taken concrete steps to fulfill its commitment under the Convention on Cluster Munitions. The Canadian Armed Forces has removed its remaining stockpiles of cluster munitions from active service and has already begun the process of destroying them. We are confident that the destruction will be completed within the timeframe required by the convention. It is important to note that Canada has never produced or used cluster munitions in its operations.

We are already active in promoting the universalization and implementation of the convention with international partners, and we will continue doing so. As I have previously stated, our government is among the top international donors for addressing the impact of the explosive remnants of war, including cluster munitions.

Knowing the humanitarian devastation caused by the explosive remnants of war, Canada is fully committed to the goals of the Convention on Cluster Munitions and to implementing our requirements under the convention. We are proud to have tabled this legislation, and we are particularly proud of the important role played in Canada to get us here today. It is my hope that all parties will recognize the essential balance between legitimate security and humanitarian concerns and will fully support Bill S-10.

I was just listening to the House leader talking about being very much concerned about our party, and comparing us to the Liberal Party on the other side. However, I want to say that he was in this House and the New Democrats were there as well.

Just because they have moved over here, it does not mean they have suddenly become more concerned about the running of this operation. Let me be very blunt and very clear. This government is committed to working for Canadians to ensure an economic environment, and that is the creation of jobs. Our budget implementation act is there to ensure that our country meets the obligations of ensuring that its citizens have jobs, the ability to educate their children and to have a life that is decent.

Under the New Democrats, if given to them, we would be in very big trouble, in a total economic disaster. It is for that reason they lost the election in British Columbia, because British Columbia was not willing to accept the NDP doctrine of stopping economic progress. They should learn from that instead of giving us lectures about how to run the country.

This government is extremely focused on where we are headed. I want to thank the hon. member, but we will not take his advice.

Deepak Obhrai

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