S-10

Details

Full Title

An Act to implement the Convention on Cluster Munitions

First Reading

April 25, 2012, Parliament 41, Session 1

Type

Senate Government Bill

Full Content

https://www.parl.ca/legisinfo/en/bill/41-1/s-10

Summary

Bill S-10, also known as the Prohibiting Cluster Munitions Act, aims to put into action Canada's promises under the Convention on Cluster Munitions. The main goal is to stop the use, development, production, and transfer of cluster munitions, explosive submunitions, and explosive bomblets. This is to help protect people from the harm these weapons can cause.

The bill makes it illegal for anyone in Canada to use, develop, make, get, or have cluster munitions. It also stops the import or export of these weapons. There are rules against helping others to do these things as well. People who break these rules could face fines or jail time.

However, the bill allows some exceptions. For example, certain ministers can allow the use of cluster munitions for training, finding, clearing, or destroying them. The military can also use them in certain situations when working with other countries that have not signed the Convention. These exceptions are in place to make sure Canada can still work with its allies and protect its own security.

The bill also talks about how to handle cluster munitions that are found. It says that the military or police can take these weapons to a safe place. A judge can order that they be kept there if they are needed for a trial. When the weapons are no longer needed, they must be destroyed safely. The Minister of Foreign Affairs will update the schedule to incorporate any amendment to the Convention as soon as feasible after the amendment takes effect for Canada.

Issues

Environment

• Environmental Protection

  This bill contributes to environmental protection by mandating the safe destruction of cluster munitions and explosive submunitions. It also addresses the cleanup of areas contaminated by cluster munition remnants.

Security and Defense

• Crime

  This bill addresses public safety by prohibiting certain activities related to cluster munitions, explosive submunitions, and explosive bomblets. It establishes offenses and penalties for contraventions of the Act, including fines and imprisonment.

• Gun Control

  This bill can be considered a form of gun control, as it restricts and prohibits the use, development, production, acquisition, possession, import, and export of cluster munitions and related explosive devices.

• Defense

  This bill affects defense policy by outlining the circumstances under which Canadian military personnel can engage in activities related to cluster munitions, particularly when working with allied nations that are not party to the Convention on Cluster Munitions. It also allows for the retention and acquisition of a limited number of cluster munitions for training in detection, clearance, and destruction techniques.

• Foreign Aid

  The Convention on Cluster Munitions, which this bill implements, includes provisions for international cooperation and assistance. States Parties are encouraged to provide technical, material, and financial assistance to other States Parties affected by cluster munitions for victim assistance, clearance, and stockpile destruction.