US embassy cable - 05OTTAWA970

UNCLAS OTTAWA 000970 
 
SIPDIS 
 
SENSITIVE 
 
DEPT. FOR L/LEI AND NP/RA 
PASS TO USDOJ/RAABE AND USCG/LCDR KIESERMAN 
 
E.O. 12958: N/A 
TAGS: KNNP, MNUC, PARM, PREL, KTIA, PHSA, EWWT, PGOV, CA 
SUBJECT: CANADA ON SUPPORT FOR EXISTING DRAFT SHIP BOARDING 
AMENDMENTS TO SUA CONVENTION 
 
REF: A) OTTAWA 943 B) STATE 55182 
 
SENSITIVE BUT UNCLASSIFIED.  FOR INTERNAL USG USE.  HANDLE 
ACCORDINGLY. 
 
1. (U) Polmiloff discussed reftel B points with Catherine 
Boucher, in the UN, Criminal and Treaty Law Division (JLA) at 
Foreign Affairs Canada late on March 31.  Boucher prefaced 
her comments by noting that Canada-U.S. consultations on this 
matter are on-going.  In this regard, collaboration has been 
excellent, she said. 
 
2. (SBU) Regarding demarche points, Boucher said that the 
Canadian government was still working through elements of the 
draft text internally.  While the GOC readily could support 
"most of the text," potential concerns had been raised about 
the adequacy (or lack) of a domestic legal structure to 
address claims/compensation and drug-related interventions. 
Boucher stressed that Canada would rather not reopen 
provisions of Draft Article 8bis given the "difficulties of 
negotiations" at the IMO.  But the government also wanted to 
avoid having to pass new legislation at this time.  (NOTE: 
Though Boucher did not elaborate, we believe that the 
"minority" status in Parliament of the Martin government is a 
factor in this.  The parliamentary minority has created a 
highly-charged political environment that makes it difficult 
for the Liberals to advance their legislative agenda.  The 
government is focused on avoiding a no-confidence vote that 
would force elections before the Liberals have greater 
assurance of winning a majority.  END NOTE.). Boucher said 
she would welcome the opportunity to learn from members of 
the U.S. delegation what provisions/ measures exist in U.S. 
law to cover claims and drug-related ship boardings. 
 
Visit Canada's Classified Web Site at 
http://www.state.sgov.gov/p/wha/ottawa 
 
DICKSON