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					“Partnering to Build a Resilient Civil Society”


        The Canadian Red Cross Society
        Auxiliary to Government Project
                 Final Report
              September 30, 2008
                                     Acknowledgements
The Canadian Red Cross Society wishes to express its appreciation to Public Safety Canada for
their support of this project, a support that extends beyond the resources provided to conduct
research and hold these consultations.

Sincere thanks to all of those individuals, too numerous to mention both inside and outside the
Canadian Red Cross, who contributed to the project, participated in the meetings and
consultations, and whose wise counsel helped shaped the final report. Special mention must
also be made of those who took the time and effort to prepare submissions and presentations.
They stimulated excellent discussions on the Society’s relationship between governments at all
levels as well as with other stakeholders, all of which resulted in very valuable ideas and policy
suggestions.

The support of Zone volunteers and staff who helped organize and execute the meetings was
essential to the success of the consultations. Many hours were devoted to ensure a meaningful
process. The leadership and support of Zone General Managers were indispensable: John
Byrne (Atlantic), Claude Tremblay (Ontario), Leslie Dunning (Western) and Conrad Sauvé in
his role as the Quebec Zone General Manager and since March 2008 as the Society’s Secretary
General. I also wish to thank Kathryn Howard, a Visiting Fellow from the Federal
government, who was very helpful in the consultation phase. Very special thanks to MP Nancy
Karetak-Lindell and her staff for their assistance in organizing the meeting in Iqaluit.

In all, 22 consultations were held across Canada and two meetings were held in Geneva and
Washington. Thanks are extended to Geoff Loane, ICRC Head of Delegation in Washington;
Lucy Lindale-Brown from the American Red Cross; Michael Meyer from the British Red
Cross; Baptiste Rolle and Stéphane Hankins, Legal Advisors at ICRC Geneva; and Carine
Layoun, Legal Advisor at the International Federation Secretariat also in Geneva.

At the Canadian Red Cross National Office, the advice of Don Shropshire, Melinda Wells,
Yvan Chalifour, Alan Reid, Sanaz Pournasseh, Tania Lafrenière and Bekele Geleta was
extremely helpful. I would be remiss if I did not also acknowledge the assistance of special
consultant Stephen Davey from Geneva and Jean Slick from our Western Zone. The
continuing support of the Society’s Board of Governors and two Presidents, Jane McGowan
and Mario Dionne, has been exceptionally strong and for this we are very grateful.

A sincere word of thanks also to the Auxiliary Role Project Team: Caroline Gagnon, Catherine
Tierney and Ilario Maiolo. A special thank you to Major General (Ret’d) Jerry Pitzul, whose
knowledge and strategic advice helped the project move forward considerably. Finally, the
Society wishes to pay tribute to the Honourable David Pratt who, as Special Advisor to the
Society, conceived and led the project until the summer of 2008. Although David left the
Canadian Red Cross before the end of the project, his vision, commitment and passion have
been instrumental to the completion of this endeavour.

Paul Wharram
Deputy Secretary General
Canadian Red Cross
                                         Executive Summary
                      “Partnering to Build a Resilient Civil Society”

In April 2007, a contribution agreement was signed between Public Safety Canada and the
Canadian Red Cross providing the Society with $816,728 for the purposes of conducting “a
wide-ranging public consultation on the status/future of the recipient as auxiliary to public
authorities in the humanitarian field”. In addition to the public consultations, the project
included the production of an Interim Report to be submitted to the Federal government prior
to the International Conference of the Red Cross and Red Crescent in Geneva in November
2007 and a final report which will include, as per the agreement, “possible legislative changes
to the existing legal framework of the Canadian Red Cross Society”.

The final report starts by laying out the necessary background information on the International
Red Cross and Red Crescent Movement (the Movement). It then provides an overview of the
relationship between Canadian public authorities and the Movement and, more specifically, the
relationship between the Canadian Red Cross and Canadian public authorities in both its
domestic and international activities.

What is meant by auxiliary roles and status?

The main purpose of the project was to research and provide clarity around what is meant by
the auxiliary role in Canada. In these efforts, the project team was guided by the Movement as
well as the International Conference. Resolution 2 of the 30th International Conference
provided the following relationship of the auxiliary role of National Societies:
        [Recognises that] public authorities and National Societies as auxiliaries enjoy a specific and
        distinctive partnership, entailing mutual responsibilities and benefits, based on international and
        national laws, in which the national public authorities and the National Society agree on the
        areas in which the National Society supplements or substitutes public humanitarian services;
        the National Society must be able to deliver its humanitarian services at all times in conformity
        with the Fundamental Principles, in particular that of neutrality and independence, and with its
        other obligations under the Statutes of the International Red Cross and Red Crescent Movement
        as agreed by States in the International Conference of the Red Cross and Red Crescent. 1
        [emphasis added]




1
 Available at :
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/30-international-conference-resolutions-
061207/$File/30IC_Resolution2_Auxiliary_ENG__ADOPTED.pdf


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Based on the definition provided by the International Conference, identification of specific
auxiliary roles is a matter of simply answering the following questions:
           • Does the Society supplement or substitute a public humanitarian service?
           • Is there an agreement as to the specific roles and responsibilities between that
             National Society and the specific public authority?

Based on this “auxiliarity test”, the Society’s auxiliary role becomes evident through the
various aspects of disaster management, Community Home Services and certain aspects of its
programming in the area of health and injury prevention.

Defining and labelling auxiliary roles must not remain an academic exercise. Once a role is
identified as auxiliary, the Society and the public authority should continuously engage to
ensure that a fruitful dialogue is maintained on operational and policy issues while respecting
the Fundamental Principles. In this sense, labelling an auxiliary role as such is a call for
engagement and vigilance towards ensuring that the relationship is maintained and that
channels of dialogue remain open and respectful in order to achieve the common goal of
serving beneficiaries effectively.

In this sense, rather than focusing on which specific roles are considered auxiliary, the solution
lies in establishing a process to a relationship that creates a venue where humanitarian
matters, including the auxiliary roles, can be discussed with Governments as a whole. It is
for this reason that the report will focus on the overall relationship with Canadian public
authorities at all levels.

Relationship with public authorities: strengths

As noted in the interim report, four “key strengths” were emphasized across the country in
support of the auxiliary role of the Canadian Red Cross. They include:
           • The ability to mobilize human, financial and material resources;
           • The broad reach of the Canadian Red Cross nationally and the even broader
             network that exists through the Movement;
           • The organization’s leadership in fostering an ethic of volunteerism; and
           • The Fundamental Principles.

The Canadian Red Cross was often seen by government participants as a strategic asset, as an
organization that can make a contribution to public policy and be fully integrated into system-
wide planning for emergency management and pandemics.



ii
In essence, the main value of the Canadian Red Cross to Canadian public authorities resides
         • in the nature of its work: building a resilient civil society and providing
           emergency response capacity
         • in the manner in which it achieves this goal efficiently by mobilizing the power
           of humanity through volunteers and other donated resources.

This work, of course, is facilitated by the symbolic strength of the emblem, which, in times of
difficulty, serves as a rallying point for both those in need and those who wish to give help and
support. In this sense, the “auxiliary status” is not a tool to grant a specific role or advantage to
the Society but rather, as previously noted, it is a reminder of the Society’s mandate and role.

For example, the role of the Canadian Red Cross in building civil society resilience while
mobilizing volunteer resources is notably well represented by the new Ready When the Time
Comes program (RWTC). RWTC is an extensive network of well-trained volunteers from
local companies and organizations that can quickly mobilize in the event of a local, large-scale
disaster.

In early 2008, the Canadian Red Cross commissioned a consultant to “conduct a review of
value added by the international efforts of the Canadian Red Cross to the Government of
Canada” in the international sphere.

The subsequent report, tabled with the Society in July 2008, conceptually laid out the future
added value of the Canadian Red Cross to the Government of Canada and proposals for how to
articulate the value added, in order to renew dialogue with the government to establish a
sustainable partnership.

The perceptions of the added value of the Red Cross in relation to the Society’s international
work included:
           • The strength of the global network of National Societies;
           • The capacity in disaster response, disaster preparedness and health (do not
             diversify too much and where other capacities are needed, consider possible
             alliances with other organizations);
           • The organization’s independence (with some qualifications about how that may
             vary from country to country);
           • The possibility to promote key issues for Canada, such as gender equality,
             through the Movement and the policy meetings to which the Government of
             Canada has access; and



                                                                                               iii
            • The access that National Societies provide to countries with limited international
               relations, providing the Government of Canada with a channel (through
               Federation or ICRC programs) for humanitarian and/or development assistance;
               this may also provide a possibility to maintain contact with and even visits to the
               country.

Relationship with public authorities: shortcomings

     Ø “Siloed” relationship between the Society and public authorities

The Society’s vast scope of activities touches many levels of government as well as many
different departments and ministries. In most cases, the fragmented view that the Society and
Government reciprocally hold leads most often to a project-by-project approach. This in turn
fosters a reactive relationship, not a strategic proactive approach. The Society is often seen as
a cost-effective implementer of Government policy. Consequently, engagement and the
dialogue around public policy issues and humanitarian affairs, particularly humanitarian
advocacy, are limited.

     Ø No consistent view of the Society across the provinces and territories

As is the case at the federal level, the relationship between the Zones and the provinces is often
siloed and limited to a department-by-department approach. In each province, the relationship
is fragmented and therefore an overall strategic relationship is not present. Not all public
authorities are aware of the full range of Canadian Red Cross programmes and services and
there is little or limited acknowledgement of the auxiliary nature and global network of the
Canadian Red Cross.

     Ø The Society’s legal framework is not what it should be:

The 10 conditions of recognition for National Societies, required by the Movement’s Statutes,
are not clearly articulated in law. Furthermore, joint or delegated responsibilities such as
emblem protection, the dissemination of IHL and Restoring Family Links (RFL) are not clearly
defined or articulated.




iv
Recommendations

First Recommendation: Formalize the relationship between the Government of Canada
and The Canadian Red Cross Society by updating the Canadian Red Cross Society Act

   Ø Providing for the relationship between the Society and the Government of Canada

A proactive process of engagement can be achieved through legislative support to ensure
adherence to the Movement’s Fundamental Principles on the one hand and accountability for
good governance by both parties and to the public on the other hand.

The creation in law of a Liaison Committee is proposed in order to provide a forum within
which the cooperative and consultative engagement envisioned here and already in existence at
the international level with States Parties could occur. The Committee could bring together the
head of the Canadian Red Cross, or his or her deputy, and Ministers of the Crown designated
for this purpose by the Government of Canada. In addition, this Committee could provide a
report to Parliament through its “Lead Minister” informing Canadians of the state of
engagement between the Government of Canada and the Canadian Red Cross. This would
allow for a high level, strategic engagement on humanitarian issues. The Society and the
Government would meet with each other institutionally: a whole-of-Canadian Red Cross,
whole-of-government approach. The Committee would meet annually but could do so more
frequently should circumstances warrant. This mechanism for engagement would fulfill the
expectations of Canadians and meet the obligations of both the Canadian Red Cross and the
Government of Canada under the Geneva Conventions.

In addition to creating a Liaison Committee, the statute would identify the areas and/or events
where the Government should consult the Canadian Red Cross. Information could be shared,
perspectives exchanged, expertise solicited and capacities to act verified through such a
process of engagement. Identified areas of consultation could be:
           • The strength of the global network of National Societies;
           • The capacity in disaster response, disaster preparedness and health;
           • The organization’s independence (with some qualifications about how that may
             vary from country to country);
           • The possibility to promote key issues for Canada, such as gender equality,
             through the Movement and the policy meetings to which the Government of
             Canada has access;
           • The value of counterpart relations between the Canadian Red Cross and other
             National Societies and the potential for peer-based learning;


                                                                                           v
           • The value of work with and through Red Cross local branches in Canada to
             develop awareness of international issues and the capacity and motivation for
             action on them; and
           • The access that National Societies provide to countries with limited international
             relations, providing the Government of Canada with a channel (through
             Federation or ICRC programs) for humanitarian and/or development assistance;
             this may also provide a possibility to maintain contact with and even visits to the
             country.

This would allow the parties to develop and solidify relationships and activities around core
areas essential to both institutions and provide a model for engagement that both parties can
put forward in the fulfillment of their obligations to their constituencies and the Movement.

     Ø Providing for the 10 conditions of recognition

There is no doubt that the ICRC and the Movement have recognized the Canadian Red Cross.
Demonstrating this in a clear and straightforward manner is another matter. Historical
research, inference and interpretation leads to the conclusion that, although the recognition
exists, it can be easily characterized as ambiguous. In the centenary of the Canadian Red
Cross, its recognition by the Movement should not rest on ambiguity and we should seize the
opportunity to regularize the basis for that recognition in law as required by the Movement’s
Statutes and as agreed to by States Parties including Canada. The proposed legislation
therefore provides for the 10 conditions to be clearly articulated.

     Ø Providing enhanced emblem protection

The proposed legislative updates correct the deficiencies in the current Act by redrafting the
offences and bringing together the various stakeholders (both the Government and The
Canadian Red Cross Society) with an interest or duty to protect the emblem in a forum that
would allow them to review alleged misuse and make appropriate referrals to the authorities for
the disposition of the allegations.

     Ø Providing for the role of the Canadian Red Cross in the dissemination of
       International Humanitarian Law

The deficiencies of the CNCHL can be addressed by identifying in law a venue where the
Government of Canada and the Canadian Red Cross can consult on the dissemination of
International Humanitarian Law (IHL). It is proposed that this consultation could occur
through the creation of a subcommittee of the Liaison Committee. This process would bring


vi
the necessary stakeholders together with the appropriate expertise to provide advice on issues
under IHL such as RFL. Both the Government of Canada and the Canadian Red Cross would
then be in informed positions to fulfill their statutory obligations.

Second Recommendation: Formalize Strategic Relationships with Provinces and
Territories

It is recommended that efforts be made to encourage and develop cohesive relationships
between the Society and provincial and territorial governments. The specific content of each
agreement may vary from province to province. Indeed, as auxiliary, the Society is called to
supplement or substitute public humanitarian services only if there is a need to do so. A
cohesive relationship with the provinces and territories does not necessarily rest in the same
offer of services, rather it consists in a common understanding of the Society as auxiliary, as
well as a common approach to the relationship based on the one proposed with the Federal
government.

It is further recommended that the Society and public authorities engage in a holistic manner in
order to avoid siloed relationships with various provincial and territorial departments. In the
same way that it was recommended, at the federal level, that the Society adopt a “whole-of-
government approach” to the relationship, the same is to be said for provincial and territorial
relationships.

Practically speaking, this exercise is one of both outreach and capacity building in the field of
government relations through the various Canadian Red Cross Zones.

Proposed legislative changes

Finally, one of the aims of the contribution agreement was “to initiate possible legislative
changes to the existing legal framework of The Canadian Red Cross Society”. On this note,
and in order to provide a concrete example of possible legislative changes, a sample draft bill
will be used to introduce matters progressively and provide comment on the matters being
advanced. The language of the suggested statute is meant to accomplish the policy objective
sought and not to provide legal drafting language, which is the clear responsibility of
government.

Conclusion

The final report concludes by focussing on the increased humanitarian challenges ranging from
climate change, natural disasters and pandemics to security threats. To address these issues,


                                                                                            vii
change is required. This was recognized by both the Government of Canada and the Canadian
Red Cross through a joint pledge at the 30th International Conference where both parties
committed to renew the framework for cooperation. It was further supported by over 70
municipalities who have adopted resolutions to this effect.

In 2009, the centennial year of the Canadian Red Cross, the draft statue will provide Canada
with a solid basis to declare that it has fulfilled its pledge to the 30th International Conference
of the Red Cross and Red Crescent. It will also demonstrate that Canada is a healthy
participant in the world’s largest humanitarian network, fulfilling its obligations in a robust,
active and confident manner underscored by modern, cutting-edge legislation. Such legislation
will allow the Society and public authorities at all levels to engage in a meaningful manner in
order to both mobilize the power of humanity in times of crisis and partner to build resilient
and vibrant communities in Canada and throughout the world.




viii
                                                           Contents

Introduction............................................................................................................................3
   1)      MANDATE OF THE AUXILIARY ROLE PROJECT ................................................................3
   2)      FINAL REPORT OBJECTIVES ...........................................................................................4
Part I         The Canadian Red Cross’ Relationship with Canadian Public Authorities.........7
   1) FUNDAMENTAL BACKGROUND: STRUCTURE OF THE INTERNATIONAL RED CROSS AND
   RED CRESCENT MOVEMENT ..................................................................................................7
   2)      THE INTERNATIONAL DIMENSION OF THE RELATIONSHIP ...............................................12
   3)      THE DOMESTIC DIMENSION OF THE RELATIONSHIP ........................................................16
        i) Health and Injury Prevention.......................................................................................17
        ii) Humanitarian Issues Programs ...................................................................................20
        iii) International Humanitarian Law................................................................................21
        iv) Emblem Protection....................................................................................................23
        v) Emergency Management ............................................................................................24
   4) THE AUXILIARY DIMENSION OF THE RELATIONSHIP ..........................................................31
        i) International Impetus and Guidance ...........................................................................31
        ii) Auxiliary Relationship in Canada...............................................................................35
Part II Strengths and Shortcomings of the Canadian Red Cross’ Relationship with
Public Authorities in Canada...............................................................................................39
   1)      STRENGTHS .................................................................................................................39
        i) Domestic....................................................................................................................39
        ii) International...............................................................................................................43
   2)      SHORTCOMINGS...........................................................................................................46
        i) Siloed View of the Society ..........................................................................................46
        ii) Lack of Strategic Provincial Relations........................................................................47
        iii) Legal status and joint obligations under international law..........................................48
           A) Legal Status...........................................................................................................48
           B) Joint Obligations....................................................................................................48
               a) Dissemination of IHL .........................................................................................48
               b) Emblem Protection .............................................................................................48



                                                                                                                                   1
Part III Recommendations: Partnering to building resilient Communities.....................53
    1) FIRST RECOMMENDATION: FORMALIZE THE RELATIONSHIP BETWEEN THE GOVERNMENT OF
    CANADA AND THE CANADIAN RED CROSS SOCIETY BY UPDATING THE CANADIAN RED CROSS
    SOCIETY ACT ......................................................................................................................53
       i) Recognition.................................................................................................................54
       ii) Engagement ...............................................................................................................55
       iii) International Humanitarian Law................................................................................57
       iv) Emblem Protection....................................................................................................57
       v) Draft Statute...............................................................................................................57
    2) SECOND RECOMMENDATION: FORMALIZE STRATEGIC RELATIONSHIPS WITH PROVINCES
    AND TERRITORIES...............................................................................................................59

    3) THE TIME TO ACT ...........................................................................................................61
       i) The Call from the Movement ......................................................................................61
       ii) The Call of the Changing Times.................................................................................64
       iii) The Beginning of a Canadian Response ....................................................................67
Conclusion ............................................................................................................................70


Appendices
A: Draft Canadian Red Cross Act........................................................................................A-1
B: The Canadian Red Cross Society – Historical Background .............................................B-1
C: Pledges and follow-up to the 30th International Conference of the Red Cross and Red
Crescent ...............................................................................................................................C-1
D: Resolutions of the 30th International Conference of the Red Cross Red Crescent ........... D-1
E: Highlights of Major Canadian Red Cross Domestic Emergency Management Responses–
1917 to Present.....................................................................................................................E-1
F: Highlights of Canadian Red Cross International Emergency Management Responses–
1996 to Present..................................................................................................................... F-1
G: Canadian Red Cross International Operations: Strategy and Relations with the
Government ........................................................................................................................ G-1




2
Introduction

1) Mandate of the Auxiliary Role Project

On April 3, 2007, Public Safety Minister Stockwell Day signed a contribution agreement with
the Canadian Red Cross to undertake the Auxiliary Role Project. The project, which was also
supported by substantial in-kind contributions from the Society, had two specific stated
objectives.

The first part of the project involved wide-ranging public consultations on the status/future of
the Canadian Red Cross as “auxiliary to the public authorities in the humanitarian field”. The
consultations were intended to educate key stakeholders on the auxiliary role of the Red Cross
in Canada and to seek input, ideas and suggestions for better defining and recognizing the
auxiliary relationship.

The second portion of the contribution agreement authorized the Canadian Red Cross to
examine and put forward “possible legislative changes to the existing legal framework of The
Canadian Red Cross Society”. Virtually all National Societies are recognized by their
respective States through either laws or special charters. The statutory basis of the Canadian
Red Cross can be found in the Canadian Red Cross Society Act (1909). The Society’s Letters
Patent (1970) under the Canada Corporations Act contain the formal terms of incorporation
and provisions related to the internal governance of the Society. While some minor
amendments have been made to the legislation over the years, no substantive re-examination of
the Act has occurred since its passage 99 years ago. A cursory examination of the Canadian
Red Cross Society Act reveals many provisions that are completely outdated and antiquated.

In addition to the two stated objectives outlined in the project contribution agreement, the
Canadian Red Cross saw several other broader public policy objectives. The first was to focus
on the auxiliary role as a means to renew and regenerate the overall framework for cooperation
between the Society and public authorities at all levels and particularly in the area of disaster
response and emergency management. The second was to help the process of not only re-
branding the Canadian Red Cross in its emergency management role, but also strengthening its
role as auxiliary to government and increasing preparedness for response through a formalized
process of collaboration with all levels of public authorities. The Canadian Red Cross believes
that the Government of Canada views these additional objectives as desirable public policy
goals.




                                                                                            3
As required by the contribution agreement, in early November 2007 the Canadian Red Cross
provided Minister Day and government officials with an interim report on the public
consultation process entitled: “Revitalizing the Framework for Cooperation with Public
Authorities”. This report conveyed the general messages that were heard during the
consultation process as well as the results of research on the legal foundation of the Canadian
Red Cross. The report was also intended to inform the discussion on the auxiliary role among
representatives from the Canadian Red Cross and the Government of Canada to the
International Red Cross and Red Crescent Conference in Geneva in November 2007. As stated
in the Interim Report, the message received from key stakeholders such as provincial and
territorial government ministries and municipal authorities was clear: “relations with
governments are tremendously important, but must be carefully managed to preserve the Red
Cross’ independence.”

2) Final Report Objectives

The purpose of this final report is to address the three key interim report findings, which are the
need to
         • propose an inventory of instruments of cooperation and assess strengths,
           weaknesses and best practices
         • suggest methodologies to support the definition of auxiliary roles at the federal,
           provincial, territorial and municipal levels
         • bring new urgency and new energy to further improve the very complex and
           extensive web of good relationships that currently exists between the Society and
           public authorities and provide a concrete path and process, a framework for
           cooperation, which will advance theory into action

The recognition of these needs and the information that has been generated by the process of
reviewing and analyzing the rights and obligations and the various strengths and shortcomings
in the existing auxiliary relationship between the Canadian Red Cross and public authorities
present a feasible opportunity to improve this collaboration for the benefit of the Canadian
public.

Because of increasing humanitarian challenges, it is essential that public authorities work hand-
in-hand with civil society to ensure greater personal and societal resilience in the face of both
domestic and global issues such as terrorism, pandemics, climate change, natural disasters,
health education and warfare, to name just a few. If the Government of Canada and the
Society can work together in strategic planning, developing proactive measures and processes



4
to be prepared for the unexpected, Canada will position itself as one of the safest, most secure
and most prepared countries in the world. This final report will make the case that updating the
existing legislation, which will include a formalized process for a collaborative relationship
with the Government of Canada, is essential to ensure a stronger Canadian Red Cross
emergency management capacity not only in response but equally, if not more importantly, in
preparedness.

The annotated draft statute is provided (Appendix A) as suggested legislation to replace the
existing Canadian Red Cross Society Act. It contains, among other things, specific legal
recognition of the Canadian Red Cross’ auxiliary status, new emblem protection measures and
other provisions to fully modernize the statute and outline a process to a more productive
working relationship between the Canadian Red Cross and the Government of Canada.




                                                                                           5
6
Part I        The Canadian Red Cross’ Relationship with Canadian
              Public Authorities

1) Fundamental Background: Structure of the International
   Red Cross and Red Crescent Movement

The International Red Cross and Red Crescent Movement (the Movement) is the world's
largest organized humanitarian network. It provides humanitarian assistance to vulnerable
people around the world.

The Movement is made up of almost 97 million members and volunteers and approximately
300,000 staff worldwide assisting 233 million beneficiaries in 186 countries annually. It has
three main components:
         • The International Committee of the Red Cross (ICRC)
         • The International Federation of Red Cross and Red Crescent Societies (the
           Federation)
         • 186 Red Cross and Red Crescent National Societies (National Societies).

The Movement’s different components working individually or collectively in cooperation
with governments, donors and other aid organizations:
         • provide protection and assistance to victims of armed conflict;
         • provide humanitarian assistance to the victims of natural disasters and other
           emergencies;
         • work for the improvement of health, prevention of disease and the mitigation of
           human suffering; and
         • promote and disseminate International Humanitarian Law (IHL) and humanitarian
           values.

Essential to the Movement are its Statutes and Fundamental Principles. The Statutes are
adopted or modified by the International Conference, and thus consented to by States Parties
(including Canada). Included in the Statutes are the Fundamental Principles, adopted in
Vienna in 1965 during the 20th International Conference of the Red Cross and Red Crescent.
The Fundamental Principles are:

         HUMANITY
         The Red Cross, born of a desire to bring assistance without discrimination to
         the wounded on the battlefield, endeavours—in its international and national
         capacity—to prevent and alleviate human suffering wherever it may be


                                                                                            7
        found. Its purpose is to protect life and health and to ensure respect for the
        human being. It promotes mutual understanding, friendship, cooperation and
        lasting peace amongst all peoples.

        IMPARTIALITY
        It makes no discrimination as to nationality, race, religious beliefs, class or
        political opinions. It endeavours only to relieve suffering, giving priority to
        the most urgent cases of distress.

        NEUTRALITY
        In order to continue to enjoy the confidence of all, the Red Cross may not
        take sides in hostilities or engage at any time in controversies of a political,
        racial, religious or ideological nature.

        INDEPENDENCE
        The Red Cross is independent. The National Societies, while auxiliaries in
        the humanitarian services of their Governments and subject to the laws of
        their respective countries, must always maintain their autonomy so that they
        may be able at all times to act in accordance with Red Cross principles.

        VOLUNTARY SERVICE
        The Red Cross is a voluntary relief organization not prompted in any manner
        by desire for gain.

        UNITY
        There can be only one Red Cross Society in any one country. It must be
        open to all. It must carry on its humanitarian work throughout its territory.

        UNIVERSALITY
        The Red Cross is a world-wide institution in which all Societies have equal
        status and share equal responsibilities and duties in helping each other.


The International Committee of the Red Cross is an impartial, neutral and independent
organization whose sole mission is to protect the lives and dignity of victims of armed conflict
and internal violence and to provide them with assistance.

In situations of armed conflict, the ICRC is responsible for directing and coordinating the
Movement's international relief activities. The ICRC has a permanent mandate under
international law to visit prisons, organize relief operations, reunite separated families, meet
the needs of internally displaced persons, trace people who have gone missing during conflicts
and undertake other humanitarian activities.




8
As the custodian of the Geneva Conventions, the ICRC promotes the importance of IHL, draws
attention to universal humanitarian principles, and promotes and raises public awareness of the
dangers of mines and explosive remnants of war. The ICRC also has the mandate to recognize
new National Societies as part of the Movement.

The ICRC's headquarters are in Geneva, Switzerland. The organization has more than
12,000 staff in 80 countries around the globe. About 30 percent of the ICRC's operational
activities are carried out in cooperation with National Societies.

The International Federation of Red Cross and Red Crescent Societies is a global
humanitarian organization that coordinates international assistance following natural and man-
made disasters in non-conflict situations. Its mission is to improve the lives of vulnerable
people by mobilizing the power of humanity.

The Federation works with National Societies in responding to catastrophes around the world.
Its relief operations are combined with development work, including disaster preparedness
programmes, health and care activities, and the promotion of humanitarian values. In
particular, it supports programs on risk reduction and fighting the spread of disease such as
HIV/AIDS, tuberculosis, avian influenza and malaria.

The Federation has adopted the following goals:
        • Reduce the number of deaths, injuries and impact from disasters.
        • Reduce the number of deaths, illnesses and impact from disease and public health
          emergencies.
        • Increase local community, civil society and National Societies capacity to address
          the most urgent situations of vulnerability.
        • Promote respect for diversity and human dignity, and reduce intolerance,
          discrimination and social exclusion.

National Red Cross and Red Crescent Societies embody the Movement’s work and
Fundamental Principles in 186 countries. National Societies act as auxiliaries to the public
authorities of their own countries in the humanitarian field and provide a range of services
including disaster relief, emergency management, health, injury prevention and the promotion
of humanitarian values. During armed conflict, National Societies assist the affected civilian
population and may support the medical services of their armed forces where appropriate.

The ICRC recognizes National Societies once they meet the conditions laid out in Article 4 of
the Movement’s Statutes. The core condition for recognition of a National Society is that the


                                                                                            9
National Society be recognized in law by its national government as being obliged to conduct
itself in accordance with the Movement’s Fundamental Principles. Article 4 of the Statutes
provides as follows:

In order to be recognized in terms of Article 5, paragraph 2 b) as a National Society, the
Society shall meet the following conditions:
         1. Be constituted on the territory of an independent State where the Geneva
             Convention for the Amelioration of the Condition of the Wounded and
             Sick in Armed Forces in the Field is in force.
         2. Be the only National Red Cross or Red Crescent Society of the said State
             and be directed by a central body which shall alone be competent to
             represent it in its dealings with other components of the Movement.
         3. Be duly recognized by the legal government of its country on the basis of
             the Geneva Conventions and of the national legislation as a voluntary aid
             society, auxiliary to the public authorities in the humanitarian field.
         4. Have an autonomous status which allows it to operate in conformity with
             the Fundamental Principles of the Movement.
         5. Use a name and distinctive emblem in conformity with the Geneva
             Conventions and their Additional Protocols.
         6. Be so organized as to be able to fulfill the tasks defined in its own
             statutes, including the preparation in peace time for its statutory tasks in
             case of armed conflict.
         7. Extend its activities to the entire territory of the State.
         8. Recruit its voluntary members and its staff without consideration of race,
             sex, class, religion or political opinions.
         9. Adhere to the present Statutes, share in the fellowship which unites the
             components of the Movement and cooperate with them.
         10. Respect the Fundamental Principles of the Movement and be guided in its
             work by the principles of international humanitarian law.

The International Conference of the Red Cross and Red Crescent (International
Conference) assembles every four years, reuniting the Movement’s various components with
States Parties to the Geneva Conventions (including the Government of Canada). The
following diagram demonstrates the interaction of the bodies of the Movement and States at
the International Conference:




10
                                194 States Parties
                                     to the
                                    Geneva
                                  Conventions
         International                                       International
        Committee of              International              Federation of
        the Red Cross              Conference                Red Cross and
            ICRC               of the Red Cross &            Red Crescent
                                  Red Crescent                 Societies
                                    Societies

                                  186 National
                                  Red Cross &
                                  Red Crescent
                                    Societies




The International Conference is the supreme deliberative body for the Movement and examines
and decides upon humanitarian matters of common interest.


In brief:
                                    The Movement
   Ø International Committee of the Red Cross (ICRC)
      • an impartial, neutral and independent organization whose sole mission is to
         protect the lives and dignity of victims of armed conflict and internal violence
         and to provide them with assistance

   Ø International Federation of Red Cross and Red Crescent Societies
      • mission is to improve the lives of vulnerable people by mobilizing the power
         of humanity

   Ø 186 National Societies embody the Movement’s work and Fundamental
     Principles

   Ø The International Conference is the Movement’s supreme deliberative body
      • the Movement and States Parties to the Geneva Conventions assemble every
         four years to discuss humanitarian matters of common concern




                                                                                        11
2) The International dimension of the relationship

The Government of Canada has had a long relationship with the Movement.2 Since the
Movement’s foundation in 1863, Canada has either signed or acceded to all of the Geneva
Conventions and Additional Protocols:
            • Geneva Convention of 1864: Convention for the amelioration of the condition of
              the wounded and sick in armies in the field.
            • All British colonies including those that would later form the Dominion of Canada
              were bound by the convention on February 18, 1865.
            • Geneva Convention of 1906: Convention for the amelioration of the condition of
              the wounded and sick in armies in the field.

Canada signed the Convention on July 6, 1906, and ratified it on April 16, 1907.
            • Geneva Convention I of 1929: Convention for the amelioration of the condition of
              the wounded and sick in armies in the field.
              Canada signed the Convention on July 27, 1929, and ratified it on February 22,
              1933.
        • Geneva Convention II of 1929: Convention relative to the treatment of prisoners of
           war.
Canada signed the Convention on July 27, 1929, and ratified it on February 22, 1933.
            • The Four Geneva Conventions of 1949:
                •   Convention (I) for the Amelioration of the Condition of the Wounded and Sick
                    in Armed Forces in the Field. Geneva, 12 August 1949.
                •   Convention (II) for the Amelioration of the Condition of Wounded, Sick and
                    Shipwrecked Members of Armed Forces at Sea. Geneva, 12 August 1949
                •   Convention (III) relative to the Treatment of Prisoners of War. Geneva, 12
                    August 1949.
                •   Convention (IV) relative to the Protection of Civilian Persons in Time of War.
                    Geneva, 12 August 1949.
                    Canada signed the Conventions on December 8, 1949, and ratified them on May
                    14, 1965.
            • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to
              the Protection of Victims of International Armed Conflicts (Protocol I), 8 June
              1977.

2
    Refer to Appendix B for a brief historical background of The Canadian Red Cross Society.


12
            Canada signed the Protocol on December 12, 1978, and ratified it on November 20,
            1990.
         • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to
           the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8
           June 1977.
           Canada signed the Protocol on December 12, 1978, and ratified it on November 20,
           1990.
         • Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to
           the Adoption of an Additional Distinctive Emblem (Protocol III), 8 December 2005.
           Canada signed the Protocol on June 19, 2006, and ratified it on November 26,
           2007.

As a State Party to the Geneva Conventions, the Government of Canada takes part in the
Movement’s International Conferences. Since 1999, the Government of Canada has
systematically reported on all outcomes from the International Conferences. 3 Moreover,
Canada has committed itself to a number of pledges: five at the 27th International Conference
in 1999, five at the 28th International Conference in 2004 and nine at the 30th International
Conference in 2007. Refer to Appendix C to review the Pledges.

The Movement’s Statutes contain provisions that specifically apply to States Parties, including
Canada, concerning their relationship and interaction with the Movement:
       1. The States Parties to the Geneva Conventions cooperate with the
          components of the Movement in accordance with these Conventions, the
          present Statutes and the resolutions of the International Conference.
       2. Each State shall promote the establishment on its territory of a National
          Society and encourage its development.
       3. The States, in particular those which have recognized the National Society
          constituted on their territory, support, whenever possible, the work of the
          components of the Movement. The same components, in their turn and in
          accordance with their respective Statutes, support as far as possible the
          humanitarian activities of the States.
       4. The States shall at all times respect the adherence by all the components of
          the Movement to the Fundamental Principles.
3
 Reports are available online
27th International Conference:
http://www.icrc.org/Applic/p127e.nsf/va_navPage/IBP!OpenDocument&Start=1&Count=1000&Expand=1.25
28th International Conference:
http://www.icrc.org/Applic/p128e.nsf/va_navPage/IBP!OpenDocument&Start=1&Count=1000&Expand=1.27



                                                                                           13
        5. The implementation of the present Statutes by the components of the
           Movement shall not affect the sovereignty of States, with due respect for
           the provisions of international humanitarian law.

The Government of Canada has demonstrated its commitment to these Statutes and the
Movement by funding a number of capacity-building initiatives. Most notable among these
was the co-sponsoring in 1975 of a study and report entitled Final Report: An Agenda for the
Red Cross. Better known as the “Tansley Report”,4 the report assesses the Movement’s role
and outlines key strategic and organizational challenges for the Movement for the last quarter
of the twentieth century.

At the operational level, the Government of Canada works with the Movement’s various
components throughout the world. It interacts with the Canadian Red Cross in situations of
domestic disasters and with the Federation in international disasters such as the 2004 Southeast
Asia Tsunami.5 The Canadian Forces has contact with the ICRC most notably in Afghanistan
where the ICRC conducts statutory visits of detention centres. Furthermore, the ICRC
regularly interacts with various government departments, especially the Office of the Judge
Advocate General, on a number of operational and IHL issues.

The Government of Canada continues to provide core funding to the ICRC and responds to
emergency appeals from the ICRC, the Federation and the Canadian Red Cross. Several
mechanisms have been established to facilitate timely contributions from the Government of
Canada to the Society and the Movement. These are:


          • Red Cross International Aid Trust
              • This Trust, administrated by the Society, was created on July 6, 2000, to hold
                 funds received from the Canadian International Development Agency
                 (CIDA) until their disbursement to international relief projects.


4
  The “Tansley Report” marks a turning point in the Movement’s history. It notably pointed out that National
Societies excel particularly in the emergency phase of assistance, in which they have done much pioneer work and
gained irreplaceable experience.
The Government of Canada provided support not only in terms of financing but also in terms of information and
personnel. The report was named after Donald Tansley, the Vice-President of the Canadian International
Development Agency, who conducted the study from 1973 to 1975. In recognition of his work, in 1999, he
received the Order of Canada as well as the Henry Dunant Medal, the highest award conferred by the International
Red Cross and Red Crescent Movement.
5
  Following the 2006 Southeast Asia Tsunami the Canadian Red Cross received approximately $195 million in
donations from generous Canadians. In response to this overwhelming generosity, CIDA offered the Society
$132.5 million in matching funds. To date, the Canadian Red Cross has successfully provided tsunami relief and
recovery projects in four countries: Indonesia, Sri Lanka, Maldives and India.


14
        • Rapid Response Project
           • In collaboration with CIDA, the Canadian Red Cross has undertaken a Rapid
               Relief Project. The three-year initiative enables the procurement,
               warehousing and deployment of emergency supplies such as tents, blankets
               and health kits for natural disasters and humanitarian crises. It also allows us
               to maintain a roster of humanitarian sector specialists who can be called into
               immediate action when needed.

In 2007, CIDA contributed close to 17 million Canadian dollars to the international programs
of the Canadian Red Cross and this will rise to some 48 million Canadian dollars in 2008,
primarily earmarked for tsunami-related housing reconstruction programmes. The following
table illustrates CIDA’s current projects with the International Red Cross.

      Funding to the Canadian Red Cross
      • Networks for Community Health in Honduras REDES Project
      • Linkages for Community Health In Nicaragua ENLACE Project
      • Health Rehabilitation in Pakistan (HRP)
      • Housing Reconstruction and Rehabilitation in Aceh and Nias, Indonesia
      • Maldives Waste Management
      • Sri Lanka WUSC Vocational Training
      • Rapid Response Project
      • CRCS Overseas Delegates Project

      Funding through the Red Cross International Aid Trust
      • Life-Saving and Primary Health Care in Conflict Areas of Colombia 1
      • Africa Integrated Approach to Mortality and Morbidity Reduction (2005-07)
      • Africa Integrated Child Survival Program (2007-09)
      • IFRC Emergency Disaster Assistance Fund (EDAF) 2007

In times of crisis, Canadians turn to their Red Cross and time and again the Society provides a
vehicle through which Canadians can demonstrate their concern for vulnerable persons by
contributing both funding and volunteer hours to relief efforts. In 1999, the Canadian Red
Cross established the International Disaster Response Fund (IDRF) to accelerate public
contributions through the Society to large-scale disaster operations. When a crisis occurs,
funds can be accessed within 24 hours, allowing for immediate relief prior to an appeal being




                                                                                          15
launched. Canadians place their trust, time and funding in the hands of the Canadian Red
Cross, which has actively assisted over 5 million people around the world.

Appendix F identifies some of the major international appeals in which the Canadian
Government and the Canadian Red Cross International Program participated over the past
20 years. The significance of the Government of Canada’s contributions is notable and
commendable; Canada was the fourth-ranked donor to IFRC appeals during the period 2004-
2007.


In brief:
                            International dimension of the relationship
      Ø Since the Movement’s foundation in 1863, Canada has either signed or acceded to
        all of the Geneva Conventions and Additional Protocols

      Ø The Government of Canada participates in the Movement’s International
        Conferences

      Ø The Government of Canada interacts regularly with the ICRC on a number of
        operational and IHL issues

      Ø The Government of Canada provides core funding to the ICRC and responds to
        emergency appeals from the ICRC, the Federation and the Canadian Red Cross



3) The Domestic dimension of the relationship

In Canada, the Canadian Red Cross and Canadian public authorities interact on a number of
issues. The Society’s relationship with governments in Canada spans the continuum from
federal to provincial to local, and the nature of the relationship often differs between the
Society’s programs. Below is a description of the different levels of interaction, broken down
thematically.

The Canadian Red Cross is the National Society in Canada. In 2002, the Canadian Red Cross
launched an internal process that created a new Strategic Plan for the period 2003-2008.6 In
this plan, Canadian Red Cross activities focused around four core areas: humanitarian values,
disaster and conflict, health and injury prevention, and organizational capacity. These four
program areas are inextricably linked. Humanitarian values, health and injury prevention, and

6
    This Strategic Plan was recently extended to 2010.


16
capacity building are all connected to the ultimate goals of building resilience among
Canadians, assisting the most vulnerable in disasters and conflict, and promoting and
safeguarding the dignity of the individual.

The Government of Canada and the Canadian Red Cross work together at all levels of
government and within those levels with many departments. The interim report identified the
many collaborative programs and services that the Society provides along with assistance from
provincial and territorial governments. To fully illustrate the scope of programs and services
that the Canadian Red Cross offers in cooperation with public authorities in building civil
society and responding to the most vulnerable, an overview is provided. It will cover the
Society’s Injury Prevention, First Aid, Home Services, RespectED,7 Emergency Preparedness,
and Humanitarian Issues programs.


i) Health and Injury Prevention

The Canadian Red Cross works in collaboration with individual provinces to deliver First Aid
and Water Safety. Swimming lessons were first put in place as a public health program and,
since 1946, the Canadian Red Cross has helped in reducing drowning from 8 in 100,000 people
to 1.4 in 100,000. This model is extremely successful in terms of training and execution, as
witnessed by the large number of people that have benefited from this program. The Red
Cross Water Safety program has its strongest relationships with governments at the municipal
level, where the Society provides expertise in swimming, water safety and leadership
development. In 2007, the Red Cross trained over 1.6 million Canadians in its Water Safety
programs.

The Canadian Red Cross’ First Aid programs provide education and training in the concepts of
preserving life, preventing further injury, and promoting recovery in emergency situations.
First aid training also incorporates the prevention of initial injury and responder safety. Every
Canadian, no matter where they live in Canada, is provided with access to first aid skills. The
origins of the First Aid program date back to the 1930s when Canadian Red Cross First Aid
posts were located on the highway between Montréal and Toronto to provide emergency care
for victims of traffic accidents. By 1947, First Aid programs were available nationally.

Today, the Red Cross delivers its First Aid programs through more than 3,100 training partners
(Authorized Providers) across the country, who trained approximately 475,000 Canadians in
2007. The Red Cross follows regulations from Provincial Worker Safety and Insurance Boards
for First Aid Programs across Canada (with the exception of Quebec), regulations from

7
    RespectED is the Society’s Violence and Abuse Prevention Program.


                                                                                           17
Transport Canada for Marine First Aid Programs and regulations from Human Resources and
Social Development Canada (HRSDC) for First Aid Programs in the workplace.
Approximately, 2,500 instructors and instructor trainers were trained to deliver a wide variety
of First Aid and CPR training courses to help workplaces be compliant with both federal and
provincial or territorial regulations, as each province and territory defines workplace health and
safety regulations differently. The Red Cross developed a Web cast in 2007 to educate
workplaces and individuals to prepare for a pandemic flu event.

The role of the voluntary sector in the delivery of health programs has changed over time, and
this same evolution has been seen in the programming offered by the Society. In the past, the
Society operated hospitals, outpost hospitals and managed volunteer nursing services. Today,
the Society has two primary domestic health programs that assist Canadians in home support to
both an aging population and those with health problems. The Health Equipment Loan
Program (HELP) is available in seven provinces, and Community Health Services (CHS) are
delivered in Nova Scotia, New Brunswick and Ontario as shown in figure below. As health
care service delivery is the responsibility of the provinces and territories, it is at this level that
the Society formalizes its role in health care. In situations where the Society delivers similar
services across provinces, the Society may standardize practices where feasible and improves
the quality of care or service.




                                                                                    HELP




  Home Support



CHS is the largest not-for-profit provider of home-making and personal support services in
Ontario with more than 3,000 workers who provide almost three million hours of client


18
services annually in person care, home management, and respite and companion care services.
These services, delivered in cooperation with public authorities, are specifically covered under
MOUs with the provinces.

HELP services includes Meals on Wheels and Transportation Services and these services are
offered in New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland and Labrador,
Ontario, Alberta and British Columbia. The HELP program is characterized by a range of
relationships with government. HELP services have been expanding based on need and on
increased recognition by provincial governments of Red Cross capacity to be a strong delivery
partner. These services have been expanding, as the Red Cross needs to be able to assist
Canadians all over the country and as services expand, the need increases. The CHS program
has served over 27,695 people and the HELP program has served 123,316.

It should be noted that there are no MOUs in existence between the territories and the Red
Cross. This is an area where CHS capacity and relationships need to be increased.

Another service that does reach the territories is the Society’s RespectED: Violence & Abuse
Prevention program. This service was started in Western Canada in 1976 and has been
expanded across the country in response to increased reports of violence and abuse. A program
like this becomes essential for all civil society as an increase in urbanization is contributing to
an increase in violence.

RespectED emphasizes prevention education as a means to stop the cycle of abuse and
violence. The Red Cross service helps to promote healthier relationships and safer
communities. Built on decades of Canadian Red Cross experience in prevention education and
community-based safety programs, RespectED is the only comprehensive national prevention
program that addresses all types of abuse, harassment, neglect and relationship violence. This
service has helped more than one million Canadian youth and adults understand what
constitutes abuse, harassment and interpersonal violence, why these happen, and how to get
help.

RespectED workshops and presentations are delivered by highly trained and certified staff and
volunteers across Canada. All programs engage learners in an interactive experience and
encourage a community approach to prevention. Customized programs are delivered for the
Department of National Defence’s Junior Canadian Rangers and Cadets. Various provincial
ministries of Education,8 Social Services and Sports and Recreation work in cooperation with
the Red Cross in promoting the RespectEd program. Nationally, RespectED has taken the lead

8
    See Appendix X for a list of relationships.


                                                                                            19
on the Canadian Red Cross Prevention of Sexual Exploitation and Abuse (PSEXA) project
with the goal of maintaining safe environments. The Red Cross works with the Senate
Committee against Commercial Sexual Exploitation of Children and Youth and with the Public
Health Agency of Canada’s Injury and Violence Prevention Advisory Committees. The
Canadian Red Cross held its first National Meeting for its Aboriginal RespectED coordinators
in 2008, which included guest speakers from various Aboriginal organizations and Federal
government departments.

ii) Humanitarian Issues Programs

The role of the Red Cross in this field is realized through the Restoring Family Links and
Detention Monitoring programs. These are key services that the Canadian Red Cross offers in
collaboration with other humanitarian organizations, Canadian public authorities, the ICRC
and the Federation. The Canadian Red Cross Restoring Family Links program works with an
international network of Red Cross and Red Crescent Societies worldwide to reunite family
members where contact has been lost due to war, internal conflict, natural disaster, and other
reasons such as a death or illness in the family. Each year, more than 1,000 people seek help
from the Canadian Red Cross to re-establish contact with their family members. The
Movement was given this mandate by States through the Geneva Conventions.
The Society’s role in detention monitoring in Canada began in 1999 when the Government of
Canada came to the Canadian Red Cross to help ensure that a group of Chinese migrants
detained on the West Coast benefited from all of the appropriate protections afforded them
under national and international law. Since that time, the Society’s Detention Monitoring
program has grown to include federal and provincial facilities across Canada that hold over
12,000 persons detained under Canada’s Immigration and Refugee Protection Act each year.
The Canadian Red Cross Detention Monitoring program promotes the basic rights of people
detained under the Immigration and Refugee Protection Act by visiting and evaluating the
centres where detainees are held. The Detention Monitoring Program provides independent
monitoring to promote humane treatment in accordance with national and international
standards. The Society considers these activities on behalf of immigration detainees as
complementary to those of public authorities.

The Canadian Red Cross has a formal agreement with the Canada Border Services Agency
(CBSA) known as the “Memorandum of Understanding Regarding the Monitoring of
Immigration Detention between the Canada Border Services Agency and The Canadian Red
Cross Society”. The MOU, signed on November 3, 2006, by the President of the CBSA, Alain
Jolicoeur, and Dr. Pierre Duplessis, Secretary General of the Canadian Red Cross, formalizes
commitment and collaboration regarding the monitoring of immigration detention. The
Society’s activities neither preclude nor replace the role of any public authorities with legal


20
jurisdiction over immigration detention facilities in Canada, but act as a safeguard, and an
increasingly recognized best practice. The MOU is not just about monitoring conditions, but
also about sharing information and finding ways to build an environment in which best
practices become standard practice. As auxiliary to the government in the humanitarian field,
the Society plays an important role in monitoring the Canadian Government’s compliance with
national and international standards in immigration detention. Hence, the Society commends
the Government of Canada’s openness in allowing an independent monitor to assess detention
conditions in immigration facilities.

iii) International Humanitarian Law

The Government of Canada and the Canadian Red Cross are responsible for the dissemination
of IHL. Article 3(2) of the Movement’s Statutes provides that National Societies shall
disseminate and assist their governments in disseminating IHL.

Articles 82 and 83 of Schedule V to the Geneva Conventions Act impose obligations on the
Government of Canada in the dissemination of IHL. Articles 82 and 83 provide as follows:
        Article 82 — Legal advisers in armed forces
        The High Contracting Parties at all times, and the Parties to the conflict in
        time of armed conflict, shall ensure that legal advisers are available, when
        necessary, to advise military commanders at the appropriate level on the
        application of the Conventions and this Protocol and on the appropriate
        instruction to be given to the armed forces on this subject.

        Article 83 — Dissemination
        1. The High Contracting Parties undertake, in time of peace as in time of
        armed conflict, to disseminate the Conventions and this Protocol as widely as
        possible in their respective countries and, in particular, to include the study
        thereof in their programmes of military instruction and to encourage the
        study thereof by the civilian population, so that those instruments may
        become known to the armed forces and to the civilian population.
        2. Any military or civilian authorities who, in time of armed conflict,
        assume responsibilities in respect of the application of the Conventions and
        this Protocol shall be fully acquainted with the text thereof.

In addition to these statutory obligations, the Government of Canada and the Canadian Red
Cross created the interdepartmental committee known as the Canadian National Committee on



                                                                                          21
Humanitarian Law (CNCHL). The committee was established by MOU understanding in
March 1998 and has five purposes:
         • To recommend ratification of instruments of IHL;
         • To facilitate the implementation of obligations arising from this body of law in
           particular by reviewing and advising on national legislation and administrative
           measures;
         • To advise on disseminating and training in IHL in Canada;
         • To recommend the adoption of measures to promote national implementation in
           other States drawing on the resources and expertise available in Canada; and
         • To maintain a pool of personnel with expertise in IHL and ensure links with other
           National Committees and the ICRC.

The CNCHL includes representatives from the departments of Foreign Affairs, National
Defence and Justice, from the Canadian International Development Agency, the Solicitor
General of Canada as represented by the Royal Canadian Mounted Police (RCMP) and the
Canadian Red Cross Society.
The mandate of the CNCHL is to facilitate the implementation of IHL in Canada, including the
Geneva Conventions of 1949 and the Additional Protocols of 1977. The major functions of the
Committee include:
         • Considering and, where appropriate, recommending the ratification of legal
           instruments pertaining to IHL;
         • Coordinating the implementation of IHL obligations;
         • Providing advice on IHL dissemination and training in Canada;
         • Coordinating and stimulating the actions of governmental departments and other
           relevant organizations to strengthen compliance with and enhance the
           dissemination of IHL;
         • Examining and, when appropriate, recommending measures to promote the
           national implementation of IHL in the domestic law in other countries drawing on
           the resources and expertise available in Canada; and
         • Maintaining an updated list of experts in IHL and sharing information on IHL with
           other national committees, as well as the International Committee of the Red Cross.


The committee is chaired by its members on a rotational basis and The Canadian Red Cross
Society acts as the Secretariat of the committee. It currently meets two or three times per year.




22
iv) Emblem Protection

The red cross on a white background, the red crescent on a white background and, most
recently, the red crystal on a white background are all symbols of the humanitarian network
which is the Movement. They signify neutral, impartial help for vulnerable people. The Red
Cross and Red Crescent humanitarian workers seek access to places where suffering is greatest,
often at great personal risk. Their only protection is the emblem they wear and the awareness
of those around them that the emblem stands for neutral, impartial humanitarian aid.
Protecting these symbols saves lives and mitigates suffering. Associating these symbols with
any activity that diminishes their capacity to be symbols of impartial help can contribute to loss
of life and exacerbate human suffering. The unique and distinct role of the Movement and in
particular its relationship with States Parties is intertwined tightly with its symbols.

The symbols are owned by no one and by everyone. The Movement uses them; but States
Parties agree to protect them under their laws. The Movement undertakes to educate the public
on the need to protect the symbols. States Parties pursuant to Articles 53 and 54 of the Geneva
Conventions agree to take domestic legal measures to protect the emblems and ensure that their
measures are sufficient. Articles 53 and 54 provide as follows:
         Article 53
         The use by individuals, societies, firms or companies either public or private,
         other than those entitled thereto under the present Convention, of the emblem
         or the designation “Red Cross" or "Geneva Cross" or any sign or designation
         constituting an imitation thereof, whatever the object of such use, and
         irrespective of the date of its adoption, shall be prohibited at all times.

         By reason of the tribute paid to Switzerland by the adoption of the reversed
         Federal colours, and of the confusion which may arise between the arms of
         Switzerland and the distinctive emblem of the Convention, the use by private
         individuals, societies or firms, of the arms of the Swiss Confederation, or of
         marks constituting an imitation thereof, whether as trademarks or commercial
         marks, or as parts of such marks, or for a purpose contrary to commercial
         honesty, or in circumstances capable of wounding Swiss national sentiment,
         shall be prohibited at all times.

         Nevertheless, such High Contracting Parties as were not party to the Geneva
         Convention of 27 July 1929, may grant to prior users of the emblems,
         designations, signs or marks designated in the first paragraph, a time limit not
         to exceed three years from the coming into force of the present Convention to


                                                                                            23
            discontinue such use provided that the said use shall not be such as would
            appear, in time of war, to confer the protection of the Convention.

            The prohibition laid down in the first paragraph of the present Article shall
            also apply, without effect on any rights acquired through prior use, to the
            emblems and marks mentioned in the second paragraph of Article 38.

            Article 54
            The High Contracting Parties shall, if their legislation is not already
            adequate, take measures necessary for the prevention and repression, at all
            times, of the abuses referred to under Article 53.

The Movement’s emblems are integral to the organization’s original purpose. To assist the
victims of armed conflict, it became essential to protect the personnel within army medical
services and the volunteers with the national “relief societies”. Today, the red cross, red
crescent and red crystal all enjoy a similar privileged and protected status under national and
international law as emblems of the Movement and of the medical services of armed forces.

v) Emergency Management

The Red Cross has a proven track record in the development and successful execution of the
various programs and services as outlined above and, although the Society’s Strategic Plan
states that “no one core area is more important than the other”, disaster response and
emergency management have nevertheless crystallized as an area of heightened focus for the
organization.

Emergency management is a role in which the Canadian Red Cross is often primarily
associated. A recent poll of Canadians shows that, when it comes to disaster response, an
overwhelming number of Canadians think of the Canadian Red Cross first before any NGO,
the Canadian Forces or the Government of Canada.9 The results from the question “What
organizations come to mind when you think of help to people affected by disaster in Canada?”
are as follows:




9
    Environics Research Group


24
     Canadian Red Cross                                                              58

          Salvation Army                   13

        Canadian Forces               9

   Government of Canada           6

             United Way       4

                   Other                        20

                   None               10


In the Emergency management role, as early as 1917 with the Halifax explosion and through
many other major emergencies, such as the following, the work of the Red Cross in
cooperation with the Government of Canada has been extensive and effective:
- the Edmonton Tornado (1987),
- the Saguenay River floods in Quebec (1996),
- the Red River floods in Manitoba (1997),
- the ice storms in eastern Ontario and western Quebec (1998),
- the terrorists attacks in Manhattan and Washington (2001),
- the SARS epidemic in Toronto (2003),
- the largest power blackout in North American history (2003),
- Hurricane Juan in Nova Scotia (2003),
- the fires in British Columbia (2004),
- the floods and severe weather in western Canada (2005), and
- the most recent explosion of a Toronto propane facility (2008).

In March 2003, the Province of Ontario declared a state of emergency related to an outbreak of
Severe Acute Respiratory Syndrome (SARS) and the Ontario Ministry of Health requested
assistance from the Society. The Canadian Red Cross and approximately 379 of its volunteers
provided support to more than 2,600 households. These volunteers paired up with their
counterparts from St. John Ambulance to provide surgical masks, thermometers, SARS print
information and health kits to people left isolated by voluntary quarantine in their homes. The
Canadian Red Cross team participated in special training sessions established to educate the



                                                                                          25
volunteers on the strict protocols for delivering much-needed items to the homes of
quarantined people.

On a municipal level, the Red Cross responds to at least one fire emergency a day. Seasonally,
the Red Cross has become increasingly active in supporting response to climate extremes.
During times of severe heat waves in Toronto, the Red Cross provided an information line for
the public, distributed water to the homeless population, worked closely with EMS to provide
home visits to elderly and vulnerable clients, and opened and operated three cooling centres.
BC coastal communities have been impacted annually by severe winter storms and the Red
Cross has responded, providing services to homeless shelters and working closely with all
levels of government, including First Nations, to support the development and implementation
of community collaborative recovery initiatives. To formalize the Society’s role in the
provision of emergency and disaster services at the local level, the Red Cross has signed a
number of agreements with municipalities across the country; to date over 800 municipalities
have service agreements with the Canadian Red Cross.

Collaboration with provinces in Emergency Management is addressed in MOUs or other
similar agreements. The Society has provincial agreements with Quebec, Ontario, Manitoba,
Saskatchewan, Nova Scotia, Newfoundland, British Columbia and Prince Edward Island.
Strengthened preparedness improves response. When an emergency occurs, depending on its
size and nature, the Red Cross is called upon by either the municipality or the provincial or
territorial government to provide services. The most common services delivered by the Society
on behalf of public authorities are Emergency Social Services. The Society also has the
capacity and expertise in other services that are requested during emergencies such as
information management, fund management and volunteer coordination. The Society has also
initiated major recovery programs following disasters such as the Saguenay floods, Manitoba
floods, Badger floods and British Columbia fires. Appendix E identifies some of the major
Canadian disaster to which the Canadian Red Cross responded since 1917.

The following table outlines the formal agreements that currently exist between the Canadian
Red Cross and provincial governments:

  British           Letters of Understanding between the Province of BC and the Canadian Red
  Columbia          Cross - April 2008; plus General Agreement

  Purpose           Canadian Red Cross will assist the Ministry of Public Safety through the
                    Emergency Program in providing the following services:
                    -Management of the Central Registry and Inquiry Bureau
                    -Coordination of the provision of public information through an Emergency
                    Information Call Centre



26
                -Coordination of the provision of Family Reunification training and services
                -provide Family Reunification Community Training

Funding         Reimburse expenses related to the activation and operations of the CRIB
                during response and recovery operations; reimburse expenses related to
                activation and operation of the Call Centre; funding is received on an annual
                basis for the Family Reunification training
Newfoundland Agreement between the Government of NFLD and the Canadian Red Cross
and Labrador NFLD & Labrador Region - December 2000
Purpose         Canadian Red Cross to assist the Department of Human Resources and
                Employment with the provision of emergency social services considered
                essential for the immediate and continued well-being of persons affected by an
                emergency/disaster situation.
                Emergency social services are defined as:
                -Family Reunification Services
                -Food Services
                -Lodging Services
                -Clothing Services
Funding         No funding attached to the agreement

Nova Scotia     Agreement between Her Majesty the Queen in Right of the Province of Nova
                Scotia and the Canadian Red Cross - March 2001
Purpose         Canadian Red Cross to assist the Minister of Community Services in the
                provision of emergency social services. Both Parties will work together in the
                prior planning, training and preparedness for an emergency and for the
                provision of emergency social services in an actual emergency.
                Emergency social services are defined as:
                -Registration and Inquiry
                -Food Services
                -Lodging Services
Funding         $100,000 per annum
Manitoba        Agreement for Training and Registration and Inquiry Services between the
                Government of Manitoba and the Canadian Red Cross.
                Date: n/a
Purpose         Canadian Red Cross to provide the following emergency services at the request
                of the Government of Manitoba:
                -Registration and inquiry
                -Preparedness and training to prepare personnel for response in the event of a
                disaster; including volunteer management, recruitment and training of all
                personnel each year.
Funding         Reimbursement of up to a maximum of $11,500 per fiscal year for services
                provided



                                                                                           27
 Ontario         Agreement for services between the Province of Ontario represented by the
                 Minister of Community and Social Services and the Canadian Red Cross
                 Signed in 2008
 Purpose         Canadian Red Cross will provide services and resources to the Ministry for the
                 provision of Emergency Social Services in the following areas:
                 -Emergency shelter; Reception Centre Services; Victim Registration and
                 Inquiry Services; Personal Services; Food and Clothing Services
                 Other obligations:
                 -participate in joint Emergency Social Services Planning
                 -provide orientation and training as required
                 -coordinate, manage and use Canadian Red Cross trained staff and volunteers
                 when assisting the Ministry in emergencies
 Funding         Reimbursement of expenses only for any requested service
 Prince Edward   Agreement between the Government of PEI and the Canadian Red Cross
 Island          Atlantic Zone - May 2002
 Purpose         Canadian Red Cross will provide services and resources to the Government of
                 PEI for the provision of Emergency Health and Social Services in and
                 throughout the Province of PEI. Both Parties will work together in the prior
                 planning, training and preparedness for an emergency and for the provision of
                 Emergency Health and Social Services in an actual emergency.
                 Emergency Social Services are defined as:
                 -Registration and Inquiry
                 -Food Services
                 -Lodging Services
                 -Clothing Services
 Funding         $14,000 per annum
 Quebec          Agreement between the Minister of Public Security of Quebec and CRC
                 Quebec Division defining collaboration in matters of emergency response.
                 First signed in 1990, renewed in 1995, 2001, 2003 and 2007
 Purpose         Canadian Red Cross as an international humanitarian organization auxiliary to
                 public authorities will collaborate and intervene with the designated
                 Government of Quebec Department/Entity during an emergency situation.
                 CRC’s collaboration with the Government of Quebec includes:
                 -Management of Emergency Materials
                 -Management of volunteer resources
 Funding         Reimbursement of costs related to the management of emergency materials
                 (annually) and of expenses related to Canadian Red Cross disaster services
                 provided during a disaster
 Saskatchewan    Agreement for Services between the Government of Saskatchewan and the
                 CRCS
                 At time of publishing Draft Only Agreement –not yet signed



28
  Purpose           Canadian Red Cross will provide registration and inquiry services, being
                    recognized officially as an auxiliary to the public authorities in providing
                    protection and assistance to those impacted by disasters, and which has the
                    resources and mandate to assist in the provision of disaster relief. The Services
                    include:
                    -Family Reunification Services and Central Registration and Inquiry
                    -Preparedness and training including recruitment, training and equipping the
                    Canadian Red Cross and municipal or community R&I volunteers
  Funding           Reimbursement of expenses only for any requested service other than R&I
                    which the Canadian Red Cross will provide at no cost


At the federal level, the Canadian Red Cross has an MOU with Public Safety Canada. This
MOU ensures collaboration in matters of emergency preparedness and prevention, as well as
response and recovery. The following is an outline of this MOU:

MOU with Public Safety Canada

The Memorandum of Understanding between the Department of Public Safety and Emergency
Preparedness and The Canadian Red Cross Society concerning their collaboration in matters of
emergency management was signed on May 8, 2006, by the Honourable Stockwell Day,
Minister of Public Safety, and Dr. Pierre Duplessis, Secretary General of the Canadian Red
Cross.

This MOU acknowledges the Society as auxiliary to the public authorities at the provincial,
territorial and local levels to support their respective emergency management activities and
establishes the principles that govern the relationship between the Department of Public Safety
and Emergency Preparedness Canada (now called Public Safety Canada) and the Society for
their collaboration in matters of emergency management.
The MOU’s objectives are:
        • to identify how the Society may assist the department in supporting the
          Government of Canada’s response during an emergency;
        • to promote emergency preparedness and public awareness of matters related to
          emergency management;
        • to participate in exercises and provide education and training related to emergency
          management; and
        • to promote a common approach to emergency management, including the adoption
          of standards and best practices.




                                                                                                 29
The intent of this agreement is to allow Public Safety Canada to better prepare and react to
disasters across Canada with this strong and continuing partnership between the Canadian Red
Cross and the Government of Canada. A comprehensive joint annual work plan was
established in 2006, and is maintained by both parties in order to successfully meet the
agreement’s objectives.

The role of the Canadian Red Cross, and that of the volunteer sector, has changed over time in
relation to other social and policy developments. The Society continues to be responsive to the
dynamic and evolving humanitarian needs in Canadian society.


In brief:
                        Domestic Dimension of the Relationship
     Ø Programs and Services
        • The Canadian Red Cross provides a number of services across Canada,
           including training and education, health services, humanitarian aid, and
           emergency preparedness and response

     Ø Emblem protection
        • The Movement uses the emblems; but States Parties agree to protect them
          under their laws

     Ø Emergency Management
        • Emergency Management collaboration is addressed in Memoranda of
          Understanding (MOUs)

     Ø International Humanitarian Law
        • The Government of Canada and the Canadian Red Cross have responsibilities
           for the dissemination of IHL

     Ø Collaboration with provinces in Emergency Management is addressed in
       Memoranda of Understanding (MOUs) or agreements

     Ø There is a Memorandum of Understanding between the Department of Public
       Safety Canada and Emergency Preparedness and The Canadian Red Cross Society
       in matters of emergency management
         • A comprehensive joint annual work plan exists




30
4) The Auxiliary dimension of the relationship


i) International Impetus and Guidance

One of the Movement’s defining characteristics is the status and role of National Societies as
“auxiliaries to the public authorities in the humanitarian field”. This is an essential point. The
status of National Societies as “auxiliaries” is not a notional or “self-appointed” role. From its
inception in 1863 at the First Geneva Conference and then subsequently in 1864 with the First
Geneva Convention, the idea of volunteer relief societies—auxiliaries—to assist army medical
services and the protection afforded to them was firmly grounded in IHL.10 The concept of
“auxiliarity” is firmly embedded in the Fundamental Principles of the Red Cross11 and in the
Movement’s Statutes12 and is also recognized in a United Nations General Assembly
Resolution.13 In short, auxiliarity is at the core of the identity of both National Societies and
the Movement. In fact, having “auxiliary status” remains an important pre-condition for a new
National Society to be recognized by and admitted into the Movement.


The concept of being auxiliary to the public authorities dates back to the Movement’s origins.
Although it originally referred only to support provided to the medical services of the armed
forces, it gradually came to be applied to other activities of National Societies and is referred to
in the Movement’s Statutes. The wording of this condition has been broadened over time to
reflect the emergence of professionalized humanitarian services.

While formally the concept of being auxiliary to the public authorities is universal, it has
however not been interpreted in the same way in all countries.

The 27th International Conference of the Red Cross and Red Crescent in 1999 started the
“renaissance” of the auxiliary concept. Supported by all States Parties to the Geneva
Conventions (including the Government of Canada) and the Movement, a Plan of Action was
adopted which called for the Federation to collaborate with the ICRC and National Societies to
conduct a comprehensive study of the working relationship between States and National
Societies. The expected result of the study was to ensure that:


10
   See Appendix One, Chapter IV, Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of August 12, 1949.
11
   See Appendix Two, Fundamental Principles of the Red Cross Movement, XXth International Conference of the
Red Cross, Vienna, 1965
12
   See Appendix Three, Article 4.3 of the Statutes of the International Red Cross and Red Crescent Movement (as
passed by States at International Conferences).
13
   See Appendix Four, General Assembly Resolution 49/2 adopted in 1994.


                                                                                                        31
        Components of the Movement and States have a clearer and more common
        understanding of the National Society auxiliary role, its advantages and
        restrictions, in light of changing needs and of the evolving role of other
        service providers.


The study, initiated in 1999 and completed in 2003, was entitled National Red Cross and Red
Crescent Societies as Auxiliaries to the Public Authorities in the Humanitarian Field. The
Movement responded to this important study with a resolution at the 2003 meeting of the
Council of Delegates, which, among other things, encouraged National Societies to engage in
discussions with States to strengthen “government understanding of the value of the auxiliary
character of National Societies and the importance of a balanced relationship”. The “balanced
relationship” mentioned in the motion refers to the creative tension that exists between the Red
Cross Fundamental Principle of “Independence”—being separate and apart from
government—weighed against a National Society’s close working relationship with
government on humanitarian issues. It is, to say the least, a delicate equation requiring
constant vigilance to ensure a careful reconciliation between a vital principle and an important
role.

The study concluded that the auxiliary relationship between states and their national society
was centred upon the following characteristics:
           • Involvement of the National Society in the implementation of the obligations
             incumbent upon the State on the basis of IHL and the resolutions of the
             International Conference of the Red Cross and Red Crescent;
           • Utilization by the State of the National Society’s medical personnel put at the
             disposal of the medical services of armed forces, in strict accordance with the
             First Geneva Convention and, where applicable, the First Additional Protocol;
           • Cooperation in respect of other tasks related to IHL where both the State and the
             National Society are involved, such as tracing services;
           • Consultation with the National Society on major humanitarian issues;
           • Participation of the National Society in the health and social sector and in actions
             of relief and disaster preparedness; this involves not only the National Society’s
             own service delivery action but also its contribution on the basis of its
             experience, and the policy of the International Federation, to governmental
             policy-making in these sectors;
           • Cooperation respecting the distinct role of the Red Cross/Red Crescent in
             international operations; such operations include response to the needs of


32
                conflict and disaster victims, and building the capacity of National Societies in
                other countries to respond to needs in the health and social sectors;
             • Utilization of the National Society’s capacity in the fields in which it is
               competent, and of its ability to act as a link between the organizations of civil
               society and the State (including, where necessary, the armed forces); and
             • Support from the National Society of the State’s humanitarian activities,
               including acceptance of appropriate mandates.14


The study further stressed the importance of establishing a balanced relationship taking into
account the Movement’s Fundamental Principles. To this effect, the study stressed the
necessity for the National Society to remain neutral and impartial at all times. The study
stressed that:
             • At all levels, the representatives of the State and the National Society understand
               the importance of the Fundamental Principles and ensure that the work of the
               National Society is guided by the Fundamental Principles.15
             • The State and the National Society work with a view to creating an enabling
               environment allowing the best possible action from the National Society. In
               particular:
                     • The State facilitates the functioning of the National Society by adopting
                       appropriate legislation (or derogation to existing legislation) in the fields
                       of voluntary service, tax and customs status of the National Society, and
                       use of the emblem by the National Society, in conformity with the Geneva
                       Conventions;
                     • The State and the National Society use the “Characteristics of a Well-
                       Functioning National Society”16 and “Guidance for National Society
                       Statutes” to facilitate changes in the legal status of the National Society,
                       its structure and its rules of functioning; in this context, public authorities
                       take into account the comments that the ICRC and the Federation may
                       formulate in respect of National Society’s statutes; and

14
   National Red Cross and Red Crescent Societies as Auxiliaries to the Public Authorities in the Humanitarian
field. Conclusions from the study undertaken by the International Federation of Red Cross and Red Crescent
Societies.
15
   Statutes of the International Red Cross and Red Crescent Movement, adopted by the 25th International
Conference of the Red Cross and Red Crescent, 1986, Preamble
(http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement).
16
   Statutes of the International Red Cross and Red Crescent Movement, adopted by the 25th International
Conference of the Red Cross and Red Crescent, 1986, Preamble
(http://www.icrc.org/Web/eng/siteeng0.nsf/html/movement).


                                                                                                          33
                  • Mechanisms for dialogue and safeguards are established for all forms of
                    State-National Society cooperation. This includes National Society
                    contribution to governmental policy-making in the fields of disaster
                    management, health and social services. The roles and responsibilities are
                    established in general and for each operation or programme, preferably by
                    agreement between both parties.

Within the Movement, work on the “auxiliary issue” and “balanced relationships” continued.
At the Council of Delegates held in Seoul, South Korea, in November 2005, a background
document was produced by the Federation and the ICRC which, among other things, noted
that: “the type of environment where a ‘balanced relationship’ can be developed does not exist
everywhere, for lack of a clear legal base (e.g. recognition law, statutes) or of political will,
either on the part of the government or of the National Society”. A further resolution on the
auxiliary issue was passed, which re-iterated the need for National Societies to work closely
with their government to strengthen “government understanding of the value of the National
Societies’ auxiliary role.” And finally, the document advised that: “In the lead-up to the
International Conference in 2007, it will be necessary to intensify the consultation process with
governments”.

A number of preparatory meetings followed, notably two meetings of the National Societies
and States representatives on the status and role of the National Societies as auxiliaries to their
respective public authorities in the humanitarian field and The Second Commonwealth Red
Cross and Red Crescent Conference on International Humanitarian Law. These meetings
reaffirmed the findings of the Federation’s study and paved the way forward to the 30th
International Conference by adopting a resolution on the auxiliary role. This resolution
contained a formal definition of the auxiliary relationship. Refer to Appendix D to review the
resolutions.

At the 30th International Conference in 2007, the issue of “National Societies as auxiliaries”
formed an important part of the agenda. Resolution 2, unanimously adopted by the Conference
(including the Government of Canada), clearly outlined that it is the primary responsibility of
States and their respective public authorities to provide humanitarian relief to vulnerable
persons on their respective territories and that the primary purpose of National Societies as
auxiliaries to the public authorities in the humanitarian field is to supplement them in the
fulfilment of this responsibility. It also provided a more formal definition of the auxiliary by
providing the following definition:
        [Recognises that] public authorities and National Societies as auxiliaries enjoy
        a specific and distinctive partnership, entailing mutual responsibilities and



34
         benefits, based on international and national laws, in which the national public
         authorities and the National Society agree on the areas in which the National
         Society supplements or substitutes public humanitarian services; the National
         Society must be able to deliver its humanitarian services at all times in
         conformity with the Fundamental Principles, in particular that of neutrality
         and independence, and with its other obligations under the Statutes of the
         International Red Cross and Red Crescent Movement as agreed by States in
         the International Conference of the Red Cross and Red Crescent.17

The resolution reaffirms and officially recognizes that at the most basic level, the auxiliary
relationship, and particularly the relationship between the Government of Canada and the
Canadian Red Cross, exists on a foundation of shared values, respect for human dignity and a
shared commitment by both to the Movement’s humanitarian objectives. Before the 30th
International Conference, some may have claimed that, since humanitarian affairs are an issue
of public policy, all of the National Societies’ humanitarian activities could have been deemed
“auxiliary”. This current definition gives a more formal meaning to auxiliarity. National
Societies are auxiliaries when they agree with their public authorities on the areas in which
they supplement or substitute public humanitarian services. Agreement is key; that the above-
mentioned wide view of the auxiliary nature of National Societies is not that which is held by
the Movement. It is also a more grounded and realistic approach as the agreement allows
outlining specific roles and responsibilities. In this sense, the auxiliary status of the Society,
that is the formal textual recognition, serves as a reminder to States and their citizens that
States created and recognized National Societies to aid in humanitarian matters. It also
preserves the imperative for National Societies to recognize that their humanitarian mandate
may exceed their auxiliary role.

ii) Auxiliary Relationship in Canada


The search for clarity around what is meant by the term “auxiliary” has been the driving force
at both the international and domestic levels behind the renewed legal basis and reinvigorated
relationships between National Societies and national government. The direction provided by
the International Conference, the Movement and public consultations gives meaning to the
auxiliary role in Canada.




17
   Available at :
http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/30-international-conference-resolutions-
061207/$File/30IC_Resolution2_Auxiliary_ENG__ADOPTED.pdf


                                                                                            35
The first question asked to Canadian participants in the public consultations related specifically
to auxiliary roles. Participants often took a wider interpretation of the auxiliary role and often
examined the nature of the roles rather than the criteria of the definition to be proposed at the
International Conference.18

As noted in the Interim Report, while the auxiliary concept is not well-understood within
governments or among the general public, that did not stop consultation participants from
readily identifying auxiliary roles in the areas of emergency management, health and injury
prevention, the promotion of humanitarian values, and the dissemination of IHL. There was
also a clear consensus that collaboration in protecting the emblem was an excellent example of
a specific auxiliary role. Although thematically all of these areas may be considered auxiliary
in nature, the Canadian Red Cross does not have specific agreements with the public
authorities on all of these matters.

While the Canadian Red Cross’ work in emergency management and IHL dissemination seems
to present clear-cut cases of auxiliary roles, there was somewhat less unanimity around other of
the Society’s program activities. Some wide-ranging discussions occurred, for instance,
around the topic of whether all of the Canadian Red Cross’ programs are characterized in some
measure as auxiliarity, or whether a more narrow construction should apply. Examples of this
diversity of opinion include:
          • Some participants saw problems in categorizing activities in the Health and Injury
            Prevention sphere as auxiliary, since fees are charged for programs such as First
            Aid and Water Safety.
          • Home Care programs are seen by some as being auxiliary, as are the
            Health/Medical Equipment Loans Programs. Because Home Care is a contracted
            service, many felt that the auxiliary role would only apply in certain circumstances
            where there are gaps in government programs and no similar service is offered by
            another agency. In this sense, the Society’s auxiliary status is not intended to grant
            the Society specific competitive advantages over other service providers.


However, the definition offered by the 30th International Conference does not speak to the
specific means of the agreement, and therefore services that charge fees, or fall under the
domestic legal terms “contracted out”, may still fall with the definition of auxiliary.


As noted above, the Society has many forms of agreement with various levels of public
authorities from the municipal level to the provincial level to the various Federal departments.
18
  Since the consultations took place through the summer of 2007, the definition had not yet been adopted by the
30th International Conference, which took place in November 2007.


36
Some of the Society’s current agreements with public authorities, notably provincial and
municipal, explicitly reference the Society’s auxiliary status. However, this alone does not
suffice to constitute an auxiliary role. Based on the definition provided by the International
Conference, identification of specific auxiliary roles is a matter of simply answering the
following questions:
         • Does the Society supplement or substitute a public humanitarian service?
         • Is there an agreement as to the specific roles and responsibilities between that
           National Society and the specific public authority?

Based on this “auxiliarity test”, the Society’s auxiliary role becomes evident through the
various aspects of disaster management, Community Home Services and certain aspects of its
programming in the area of health and injury prevention.

Defining and labelling auxiliary roles must not remain an academic exercise. Once a role is
identified as auxiliary, the Society and the public authority should continuously engage to
ensure that a fruitful dialogue is maintained on operational and policy issues while respecting
the Fundamental Principles. In this sense, labelling an auxiliary role as such is a call for
engagement and vigilance towards ensuring that the relationship is maintained and that
channels of dialogue remain open and respectful in order to achieve the common goal of
serving beneficiaries effectively.

In this sense, rather than focusing on which specific roles are considered auxiliary, the solution
lies in establishing a process towards a relationship that creates a venue where humanitarian
matters including the auxiliary roles can be discussed with Governments as a whole. It is
for this reason that we will now focus on the overall relationship with Canadian Public
Authorities at all levels.




                                                                                              37
In brief:
                           Auxiliary Relationship: current status


     Ø Definition from the 30th International Conference:
                [Recognises that] public authorities and National Societies as auxiliaries enjoy a
        specific and distinctive partnership, entailing mutual responsibilities and benefits, based
        on international and national laws, in which the national public authorities and the
        National Society agree on the areas in which the National Society supplements or
        substitutes public humanitarian services; the National Society must be able to deliver its
        humanitarian services at all times in conformity with the Fundamental Principles, in
        particular that of neutrality and independence, and with its other obligations under the
        Statutes of the International Red Cross and Red Crescent Movement as agreed by States
        in the International Conference of the Red Cross and Red Crescent


     Ø Auxiliary status, that is, the formal textual recognition, serves as a reminder to
       States and their citizens that States created and recognized national societies to aid
       in humanitarian matters.

     Ø Identifying auxiliary roles as such is a call for engagement and vigilance towards
       ensuring that the relationship is maintained and that channels of dialogue remain
       open and respectful in order to achieve the common goal of serving beneficiaries
       effectively.




38
Part II             Strengths and Shortcomings of the Canadian Red Cross’
                    Relationship with Public Authorities in Canada

Part I outlined a picture of the Society’s current relationship and interaction with various levels
of Government. Based on the results of the public consultations and the research of the
Auxiliary Role Project team, it is now important to examine the strengths and shortcomings of
this relationship in order to identify gaps and missed opportunities to achieve the common
goal: effective and timely services to the most vulnerable.

1) Strengths

i) Domestic

Throughout the public consultation, it became apparent that the Society generally enjoys a
good reputation among the public and public authorities. A recent Environics poll
commissioned by the Canadian Red Cross found that nine in ten Canadians hold a positive
view of the Society with over half saying that their view was very positive. 19 The public
confidence offers governments a legitimate reason to engage the Society.

Perceptions of the Canadian Red Cross
July 2004-March 2008


                                                                               July 2004
           54
     49 52                                                                     July 2005
                           40
                                  35 37                                        March 2008

                                                   6      6     4          3     4                3      3     3
                                                                                        2

        Very                Somewhat               Somewhat                  Very                     dk/na
       positive              positive               negative                negative

As noted in the interim report, four “key strengths” were emphasized across the country in
support of the auxiliary role of the Canadian Red Cross. They include:

19
  Q35R
Overall, would you say your view of the Canadian Red Cross is positive or negative? Would that be very or somewhat positive?




                                                                                                                               39
           • The ability to mobilize human, financial and material resources;
           • The broad reach of the Canadian Red Cross nationally and the even broader
             network that exists through the Movement;
           • The organization’s leadership in fostering an ethic of volunteerism; and
           • The Fundamental Principles.

Participants felt that the Fundamental Principles were in full accord with Canadian values and
culture and in that respect presented no impediment to Canadians’ acceptance of the auxiliary
role. As the ethical base for the Movement and the Canadian Red Cross, the Fundamental
Principles were seen as resonating well with youth, Aboriginal groups and new immigrants.
They were also seen as a “passport” allowing the Society to bridge political, cultural, religious,
racial, ethnic and social divides. In addition, many comments were made concerning how
effective both the Movement and the Canadian Red Cross have been in ensuring that the
Fundamental Principles permeated every aspect of the Society’s behaviour and decision-
making.

The Canadian Red Cross was often seen by government participants as a strategic asset, as an
organization that can make a contribution to public policy and be fully integrated into system-
wide planning for emergency management and pandemics. This was often supported by a
common remark heard from government representatives, especially those involved in
emergency management: “We come to you [the Red Cross] because of what you can do, not
because of your auxiliary role.” Furthermore, it was noted in the Montréal consultation that
one of the Society’s major assets, as far as public authorities are concerned, is its
organizational capacity. This has been demonstrated through the Society’s reliability and
predictability in emergency and crisis situations.


In essence, the main value of the Canadian Red Cross to Canadian public authorities resides:
         • in the nature of its work: building a resilient civil society and providing
           emergency response capacity
         • in the manner in which it achieves this goal efficiently by mobilizing the power
           of humanity through volunteers and other donated resources.

This work, of course, is facilitated by the symbolic strength of the emblem, which in times of
difficulty serves both as a rallying point for those in need and those who wish to give help and
support. In this sense, the “auxiliary status” is not a tool to grant a specific role or advantage to
the Society but rather, as previously noted, a reminder of the Society’s mandate and role.




40
This perception of the National Society’s added value to government in Canada is generally in
line with the view of other countries. In the international consultations, it was noted that sister
National Societies have the impression that their governments see their added value in a range
of general qualities, including that of being a reliable, competent and trustworthy partner with a
strong volunteer base and a national and international network for operations.

Moreover, the traditional discreet diplomacy employed by the Movement has served it, and
particularly the ICRC, well for over 140 years. The private advocacy of the Movement,
including that by National Societies, has often achieved remarkable humanitarian successes
precisely because of the confidence felt by public authorities in the Red Cross and Red
Crescent, based on long experience, and the fact that such representations were private, thus
avoiding public confrontation or controversy.

A significant aspect of such advocacy has been the Movement's reputation for what may be
termed “realistic idealism”, for achieving practical results for the benefit of persons in need.
Henry Dunant, in A Memory of Solferino, advocated a practical, realistic prescription to help
the wounded and sick on the battlefield. Dunant detested war as much as anyone else, but he
recognized that, since war exists, one must do what one can at a practical level to attenuate its
horrors.

A recent article by Stephen E. Flynn in Foreign Affairs entitled “America the Resilient –
Defying Terrorism and Mitigating Natural Disasters” addressed the vital issue of citizen
engagement. Flynn observed that when it comes to perils of the 21st century such as terrorism
or natural disasters, Americans are generally unprepared.20 He pointed to a June 2006 report
issued by the US Department of Homeland Security on disaster preparedness that found a
quarter of state emergency operations plans and about one in ten municipal plans were able to
deal with a terrorist attack or natural disaster. Overall, plans were deemed “not fully adequate,
feasible, or acceptable to manage catastrophic events”.21

Even more troubling, said Flynn, is that the American public has been shunted to the margins
by a post-9/11 US approach that failed to draw on the “legacy of American grit, volunteerism,
and ingenuity in the face of adversity”. 22 The very nature of these challenges, he adds, is that
they require “the broad engagement of civil society” and can only “be managed by an
informed, inspired, and mobilized public”. Societal resilience, traditionally a great national
strength, has been allowed to slip. As he notes:

20
   Stephen E. Flynn, “America the Resilient – Defying Terrorism and Mitigating Natural Disasters”, Foreign
Affairs, March-April 2008. p. 2
21
   ibid. p. 3
22
   ibid. p. 3


                                                                                                        41
              ...this reservoir of self-sufficiency is being depleted. The United States is
              becoming a brittle nation. An increasingly urbanized and suburbanized
              population has embraced just-in-time lifestyles tethered to ATM machines
              and 24-hour stores that provide instant access to cash, food, and gas. When
              the power goes out and these modern conveniences fail, Americans are
              incapacitated.23

The way to build resilience, according to Flynn, is through volunteers. The U.S., he says,
needs the type of resilience displayed by Londoners as bombs rained down on their city during
the Second World War. “Volunteers,” he said, “put the fires out, rescued the wounded from
the rubble, and then went on with their lives until the air-raid warnings were sounded again.”
Building this type of resourcefulness, he insists, requires providing adequate support to various
groups including “the National Guard, the American Red Cross, public health officials,
firefighters, emergency room staffs, and other emergency planners and responders.” 24

Some might say that Flynn was stating the obvious on the importance of the voluntary sector in
emergency management. Both States and the Movement have recognized for some time the
need to work more closely together to build capacity and resilience within civil society. This
resilience is based upon not only the self-sufficiency of individual citizens, but also the
collective benefit that accrues to a state of having a well-organized and trained cadre of citizens
whose talents would serve to “supplement or substitute” those of the State in a major
emergency. This is an important and necessary public policy goal, but perhaps the more
pertinent question is: “How can this be accomplished?” Almost a decade ago, realizing that it
faced an entirely new paradigm, the Movement sought to enhance the relationships between
National Societies and States.

The Canadian Red Cross’ role in building this “informed, inspired, and mobilized public” is
well demonstrated by the Ready When the Time Comes (RWTC) Programme. RWTC is an
extensive network of well-trained volunteers from local companies and organizations that can
quickly mobilize in the event of a local, large-scale disaster. RWTC volunteers are “reserves”
who can be called up when a disaster response requires more than the local Disaster Services
Human Resources (DSHR) capacity.

Local companies and organizations partner with the Red Cross, allowing it to train their
employees as disaster response volunteers. Partners commit to making these employees
available for service for at least one day each year. When a local, large-scale disaster occurs,
the Red Cross calls the RWTC partners, which then deploy their volunteers.
23
     ibid. p. 2
24
     ibid. p. 6


42
All RWTC volunteers are provided with an overview of the Canadian Red Cross and the
Movement, participate in the Introduction to Disaster Services course, and are trained to
perform in one or more of the following disaster relief functions:
           • Shelter/Reception Centre services including Family Reunification, Lodging,
             Feeding, Clothing, Personal Services, and Reception and Information
           • Community Outreach
           • Other services that may be related to the organization’s professional activities
             (e.g. call centre staff answering disaster inquiries)

RWTC partners report that the program raises employee morale and shows employees, clients
and the community that the partner is actively involved in addressing community needs and
concerns. RWTC also demonstrates to disaster clients and their neighbours that the partner
cares and wants to help. Employees can volunteer without a major time commitment. This is
just one of many Red Cross programmes that aim to empower and build civil society
resilience.

ii) International

In early 2008, the Canadian Red Cross commissioned a consultant to “conduct a review of
value added by the international efforts of the Canadian Red Cross to the Government of
Canada” in the international sphere.

The subsequent report, tabled with the Society in July 2008, conceptually laid out the future
added value of the Canadian Red Cross to the Government of Canada and proposals for how to
articulate the value added in order to renew dialogue with the government to establish a
sustainable partnership.

The perceptions of the added value of the Red Cross in relation to the Society’s international
work included:
           • The strength of the global network of National Societies;
           • The capacity in disaster response, disaster preparedness and health;
           • The organization’s independence (with some qualifications about how that may
             vary from country to country);
           • The possibility to promote key issues for Canada, such as gender equality,
             through the Movement and the policy meetings to which the Government of
             Canada has access;
           • The value of counterpart relations between the Canadian Red Cross and other
             National Societies and the potential for peer-based learning;


                                                                                            43
            • The value of work with and through Red Cross local branches in Canada to
              develop awareness of international issues and the capacity and motivation for
              action on them; and
            • The access that National Societies provide to countries with limited international
              relations, providing the Government of Canada with a channel (through
              Federation or ICRC programs) for humanitarian and/or development assistance;
              this may also provide a possibility to maintain contact with and even visits to the
              country.

Of particular note, the report concluded that
         ...in order to attain the overarching goal of the Canadian Red Cross to make a
         significant difference in the lives of the most vulnerable in the international
         arena, the Society must further develop its capacity as a reliable operator
         multilaterally and bilaterally. To achieve this objective, it is critical for the
         Canadian Red Cross to have sustainable partnership with the Government of
         Canada.25

It is interesting to note that the strengths of the Canadian Red Cross and the added value of all
National Societies to government relationships echo the Movement’s strengths as a whole, as
identified in the “Tansley Report” in 1975:
            • Reputation: People all over the world have a positive attitude towards the Red
              Cross.
            • Relevance of Red Cross Action: Red Cross activities are clear and relevant,
              particularly to Governments. The Red Cross seldom faces the need to justify its
              existence. Its fields of endeavour, protection, assistance, and health and welfare
              provide their own justification because of the very magnitude of unfilled
              humanitarian needs.
            • Experience and History of Achievement: A great deal of the favourable image of
              the Red Cross across the world can be traced to the fact that, over the past 110
              years, it has been present during events that moved people deeply: wars, natural
              disasters and epidemics.
            • Network of Indigenous National Societies: The international network of
              indigenous National Societies places the Red Cross in a unique position with its
              almost dual nature local organization and a global organization.
            • Dedication of Individuals: The strength of the Red Cross is fuelled by its ability
              to tap into the skills of volunteers and their desire to serve.


25
   Report commissioned by the Canadian Red Cross Society – Canadian Red Cross International Operations:
Strategy and Relations with the Government – 2008


44
In brief, if numbers are any indicators of an overall good relationship, and confidence, the sum
that the Society received from governments of all levels and jurisdictions in 2006-2007 totalled
over $270 million, of which $19.6 million was from the Federal government, $104.1 million
from provincial governments and $2 million from the municipal level. This represents close to
47 percent of the Society’s total revenue of $270 million.

The size, scope and nature of the relationship can definitely be qualified as an operational
symbiosis. This relationship was particularly well expressed in 1979 by Jean Pictet when he
wrote:

            Even though the auxiliary status of Red Cross Societies is mentioned in the
            Proclamation only in an incidental manner, noting that the Societies are
            auxiliaries in the humanitarian services of their Governments and subject
            to the laws of their respective countries, and under a heading which does not
            use the word “auxiliary,” this auxiliary status nevertheless constitutes one of
            the fundamental principles of the Red Cross. Because of it, the Red Cross is
            at one and the same time a private institution and a public service
            organization. The very nature of the work of the National Red Cross
            Societies implies co-operation with the authorities, a link with the State.
            Furthermore, as the Proclamation emphasizes, these Societies are subject to
            the law of the land; it could not be otherwise.26 [emphasis added]


In brief:
                         Relationship with public authorities: Strengths
       Ø The Canadian Red Cross has a good overall reputation with public authorities
         (very supportive stakeholders)

       Ø The work and expertise of the Canadian Red Cross is valued by public authorities:
         building a resilient and empowered civil society by mobilizing the voluntary
         sector

       Ø The local, regional, national and international scopes of the Red Cross are
         particularly valued




26
     Jean Pictet, The Fundamental Principles of the Red Cross: Commentary. Henry Dunant Institute, p. 63.


                                                                                                            45
2) Shortcomings

i) Siloed View of the Society


Through the public consultations, it became apparent that the Society’s interlocutors often have
a “siloed” view of the Society. One senior provincial public service employee said after the
consultation in St. John’s, Newfoundland: “I was embarrassed about how much I didn’t know
about the Canadian Red Cross.” A representative of a major NGO who works closely with the
Society told the Winnipeg meeting: “I was blown away by the scope of Canadian Red Cross
programs and services... and I’m an informed stakeholder!”

There was also general understanding that the auxiliary concept and specific auxiliary roles
need to be better communicated at every level of government and with multiple agencies
within those governments. Indeed, the Society’s vast scope of activities touches many levels
of government as well as many different departments and ministries. Agreements with
government are most commonly structured between a specific department, or ministry, and the
Society, and this contributes to the fragmented view of the Society, and the lack of a strategic
approach. The Society is often seen as a cost-effective implementer of Government policy.

Consequently, engagement and the dialogue around public policy issues and humanitarian
affairs and particular humanitarian advocacy are limited. Engagement on humanitarian affairs
cannot occur solely at a departmental level since such matters are often cross-cutting and
multidisciplinary in nature. Both the public, as well as Government stakeholders, generally felt
that a greater and more active policy capacity, particularly in areas of core competence of the
Red Cross, such as protection and humanitarian action and access, as well as flagging of
emerging issues at thematic and country levels, may be warranted.

The Society cannot afford to have such a reactive approach to Government relations. The
Fundamental Principles and particularly those of Humanity, Independence and Impartiality
require that the Society be able to proactively engage on humanitarian issues and advocate on
behalf of the most vulnerable. Moreover, this input can be beneficial to government since it is
most often a by-product of the Society’s operational experience.

Sister National Societies mentioned being notably appreciated particularly for their ability to
debate policy with government from well-founded positions, for their role in building civil
society and for the ability to take on challenging humanitarian actions in politically charged
environments.




46
ii) Lack of Strategic Provincial Relations

As mentioned in Part I, the Society has an operational presence in all of the provinces. In eight
of these, the Society has formalized its role, particularly in times of disaster, by signing an MOU
with the provincial government. This is notably the case in Quebec, where the agreement
outlines the whole range of services to be offered to victims from shelter to registration and
information (R&I). Moreover, the MOU is specifically predicated on the base of the Society’s
auxiliary role as the title reveals: “Entente cadre de collaboration relative a l’intervention de la
Société canadienne de la Croix-Rouge, division du Québec, comme auxiliaire des pouvoirs
publics entre le Ministère de la Sécurité Publique et la Croix Rouge Canadienne Division du
Quebec.” Conversely, in two provinces, Alberta and New Brunswick, the Society has no
agreement with the provincial authorities. This is also true of the relationship between the
Society and the Territories, where no formalized agreement exists. However, this does not mean
that the Society is not operational in times of disaster. In the two above-mentioned provinces,
the Society does have agreements with most major municipalities. For example, despite the lack
of a provincial agreement during the floods in New Brunswick in 2008, Red Cross volunteers
conducted relief and recovery efforts to aid the victims of the floods. Agreements with the
provinces improve preparedness and the overall effectiveness of the response.

However, even in provinces where MOUs have been reached, the relationship is much like at the
federal level—siloed. The Society’s agreements with the provinces are most often related to
emergency management or health. Seldom is there an all-encompassing whole-of-Canadian Red
Cross / whole-of-province approach. Indeed, at the provincial or territorial level there exist
cross-cutting humanitarians. Much like at the federal level, engagement on humanitarian affairs
cannot occur solely at a departmental level because such matters are often cross-cutting and
multidisciplinary in nature.

In brief, at the provincial level two problems exist:

           1. The lack of formalized agreements in each province (in accordance with the
              province’s needs)
           2. Current agreements with provinces do not address all of the humanitarian issues
              in all-encompassing manner.




                                                                                              47
iii) Legal status and joint obligations under international law

A) Legal Status

As was amply discussed in the Interim report27, the Society’s auxiliary status, that is the formal
recognition required by the Movement’s Statutes, is unclear. Indeed, the textual recognition
requires that the National Society “be duly recognized by the legal government of its country
on the basis of the Geneva Conventions and of the national legislation as a voluntary aid
society, auxiliary to the public authorities in the humanitarian field”. A clear statement on the
basis of Canadian national legislation does not exist.

Although the Letters Patent mention that the Canadian Red Cross is “recognized by the
government as a voluntary relief society, auxiliary to the public authorities”, unlike the
Canadian Red Cross Society Act, the Letters Patent are not part of the public law. As well,
there is no reference to auxiliary status in the Act. Therefore, strictly speaking, the Canadian
Red Cross does not satisfy in law a basic condition for recognition within the Movement.

B) Joint Obligations

a) Dissemination of IHL

As previously noted, one of the key interactions between the Society and the Government of
Canada takes place in relation to the dissemination of IHL. The Canadian National Committee
on Humanitarian Law is one of the main points of contact on this issue. Although the goals of
the committee are ambitious, they are unattainable for a variety of reasons. The committee has
neither a legal basis for its activities nor funding. It also lacks an accountability structure and
collective policy guidance from elected officials. At most, individual representatives can speak
for their respective department but no one can speak for the Government of Canada as a whole.
In addition, the Canadian Red Cross’ role in the committee is less than clear and risks
offending the Movement’s Fundamental Principles concerning Neutrality and Independence.

b) Emblem Protection

Canada’s Geneva Conventions Act integrates into Canadian law the provisions of the Geneva
Conventions, including articles 53 and 54 quoted earlier. It makes the Regulations on the use
of the Red Cross and the Red Crescent by National Societies28 legally binding as a matter of
domestic legislation. The Act also reiterates in domestic legislation the Canadian

27
     Pages 47 to 51 of the Interim Report
28
     Available at: http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMBG


48
Government’s obligation to protect the Movement’s emblems at all times. The Act is,
however, deficient since there are no specific mechanisms or procedures for enforcement in the
absence of an armed conflict. In situations of armed conflict, the alleged emblem misuse must
result from an act of perfidy (a grave breach of the Convention) and death must ensue from that
breach. The Geneva Conventions Act is therefore not a tool to protect the emblems from other
forms of misuse, which can occur as peacetime commercial use of the emblems.

The Trade-marks Act does have provisions for the protection of certain emblems, as follows:
         9. (1) No person shall adopt in connection with a business, as a trade-mark or
         otherwise, any mark consisting of, or so nearly resembling as to be likely to
         be mistaken for,
                …
               (f) the emblem of the Red Cross on a white ground, formed by
               reversing the federal colours of Switzerland and retained by the Geneva
               Convention for the Protection of War Victims of 1949 as the emblem
               and distinctive sign of the Medical Service of armed forces and used by
               The Canadian Red Cross Society, or the expression "Red Cross" or
               "Geneva Cross";
               (g) the emblem of the Red Crescent on a white ground adopted for the
               same purpose as specified in paragraph (f) by a number of Moslem
               countries;
               (g.1) the third Protocol emblem — commonly known as the “Red
               Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the
               Geneva Conventions Act and composed of a red frame in the shape of a
               square on edge on a white ground, adopted for the same purpose as
               specified in paragraph (f);
               (h) the equivalent sign of the Red Lion and Sun used by Iran for the
               same purpose as specified in paragraph (f);

The Act prohibits the use of the emblems in connection with a business and prohibits their
registration as registered trademarks. In essence, the Act creates private rights for owners or
interested persons enforceable in Federal Court.

There is a variety of deficiencies inherent in the protection scheme under the Trade-marks Act.
The first is the inherent tension between private rights and public interest. The Act protects
private rights; emblem protection is a public responsibility in the public interest. It is true that
prohibiting the emblem from being registered as a trademark and permitting litigation to
protect that mark constitutes legislative protection from the commercial use of the emblems.


                                                                                              49
However, the matter does not end there. In order to protect the emblem from commercial use,
one must either be the owner of the emblem or an interested party. Since the emblem cannot
be registered or used as a trademark, no one owns the emblem for the purpose of this Act. In
respect of interested parties, it can be said that the Canadian Red Cross, entitled as it is to use
the “Red Cross” (see the Canadian Red Cross Society Act) is an interested party when it comes
to protecting the “Red Cross” on a white background. However, it is doubtful that the same
can be said in respect to the “red crescent” or “red crystal”. On the other hand, the Attorney
General of Canada is, pursuant to the Act, always an interested party.

When an interested party pursues enforcement under the Trade Marks Act, it does so in all but
a few limited circumstances by undertaking litigation before the Federal Court. This is time
consuming and expensive. In addition, not all stakeholders are participants in the litigation
[e.g. the Federal government] and therefore cannot shape its progress. When the Canadian Red
Cross proceeds with litigation in this area, it is taking donor funds away from providing aid and
diverting them to the performance of a public responsibility of government. The funding of the
performance of a public responsibility should be shared among all citizens and not be
dependent on the generosity of a few.

The Canadian Red Cross can embark on an education process to ensure that the emblems are
not misused, or at least used in accordance with the Geneva Conventions Act. It is, however,
only an interested party and asking it to initiate litigation to protect the public interest without
the participation of the Government of Canada provides only limited protection to the
emblems. The protection is limited in that there is no public policy input to the litigation
process and the funding of the litigation is dependent on the financial capabilities of a not-for-
profit charitable organization. Emblem protection is in the public interest and is a government
responsibility in which the Canadian Red Cross is but one possible participant.

The Canadian Red Cross Society Act provides protection for all unauthorized uses of the
emblem in peacetime by creating two offences as follows:
         4. (1) No person shall fraudulently represent himself or herself to be a
         member or representative of, or agent for, the Society for the purposes of
         soliciting, collecting or receiving money or material.
         (2) No person shall wear, use or display for the purposes of his or her trade or
         business, for the purpose of inducing the belief that he or she is a member or
         representative of, or agent for, the Society or for any other purposes
         whatsoever, without the Society’s written authorization, any of the following:
               (a) the heraldic emblem of the Red Cross on a white ground, or the
               words “Red Cross” or “Geneva Cross”;


50
               (b) the emblem of the Red Crescent on a white ground, referred to in
               Article 38 of Schedule I to the Geneva Conventions Act, or the words
               “Red Crescent”;
               (c) the third Protocol emblem — commonly known as the “Red
               Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the
               Geneva Conventions Act and composed of a red frame in the shape of a
               square on edge on a white ground, or the words “Red Crystal”; or
               (d) any other word, mark, device or thing likely to be mistaken for
               anything mentioned in paragraphs (a) to (c).
         (3) Every person who contravenes subsection (1) or (2) is guilty of an
         offence, and is liable on summary conviction to a fine of not less than $100
         but not more than $500, or imprisonment for a term not exceeding one year,
         or both, for each offence, and any goods, wares or merchandise on which, or
         in connection with which, any of the emblems or words mentioned in
         paragraphs (2)(a) to (c) or any coloured imitation of them were used are
         liable to forfeiture to Her Majesty in right of Canada. The proceeds of the
         fine so collected shall be paid to the Society.
         (4) No person contravenes subsection (2) by wearing, using or displaying the
         emblem or words referred to in paragraph (2)(b) or (c), or any other word,
         mark, device or thing likely to be mistaken for them, if the person has done
         so lawfully since before the coming into force of this subsection.


These provisions are antiquated and need modernization in terms of language, penalties and
Charter of Rights and Freedoms compliance. The enforcement of this offence requires the
involvement of an interested police force and a crown attorney’s office interested in utilizing
scarce resources to prosecute such offences. Alternatively, private prosecution is available. If
the Canadian Red Cross undertakes a private prosecution, it places itself in a difficult situation
where a humanitarian organization would be using donor funds (given for the purpose of
alleviating human suffering and not causing it) to pursue the judicial punishment of a potential
donor. The irony is not lost on the objective observer. It bears repeating that emblem
protection is in the public interest and is a public responsibility. Seeking to potentially deprive
a citizen of his or her liberty in support of a public responsibility is the function of the State
and not a private responsibility. Furthermore, private prosecutions are prohibitively costly to
undertake. It is strongly suggested that private prosecutions are not the appropriate way to
provide for emblem protection.

The above legislative mechanisms to protect the emblems from misuse, while having some
utility, are deficient to the point that emblem protection is seldom enforced, frequently


                                                                                             51
challenged, insufficiently funded, devoid of public policy input from government stakeholders
and totally dependent on a non-profit voluntary organization to protect the public interest.

The fact remains that many people mistakenly believe that the Red Cross name and emblem is
in the public domain and that its use is unrestricted. It becomes imperative to the safety of Red
Cross workers that civil society is educated in the neutral political position of those who
provide aid in any conflict. The importance of the need to protect the emblem and educate the
public on the symbolism of the emblem and the Fundamental Principles of the Red Cross was
particularly noted in Canada during the Oka Crisis in 1990. The Fundamental Principles of
Neutrality, Impartiality and Independence afforded the Canadian Red Cross the unique ability
to provide food and medical supplies to those behind the barricades at Kanesatake and
Kahnawake in Quebec. The Red Cross once assured that all parities understood and respected
its neutral role, provided aid. However, there were occasions when the issue or principles of
Neutrality and Impartiality needed to be re-addressed when the Red Cross was mistakenly
accused of being politically aligned with parties to the disturbance. This was problematic in
the continual need for the Red Cross to send out communications and press releases in the
midst of the disturbance in order to educate engaged parties and the general public on the Red
Cross’ Fundamental Principles.


In brief:
                  Relationship with public authorities: Shortcomings
     Ø “Siloed” relationship between the Canadian Red Cross and public authorities
           • Project-by-project approach, the Canadian Red Cross is a cost effective
              “implementer”
           • Limited reciprocal policy dialogue
           • Reactive relationship, not a strategic proactive approach
     Ø Limited dialogue
          • Limited reciprocal policy dialogue
          • Quality of engagement could be better and at a different level
     Ø Limited strategic relationships with the provinces
          • The lack of formalized agreements in each province (in accordance with the
              province’s needs)
          • Current agreements with provinces do not address all of the humanitarian
              issues in all-encompassing manner
     Ø Federally and provincially, the legal framework of the Canadian Red Cross is not
       what it should be:
          • Auxiliary status unclear
          • Joint responsibilities unclear: emblem, IHL (CNCHL)



52
Part III Recommendations: Partnering to building resilient
         Communities

1) First recommendation: Formalize the relationship between the
  Government of Canada and The Canadian Red Cross Society by updating
  the Canadian Red Cross Society Act

As noted in Part II, the relationship between the Government of Canada and The Canadian Red
Cross Society is often siloed. Moreover, the relationship also suffers from a lack of defined
roles, especially in the area of emblem protection. The Society also lacks the fulfillment of the
conditions of recognition required by the Movement’s Statutes and the CNCHL lacks a clear
mandate and accountability structure.

The governance machinery of the Canadian Red Cross is best served by the current corporate
governance process enveloped by its Letters Patent pursuant to the Canada Corporations
Act.29 The Canadian Red Cross Society Act is antiquated, outdated and should be replaced.
Indeed, the Canadian Red Cross Society Act is nearing its centennial. The most recent change
to the Act was in June 2007 to reflect the addition of the new red crystal emblem under the
provisions of the Third Additional Protocol to the Geneva Conventions. Prior to that, it had
been last amended in 1950. The relationship between the Act, the Letters Patent and the
Society’s bylaws is often unclear. The Act also does not contain all of the provisions required
by international law and the Movement’s Statutes.

In its place should be a modern statute that reflects the best of the humanitarian ideals
committed to by the Government of Canada and the Canadian Red Cross. On a practical note,
some may wonder if the current situation prevents the Society from carrying out its activities.
Clearly, the answer is “no”. Nothing in the current Act prevents the Society from fulfilling its
humanitarian tasks. However, an unbending attachment to the status quo fails to grasp the
advantages that new legislation would offer in terms of re-invigorating and renewing the
mandate of a great national humanitarian institution that is part of an even greater international
humanitarian organization. It is also an opportunity to profile Canada’s leadership and
commitment within the Movement.

As previously mentioned, rather than focusing on what specific roles are to be considered
auxiliary, the solution lies in establishing a process to a relationship and creating a venue where
29
  It should not be inferred from this that the Canadian Red Cross is content with the current legislative framework
for federally incorporated not-for-profit corporations. Rather, the Canadian Red Cross has been supportive of two
federal bills introduced in recent years to bring much needed reform to the dated regulatory structure governing
such corporations in Canada. Unfortunately, both bills died on the order paper.


                                                                                                           53
humanitarian matters, including the auxiliary roles, can be discussed with governments as a
whole. The statute should therefore reflect the model of cooperative and consultative
engagement reflected at the international level by the Movement and States Parties. This
engagement needs to allow for the obligation of the parties to fulfill their responsibilities in a
fashion that respects their institutional requirements. For example, the Canadian Red Cross
must be able to engage with government while respecting the Movement’s Fundamental
Principles and Statutes. The Government of Canada, on the other hand, needs to have
meaningful engagement in order to fulfill its responsibilities under both international and
domestic law. This meaningful engagement can occur in four areas:
           • Legislative provisions to regularize the recognition by the ICRC of the Canadian
             Red Cross [i) Recognition];
           • A legislative mechanism for respectful but meaningful engagement between the
             Government of Canada and the Canadian Red Cross [ii)Engagement];
           • A legislative mechanism for the dissemination of IHL [iii) International
             Humanitarian Law];
           • Emblem protection [iv) Emblem Protection].

One of the aims of the contribution agreement was “to initiate possible legislative changes to
the existing legal framework of The Canadian Red Cross Society”. On this note, in order to
provide a concrete example of possible legislative changes, a sample draft bill will be used to
introduce matters progressively and provide comments on the matters being introduced. The
language of the suggested statute is meant to accomplish the policy objective sought and not
to provide legal drafting language, which is the Government’s responsibility.

i) Recognition

There is no doubt that the Canadian Red Cross has been recognized by the ICRC and the
Movement. Demonstrating this in a clear and straightforward manner is another matter.
Historical research, inference and interpretation lead to the conclusion that, although the
recognition exists, it can easily be characterized as ambiguous. As discussed in Part 1, the
Movement’s Statues demand that several criteria be met before a National Society is
recognized. The nature and antiquity of the Canada Red Cross Society Act are such that there
is some question as to the ICRC’s de jure recognition of the Society; a recognition it has had
de facto since 1927. In the centenary of the Canadian Red Cross, its recognition by the
Movement should not rest on ambiguity and we should seize the opportunity to regularize the
basis for that recognition in law as required by the Movement’s Statutes and as agreed to by
States Parties, including Canada.




54
An updated statute should ensure that:
           • The Canadian Red Cross is the National Red Cross Society for the purposes of
             the Geneva Conventions Act;
           • The Canadian Red Cross is entitled to use the Red Cross emblem;
           • The Canadian Red Cross is the only National Society of the Red Cross in Canada
             and is entitled to operate throughout Canada;
           • The Canadian Red Cross is recognized as a voluntary aid society auxiliary to the
             public authorities in the humanitarian field;
           • The Canadian Red Cross shall be required to adhere to the Movement’s Statutes
             and act at all times in accordance with the Movement’s Fundamental Principles;
           • The Government of Canada shall respect adherence by the Canadian Red Cross
             to the Fundamental Principles.

All of these are conditions required for the ICRC’s recognition of a National Society.

ii) Engagement

Part II identified that one of the major weaknesses of the relationship between the Society and
public authorities is that the dialogue is often siloed and reactive. A proactive process of
engagement can be achieved through legislative support to ensure adherence to the
Movement’s Fundamental Principles on the one hand and accountability for good governance
by both parties and to the public on the other hand.

The creation in law of a Liaison Committee can provide for a forum within which the
cooperative and consultative engagement envisioned above and already in existence, at the
International Conference, could occur. The Committee could bring together the head of the
Canadian Red Cross or his or her deputy together with Ministers of the Crown designated for
this purpose by the Government of Canada. A “Lead Minister” could be designated by the
Governor in Council and the Committee itself could create its own process for engagement in
the areas of consultation. In addition, this Committee could provide a report through its “Lead
Minister” to Parliament informing Canadians of the state of engagement between the
Government of Canada and the Canadian Red Cross. This would allow for high-level strategic
engagement on humanitarian issues, the Society and the Government would meet with each
other institutionally: a whole of Canadian Red Cross, whole of government approach. The
Committee would meet annually but could do so more frequently should circumstances
warrant. This mechanism for engagement would fulfill the expectations of Canadians and meet
the obligations of both the Canadian Red Cross and the Government of Canada under the
Geneva Conventions.


                                                                                          55
In addition to creating a Liaison Committee, the statute should have provisions that would
assist the Canadian Red Cross in the performance of its auxiliary role by identifying the areas
and/or events where the Government should consult with the Canadian Red Cross.
Information could be shared, perspectives exchanged, expertise solicited, and capacities to act
verified through such a process of engagement. Identified areas of consultation could be:
           • When a Public Welfare emergency, Public Order National emergency,
             International emergency or war emergency is declared by the Government of
             Canada pursuant to the Emergencies Act;
           • When the Canadian Forces are called out in aid to the civil power under the
             National Defence Act;
           • When the Government of Canada enters into an armed conflict of an
             international or non-international character;
           • When a situation arises that is critical, seriously endangers the lives, health or
             safety of Canadians and is of such proportions or nature as to exceed the capacity
             or authority of a province to deal with, or that seriously threatens the ability of
             the Government to preserve the sovereignty, integrity and territorial integrity of
             Canada but that falls short of a declared emergency under the Emergencies Act;
           • When embarking on a national program of public awareness, education or
             training related to emergency management or IHL;
           • When establishing national standards in respect of emergency management;
           • When embarking on a national program of public awareness, education or
             training related to the improvement of health, prevention of disease, and the
             mitigation of suffering and where the Canadian Red Cross is a participant;
           • Prior to an International Conference of the Red Cross and Red Crescent and in
             follow-up to the Conference to address the humanitarian agenda;
           • In the event of a major international humanitarian emergency or disaster to
             which the Government of Canada is responding.

Consultation in these areas permits a level of engagement that can be left up to the two parties.
In some areas, consultation may lead to formal practices and even agreements on better ways to
interact while in other areas more efficient and less formal practices may constitute the norm.
The issue is to provide for an engagement that does not presume to force any greater
commitment than a dialogue. This would allow the parties to develop and solidify
relationships and activities around core areas essential to both institutions and provide a model
for engagement that both parties can put forward in the fulfillment of their obligations to their
constituencies and the Movement.




56
iii) International Humanitarian Law

The deficiencies noted in Part II can be addressed by identifying in new legislation the
dissemination of IHL as a matter for consultation. This consultation could occur through the
creation of a subcommittee to the engagement committee described above. The purpose of the
subcommittee would be to advise its parent committee on the dissemination of IHL and deal
with issues of joint responsibility under IHL such as Restoring Family Links. This process
would bring the necessary stakeholders together with the appropriate expertise to provide
advice on this issue. Both the Government of Canada and the Canadian Red Cross would then
be in informed positions to fulfill their statutory obligations.30

iv) Emblem Protection

The deficiencies outlined in Part II may be corrected by redrafting the offences and bringing
together the various stakeholders with an interest or duty to protect the emblem in a forum that
would allow them to review serious alleged misuses and make appropriate referrals to the
authorities for the disposition of the allegations. Such a group could monitor progress and
report on the disposition of allegations. In this way, the Government and the Canadian Red
Cross can be assured that their obligation in both law and policy are being actively fulfilled.

v) Draft Statute

As previously noted and based on the above recommendations, a draft statute was developed to
provide concrete examples of possible outcomes for this first recommendation.

The mechanisms proposed in the draft statue ensure that issues of joint concern are dealt with
efficiently and that the right actors are at the table. The draft statute also proposes reporting
mechanisms to Parliament, ensuring democratic checks and balances. It also enables both
parties to have the flexibility to respect their respective policies, priorities and regulations. In
the case of the Government of Canada, this means the ability to respond to the political
direction of the law and, for the Canadian Red Cross, this means being able to respect the
Fundamental Principles. In the end, the “auxiliary status” does not grant a competitive
advantage or a “privileged status” to the Canadian Red Cross. Rather, as previously
mentioned, it serves as a reminder to the State and its citizens that the State has created and
recognized a National Society to aid in humanitarian matters. It does not grant any privileges
per se.

30
   Many States have created National Committees on Humanitarian Law through legislation. See: Table of
National Committees and other Bodies on Humanitarian Law; December 31, 2007; ICRC. Available at:
http://www.icrc.org/web/eng/siteeng0.nsf/html/table-national-committees.


                                                                                                         57
The proposed recommendations are meant to ensure increased clarity of purpose, transparency
and accountability. Please refer to Appendix A for the example of a draft statute with
commentary.

As noted above, the language of the suggested provisions is meant to accomplish the policy
objective sought and not to provide legal drafting language, which is the government’s
responsibility.


In brief:
                               First recommendation:
            Formalize and solidify the relationship by updating legislation:

     Ø Providing for the relationship between the Canadian Red Cross and the
       Government of Canada (whole-of-Canadian Red Cross / whole-of-Government of
       Canada approach)
        • Liaison Committee
        • Consultative Process

     Ø Providing for the 10 conditions of recognition
        • Auxiliary status recognition
        • Fundamental Principles

     Ø Providing enhanced emblem protection
        • Updating criminal provisions
        • Creating a protection mechanism

     Ø Providing for the Canadian Red Cross’ role in the dissemination of IHL
        • Strengthening CNCHL




58
2) Second recommendation: Formalize Strategic Relationships with
Provinces and Territories

As noted in Part II, the scope and quality of the interface between the Society and each of the
provinces is not cohesive from coast to coast. The Society has agreements as to its role,
particularly in disaster management, in most provinces; however, in provinces such as Alberta
or in the territories, the Canadian Red Cross lacks a formal relationship with the public
authorities.

Additionally, if the public consultations demonstrated anything, it is that much more work
needs to be done at the provincial, territorial and municipal levels to raise awareness of the
auxiliary role and to work toward some type of more formal recognition. Moreover, in
provinces where agreements with the provinces have been reached, the relationship is often
siloed and does not encompass the whole of the provincial government. Consequently, the
auxiliary relationship, as well as the Society’s national activities, are often misunderstood.

Although the Society’s presence in the territories is very limited, the public consultations in
Iqaluit revealed that there was recognition of the value of the Canadian Red Cross working in
cooperation with public authorities at all levels and in ensuring that Red Cross programs and
services are integrated into health and social plans. Participants expressed respect for the
Society’s work at home and abroad and for the emblem, and were very interested in a stronger
Red Cross presence in Nunavut. They saw parallels between the Fundamental Principles and
their cultural values and did not express concern over the challenge to balance independence
and auxiliarity.

It is recommended that efforts be made to encourage and develop cohesive relationships
between the Society and the provincial and territorial governments. The specific content of
each agreement may vary from province to province. Indeed, as auxiliary, the Society is called
upon to supplement or substitute public humanitarian services only if there is a need to do so.
A strategic relationship with the provinces and territories does not necessarily rest in the same
offer of services, rather it consists in a common understanding of the Society as auxiliary as
well as a common approach to the relationship based on the one proposed with the Federal
government.

Practically speaking, this exercise is one of both outreach and capacity building in the various
Canadian Red Cross zones. The Society and public authorities would engage in a holistic
manner, in addition to nurturing relationships and securing agreements with specific provincial
government departments. In the same way that it was recommended at the federal level that



                                                                                           59
the Society and Government adopt a “whole of government approach” to the relationship, the
same is to be said for its provincial relationships.

From a national standpoint, an enhanced role for the Canadian Red Cross in emergency
management at the provincial level would assist Public Safety Canada in raising awareness and
engaging Canadians about the important role that the Canadian Red Cross specifically, and the
voluntary sector in general, play in the safety and security of Canadians. Hence, it is in the
Department’s interest to accelerate the process of having provincial, territorial and municipal
public authorities and Canadians identify the Canadian Red Cross in its emergency
management auxiliary role.

The Society should aim to enhance relationships with local authorities by:
           • Engaging public authorities at the grass roots level on emergency management
             issues;
           • Engaging the voluntary and corporate sectors on emergency management issues
             and the role that individual citizens can play in enhancing the resilience of their
             community;
           • Formalizing and enhancing the Society’s role as a partner of public authorities at
             various levels across the country to enhance the nation’s capacity in emergency
             management.

This initiative would support the Government of Canada’s priority of building safer
communities and enhancing the quality of life in communities. Explicit in the government’s
approach to overall preparedness is the expectation and goal that Canadians will take the
necessary measures to prepare themselves on an individual level for risks and emergencies.

Emergency management requires a collective effort to mitigate the impact of, prevent or
prepare for, and respond to incidents of all types and scope known as “all hazards” in Canada.
This collaboration must be developed between all jurisdictions including the private sector and
non-governmental organizations, which is what the Canadian Red Cross does and in which it
has proven expertise and experience.

Finally, it is important to remember that a cohesive national presence is not just an advantage;
it is a requirement for a National Society. As mentioned in section 3.7 of the Movement’s
Statutes, a National Society must, as a condition of recognition, “extend its activities to the
entire territory of the State”. It therefore becomes imperative not only as a matter of sound
planning but also as a matter of identity and obligation under the Movement’s Statutes that the




60
Society ensure a cohesive and comprehensive relationship with all of the provinces and
territories.

In brief:
                              Second recommendation
        Strategic Relationships with Provinces and Territories be formalized:

   Ø The Society must continue to deepen engagement with the provinces

   Ø Formal agreements should be pursued with each province

   Ø A customized holistic relationship should be developed with each province to
     ensure a better understanding of the auxiliary role and to enhance the ability to
     respond to local needs



3) The Time to Act

i) The Call from the Movement

The Government of Canada, in a number of international fora, has committed itself to having
and promoting a National Red Cross Society on its territory. As a successor to Britain, it
acceded to the resolutions of the Geneva Conference of 1863, which provided for each country
to establish a “Committee” whose duty would be: “in time of war and if the need arises, to
assist the Army Medical Services by every means in its power”. States were further
encouraged to have a National Society by United Nations General Assembly Resolution 55 of
the 49th plenary meeting, November 19, 1946.

The term “legal base” is used by the Movement to reflect a National Society’s incorporating
statutes, which are often supplemented by additional rules or bylaws regarding specific internal
procedures. In addition, it consists of domestic legislation through which a government
formally recognizes its National Society and affords protection to the Movement’s emblems.
The terms “legal base” and “legal status” are used interchangeably in this document.

The Movement sees increased National Society capacity and effective partnership with States
as crucial in order to better serve the most vulnerable. The Movement has been focussing part
of its efforts on this legal base. A growing desire for National Societies to re-examine their
legal status has arisen in recent years. In recognition of this desire, the 27th International



                                                                                          61
Conference of the Red Cross and Red Crescent in November 1999 adopted a resolution that
provided for a Plan of Action that National Societies:
          3.3,14 (b) review their legal base and statutes to determine whether they
          needed to be updated. As part of this process they will consider the draft
          model law prepared by the Federation and the ICRC, the guidelines for
          National Society statutes and other relevant decisions of Movement and
          Federation statutory bodies.31

Canada, as a member of the International Conference, voted for this resolution. The Plan of
Action also provided that, in relation to the Auxiliary Role of National Societies, States would:
          ...where necessary, commit to further strengthening the capacity of the
          National Society of their own country, facilitating and supporting its role in
          response to new challenges in the national context.

Of particular interest is the legal status of the British Red Cross, Australian Red Cross and
American Red Cross. These National Societies are incorporated and recognized through
charters that are enacted by the Sovereign or Congress. Although each charter specifically
caters to the specific circumstances of each country, the chosen statutes, namely those of the
British Red Cross, Australian Red Cross and American Red Cross, are grounded in familiar
common law jurisdictions and the operating environments share many similarities with the
Canadian context.

The British Red Cross renewed its legal base by revising its Royal Charter in 2003 and its
Standing Orders in 2004. Its Charter explicitly recognizes the British Red Cross’ auxiliary
status in article 3, which states:
          The Society is recognised by Our Ministers as a voluntary aid society,
          auxiliary to the public authorities and particularly to the medical services of
          the armed forces in accordance with the Geneva Conventions for the
          Protection of War Victims of 12 August 1949 (as amended from time to
          time), and as the only National Red Cross or Red Crescent Society which
          may carry out its activities in Our Dominions.

Furthermore, the Society is authorized in Article 5.1 “to act as an autonomous auxiliary to the
public authorities in the humanitarian field, with a special role in enhancing respect for
humanitarian values and human dignity”.


31
   27th International Conference of the Red Cross and Red Crescent, Geneva, October 31 to November 6, 1999,
Plan of Action for the years 2000-2003, Annex 2 of Resolution 1, paragraph 14.B


62
The British Red Cross Charter provides for meaningful engagement between the British Red
Cross and the Government of the United Kingdom. This engagement requires the British Red
Cross to cooperate with Ministers of the Crown to ensure respect for IHL, its dissemination
and the protection of the Movement’s emblems.32

In 2006, the United States Congress began a performance management review of the American
Red Cross as part of its review of emergency management policies and procedures arising from
Hurricane Katrina. The American Red Cross’ original Charter dated back to 1900. Although
much of the Charter remained unchanged, Congress focussed its efforts on updating the
Society’s governance scheme. The Charter provides for the legal basis of recognition by the
ICRC, for emblem use but not emblem protection, and for engagement with the Federal
government by having senior Federal government representatives appointed to subcommittees
of the Board of Governors. The American Red Cross Charter reflects the particular evolution
of the Red Cross in the United States manifesting their experiences from Hurricane Katrina, the
events of September 11, 2001, and the trademark obtained by the pharmaceutical company
Johnson & Johnson in respect of the Red Cross emblem in the late 1800s. The Charter also
mandates the American Red Cross with specific roles such as serving as an intermediary
between deployed troops and their families at home. It also grants the use of a building for its
national office, establishes an endowment fund, and grants other privileges to aid the American
Red Cross in its mission.

In Australia, the Royal Charter of the Australian Red Cross was last reviewed in 2005. The
Charter incorporates and recognizes the purposes of the Society. It gives the organization a
specific mission in the dissemination of IHL and sets out the Society’s governance structure.
An overall review of the Charter is scheduled for 2008-2009.

Canada is virtually alone among like-minded western countries (US, Britain and Australia) in
not having conducted a recent review of its National Society’s statutory foundation. In 2006,
the Canadian Red Cross Society did its part to answer the call to renew its legal base by
adopting a modernized set of bylaws. However, it is now up to the Government of Canada to
do its part so that, at the next International Conference, it may profile itself as a leader and
demonstrate its commitment to the Movement.




32
   Meyer M., Protecting the Emblems in peacetime: the experiences of the British Red Cross Society; International
Review of the Red Cross no 272, p. 459-464. Available at :
http://www.icrc.org/web/eng/siteeng0.nsf/html/57JMBB



                                                                                                         63
ii) The Call of the Changing Times

One of the overarching lessons of recent history is that the scale and complicated nature of
today’s humanitarian challenges require a much more integrated approach by all concerned
with public authorities working closely with other national and international agencies. For
governments, fully engaging with all the major players—including the voluntary sector—also
means developing better and more effective relationships with their own Red Cross or Red
Crescent National Society and the Movement. Building stronger ties helps to ensure greater
cooperation, coordination and access to additional resources, both human and material. With a
constellation of various threats to safety and security, governments at every level need to
ensure that they and their partners are ready. A comprehensive disaster management plan,
whether national or local, requires an engaged and well-prepared voluntary sector whose
assistance can be properly organized, resourced and deployed and which is capable of building
resilience at every level.

Although many of the largest recent natural disasters have taken place in Asia and Africa, the
magnitude and complexity of these events was driven home in the western hemisphere by the
2005 hurricane season in the southern U.S. and, in particular, by hurricanes Katrina, Rita and
Wilma. In fact, Katrina and her sisters represented a monumental “wake-up call” for western
governments and the voluntary sector on emergency management. It is worth recalling that
Katrina was one of the five deadliest hurricanes as well as the costliest disaster in American
history. It claimed more than 1,800 lives and was responsible for over $80 billion US in
property damage. Because of the extent to which the work of the Canadian and American
governments and the Canadian and American Red Cross intersect on emergency management,
the lessons learned from this terrible disaster are vitally important.

The manner in which federal, state and local governments responded to the need for
evacuations, food, shelter, water and medicine provoked immediate and widespread criticism.
Federal Emergency Management Agency (FEMA) Director Michael D. Brown was forced to
resign two weeks after Katrina hit and a subsequent U.S. congressional investigation entitled
“A Failure of Initiative” released in February 2006 found significant faults “at all levels” in
terms of both preparedness and response. The American Red Cross was not spared criticism.
The report stated that “Contributions by charitable organizations assisted many in need, but the
American Red Cross and others faced challenges due to the size of the mission, inadequate
logistics capacity, and a disorganized shelter process.”33 Under the US National Response Plan
(NRP), the American Red Cross had responsibility (shared with FEMA) to serve as a primary
agency to lead and coordinate efforts to provide mass care, housing and human services; the
33
  A Failure of Initiative, Final Report of the Select Bipartisan Committee to Investigate the Preparation for and
Response to Hurricane Katrina, US House of Representatives. p. 6.


64
only non-governmental entity with status as a primary support agency within the NRP.
Although the American Red Cross does not use the phrase “auxiliary to government” in
describing its relationship with FEMA on disaster management, one would be hard pressed to
find a better example of the concept being put into operation.

There was also significant media comment about the Red Cross response to Katrina. An
editorial in The New York Times dated December 4, 2005, entitled “Re-examining the Red
Cross” noted that: “some victims and volunteers complained that the organization’s response to
the disaster was slow and tangled in red tape”. The paper called for congressional hearings
“into the Red Cross’ role in our overall strategy for dealing with catastrophes”. For its part, the
American Red Cross responded with its own report entitled “A Year of Healing” in which it
sought to explain and defend its record. Among other things, it noted that the 2005 hurricane
season “created basic human needs that were 10 to 20 times greater than any domestic disaster
in the past 125 years”. It also pointed out that the organization deployed almost a quarter
million workers, 95 percent of whom were volunteers. It opened 1,400 shelters, provided
3.8 million overnight stays and served 68 million meals and snacks to about 4 million people.

In addition to the congressional review of the overall response to Katrina, Congress also turned
its sights more directly on the American Red Cross and other charities. The Subcommittee on
Oversight of the House Committee on Ways and Means held a hearing on December 13, 2005,
on the voluntary sector’s response to Katrina. The Senate Committee on Finance also initiated
a review of the American Red Cross’ Congressional Charter since some legislators drew a
connection between its governance structure and its performance in Katrina. Some members of
Congress also suggested that the American Red Cross’ cumbersome 50-member governing
board was having a negative impact on its management and operations. 34 While the
momentum for re-structuring the American Red Cross seemed to be gathering steam, some
were not overly optimistic about the possibility for change.

Former American Red Cross President Bernadine Healy told USA Today that reform was
essential but unlikely since politicians would be loathe to challenge such a revered institution.
Healy said that: “Taking on the Red Cross—it's like touching the third rail. And yet, making
serious changes in the Red Cross is critical to its survival as an organization serving a crucial
function for the American public”.35 In fact, the American Red Cross not only understood the
need for change but also took the initiative. On March 3, 2006, the organization issued a
statement welcoming congressional scrutiny and announced that it was also conducting an
independent review aimed at producing “specific and concrete suggestions for improving Red

34
   The American Red Cross received its first Congressional Charter in 1900. A subsequent Charter was enacted in
1905 and further revisions were passed in 1947.
35
   “Legislators have critical eye on Red Cross”, USA Today, January 29, 2006.


                                                                                                        65
Cross governance and performance”.36 A little over a year later on May 11, 2007, the
American Red Cross announced that President George Bush had “signed legislation that will
modernize the governance structure of the American Red Cross and enhance the Red Cross
Board of Governors’ ability to support the critical mission of the Red Cross in the 21st
century”. 37

The events of September 11 and Hurricane Katrina prompted significant institutional change
on emergency preparedness and response within both the U.S. Government and the American
Red Cross. The high level of cooperation on emergency management between Canada and the
U.S. meant that the Government of Canada and the Canadian Red Cross were involved in
responding to both of these events and have done careful reviews of lessons learned.
Significant institutional and policy changes have also occurred in Canada with the creation of
the Department of Public Safety as well as the adoption of Canada’s first National Security
Policy in April 2004. While much work remains to be done, the current government has built
on the measures taken by the previous government with a view to making Canadians better
prepared, safer and more secure.

Although a disaster of the size or scope of Katrina has not yet affected Canada, the overall
frequency of natural disasters has dramatically increased as shown in the following chart:


                       Frequency of Natural Disasters
                           in Canada (1900-1999)
                                                                                                    156
                                                                                            129
        Number                                                                     99
           of
        Disasters                                                         59
                                                                 38
                             21       24       22       26
                    11
                   9


                             9


                                      9


                                               9


                                                        9


                                                                 9


                                                                          9


                                                                                   9


                                                                                            9


                                                                                                    9
                 90


                           91


                                    92


                                             93


                                                      94


                                                               95


                                                                        96


                                                                                 97


                                                                                          98


                                                                                                  99
               -1


                         -1


                                  -1


                                           -1


                                                    -1


                                                             -1


                                                                      -1


                                                                               -1


                                                                                        -1


                                                                                                -1
             00


                     10


                              20


                                       30


                                                40


                                                         50


                                                                  60


                                                                           70


                                                                                    80


                                                                                             90
           19


                   19


                            19


                                     19


                                              19


                                                       19


                                                                19


                                                                         19


                                                                                  19


                                                                                           19




                                               10 Year Period

                         Source: OCIPEP Disaster Database version 3.1 (2001)


36
  “Fixing the Red Cross: Unnecessary Roughness” American Red Cross Press Release, March 3, 2006
37
  “President Bush Signs Legislation to Modernize American Red Cross Governance” American Red Cross Press
Release, May 11, 2007


66
The risk of an influenza pandemic must also enter into the equation. Health Canada estimates
that 4.5-10.6 million people will become ill such that they are unable to attend work or
participate in other activities; representing 15-35 percent of the total Canadian population.
Social disruptions such as school and daycare closures are to be anticipated. Such an event
will require a high level of multidisciplinary cooperation between public authorities and the
Canadian Red Cross.

The urgency to improve the collaborative process between the Canadian Government and the
Canadian Red Cross is palpable when one looks at the frequency of natural disasters and the
uncertainty of what unforeseen climate changes, the threat of terrorism, an influenza pandemic
and other diseases may produce.

iii) The Beginning of a Canadian Response

The Canadian Government has already shown leadership and a commitment to renew the
framework of cooperation with the Canadian Red Cross at both the international and domestic
level. Through this contribution agreement, the Canadian Government and the Canadian Red
Cross at the 30th International Conference in November 2007 jointly sponsored a workshop
highlighting the work of the Auxiliary Role Project and introduced, for the consideration of
other National Societies, a model pledge on the auxiliary role. The Canadian Red Cross and
the Government of Canada also proactively committed themselves to change by making the
following pledge on the auxiliary role:
              For the years 2007-2010, the Government of Canada and The Canadian Red
              Cross Society jointly pledge:
              to renew the framework for cooperation between the Government of Canada
              and the Canadian Red Cross to address better the humanitarian challenges of
              the 21st century by:
              • working to reinforce the status and roles of the Canadian Red Cross as
              auxiliary to public authorities in the humanitarian field; and,
              • reviewing existing measures, arrangements and instruments supporting
              the relationship.

Moreover, this need for change in the framework of cooperation is also supported by many
municipalities38 and, to a certain extent, by provinces.39 The Auxiliary Role Project sought to
engage municipalities specifically on the auxiliary role and the renewal process at the annual


38
     See Scheduled for list of municipalities
39
     See Schedule for a copy of the letters.


                                                                                            67
Meeting of the Canadian Federation of Municipalities. The following draft resolution was
proposed to municipalities:
         Whereas the Canadian Red Cross is celebrating the 100th anniversary of its creation
         as a national non-profit volunteer humanitarian organization under The Canadian
         Red Cross Society Act, 1909;

         And whereas, under national and international law, the Canadian Red Cross and
         other National Red Cross and Red Crescent Societies are considered “auxiliary to
         the public authorities in the humanitarian field;”

         And whereas, the mandate of the Canadian Red Cross is to: “In time of peace or
         war to carry on and assist in work for the improvement of health, the prevention of
         disease and the mitigation of suffering throughout the world;”

         And whereas millions of Canadians and beneficiaries in other countries have been
         assisted by the Canadian Red Cross for over a century through programs aimed at
         disaster assistance, emergency preparedness, international aid, assistance and
         development, health, injury prevention and the promotion of international
         humanitarian law and humanitarian values;

         And whereas the Canadian Red Cross’ Auxiliary Role Project seeks to revitalize
         the relationships with public authorities at the federal, provincial, territorial and
         municipal levels so as to better serve the needs of humanity;

         Be it resolved that the Council of the city/township of ___________________
         expresses its support for the Auxiliary Role Project and in particular, the renewal of
         the framework for cooperation between public authorities and the Canadian
         Red Cross to better address the humanitarian challenges of the 21st century
         by:
         a) working to reinforce the status and roles of the Canadian Red Cross as
         auxiliary to public authorities in the humanitarian field;
         b) and reviewing existing measures, arrangements and instruments
         supporting the relationship.

To date the response has been quite positive, with over 70 municipalities writing to the Society
that they have adopted the resolution (or a similar motion). Combined, these municipalities
encompass a population totalling over 4.5 million Canadians.

Finally, on May 19, 2009, the Canadian Red Cross will be celebrating the 100th anniversary of
the Canadian Red Cross Society Act. This is an opportunity for the Canadian Red Cross to tell



68
its story and highlight its work. Right across the country, Canadian Red Cross volunteers,
donors, members and staff will be planning events and activities to celebrate this event.
Renewing the framework of cooperation by implementing the two proposed recommendations
will be an excellent way for the Canadian Red Cross and the Government of Canada to express
their dedication to humanitarian work and values and pave the way forward towards a next
century of partnership in building a resilient civil society in Canada and throughout the world.


In brief:
                        Opportunity the right time for Change

   Ø The humanitarian challenges of the future require coordinated action and proper
     mobilization of resources in particular in the voluntary sector: “No to a Canadian
     Katrina!”

   Ø 2009 marks the 100th Anniversary of the Canadian Red Cross Society Act

   Ø The Federal government supports change and specifically committed itself
     through the Joint Pledge to Renew the Framework of Cooperation

   Ø Municipalities and provinces support this renewal




                                                                                          69
Conclusion
Both States and the Movement have recognized for some time the need to work more closely
together to build capacity and resilience within civil society. This resilience is based upon not
only the self-sufficiency of individual citizens, but also the collective benefit that accrues to a
State of having a well-organized and trained cadre of citizens whose talents would serve to
“supplement or substitute” those of the State in a major emergency. This is an important and
necessary public policy goal, but perhaps the more pertinent question is: “How can this be
accomplished?” Almost a decade ago, realizing that it was faced with an entirely new
paradigm, the Movement sought to enhance the relationships between National Societies and
States.

As we have seen, the basis for this new rapport was the traditional role of the Red Cross as
“auxiliaries”, a concept that, as noted above, traces its origins to the beginnings of the Red
Cross where “volunteer relief societies” were intended to function as “auxiliaries to the
medical services of armies in the field”. Although this initial auxiliary role has expanded well
beyond what was originally intended, the search for clarity around this concept has allowed the
Society and the Government of Canada to examine their relationship.

The analysis and recommendations provided in this report outline the general need to
strengthen and deepen the engagement between the Canadian Red Cross and public authorities
at all levels. Current threats caused by the increase in disasters, climate change, pandemics and
security issues call for a cross-cutting holistic approach. These humanitarian challenges cannot
be dealt with in a fragmented manner.

The leadership shown by the Government of Canada by providing funding for this project has
enabled the Canadian Red Cross to engage its stakeholders at all levels through public
consultations in order to create momentum to establish a new framework for cooperation
between the Society and public authorities at all levels. It is important that this historic
occasion be seized and that this momentum is not lost.

In 2009, the centennial year of the Canadian Red Cross, the draft statue will provide Canada
with a solid basis to declare that it has fulfilled its pledge to the 30th International Conference
of the Red Cross and Red Crescent. It will also demonstrate that Canada is a healthy
participant in the world’s largest humanitarian network, fulfilling its obligations in a robust,
active and confident manner underscored by modern, cutting-edge legislation. Such legislation
will allow the Society and public authorities at all levels to engage in a meaningful manner in
order to both mobilize the power of humanity in times of crisis and partner to build resilient
and vibrant communities in Canada and throughout the world.


70
                                          Appendix A

A: Draft Canadian Red Cross Act
An act respecting The Canadian Red Cross Society and The International Red Cross and Red Crescent
Movement and the Government of Canada.

Preamble

WHEREAS the International Committee of the Red Cross founded as the International Committee for Relief
to the Wounded in 1863 at Geneva and formally recognized in the Geneva Conventions, is an independent
humanitarian organization;

WHEREAS Dr. George Sterling A. Ryerson at the Battle of Batoche, on May 15, 1885, was the first person
in Canada to use the red cross to identify his horse-drawn ambulance, and founded in 1896 The Canadian
Red Cross Society as an overseas branch of the British Red Cross;

WHEREAS in 1909 the Government of Canada pursuant to the Resolutions of the Conference of Geneva of
1863 adopted An Act to Incorporate The Canadian Red Cross Society 1909, c.68;

WHEREAS in 1919 The League of Red Cross Societies, ancestor of The International Federation of Red
Cross and Red Crescent Societies was founded to strengthen and unite already-existing Red Cross
Societies;

WHEREAS in 1927 the Canadian Red Cross was admitted as an independent National Red Cross Society
to the International Red Cross and Red Crescent Movement;

WHEREAS The Canadian Red Cross Society has helped to alleviate the suffering and to meet the needs of
the most vulnerable in Canada and abroad and performed the duties incumbent on a National Society of the
International Red Cross and Red Crescent Movement according to the Geneva Conventions and the
Statutes of the Movement for over 100 years;

WHEREAS the Red Cross, Red Crescent and Red Crystal emblems are universally recognized symbols of
assistance for the victims of armed conflicts and natural disasters protected by international law;

EMPHASIZING the Fundamental Principles of the International Red Cross and Red Crescent Movement:
HUMANITY, IMPARTIALITY, NEUTRALITY, INDEPENDENCE, VOLUNTARY SERVICE, and UNITY,
adopted by the 20 th International Conference of the Red Cross and Red Crescent at Vienna in 1965;

AND, WHEREAS the Government of Canada has signed the Geneva Conventions of 1929 and the four
Geneva Conventions of 1949 and the Additional Protocols of 1977 and 2005, and has supported the
principles and application of International Humanitarian Law and the work of The Canadian Red Cross
Society and the International Red Cross and Red Crescent Movement through its participation at
International Conferences.

NOW, THEREFORE, in the centennial year of the Society’s incorporation, in order to affirm Parliament’s
commitment to the International Red Cross and Red Crescent Movement and to better recognize the
continuing importance of the Canadian Red Cross to Canada, Her Majesty, by and with the advice and
consent of the Senate and House of Commons, enacts as follows:

Commentary: In achieving the public policy objective of reinvigorating the relationship between the
International Red Cross and Red Crescent Movement, its volunteers, and the Government of Canada, the
very real need exists to educate the public about the humanitarian nature of the Movement, the origins of the
Canadian Red Cross and the specific and distinctive relationship with the Government of Canada. It is
recommended that a preamble will assist in educating Canadians as to the important historical role of the
world’s largest humanitarian organization and Canada’s participation in it.




                                                                                                   A-1
Short Title
1. This Act may be cited as the Canadian Red Cross Act.

Commentary: The Canadian Red Cross Society Act, it is suggested, will be repealed, but the Letters Patent,
1970 issued pursuant to the Canada Corporations Act, will continue to form the basis for the internal
governance of the Canadian Red Cross. The name change, which drops “Society,” is merely to differentiate
the old from the new and reflects a more modern idiom.

Purpose of the Act

2. The purpose of this Act is to provide for:

(1) the legal basis for recognition of The Canadian Red Cross Society by the International Committee
of the Red Cross,
(2) the relationship between The Canadian Red Cross Society and the Government of Canada;
(3 protection for the emblems of the International Red Cross and Red Crescent Movement; and
(4) the dissemination of International Humanitarian Law in Canada.

Commentary: The draft legislation under consideration deals with the relationship between The Canadian
Red Cross, the Government of Canada and their engagement in respect of humanitarian causes. This
includes such matters as the protection of the Movement’s emblems and the auxiliary role where it
supplements or substitutes public humanitarian services. It is important to set out the purposes of this
legislation to highlight its public policy objectives, differentiate this organization as to its uniqueness and to
educate the public in respect thereof. The machinery of governance of the Canadian Red Cross is best left
to the Canada Corporations Act.

Interpretation

3. In this Act,

“Fundamental Principles” mean the Fundamental Principles of the Red Cross as proclaimed in the
Preamble to the Statutes of the International Red Cross and Red Crescent Movement.

“International Conference of the Red Cross and Red Crescent” means the International Conference
of the Red Cross and Red Crescent as defined in article 8 of the Statutes of the Movement.

“Lead Minister” means a Minister of the Crown appointed pursuant to section 13.

“Minister” means a Minister of the Crown designated pursuant to section 13.

“National Society” has the meaning of National Society as defined in article 3 of the Statutes of the
Movement.

 “Statutes of the Movement” means the Statutes of the International Red Cross and Red Crescent
Movement adopted by the 25th International Conference of the Red Cross at Geneva in 1986,
amended in 1995 and 2006 and as amended from time to time.

“The Canadian Red Cross Society” means The Canadian Red Cross Society continued under Part II
of the Canada Corporations Act.




A-2
Part I
Recognition

4. The purposes of The Canadian Red Cross Society include:

(1) to provide protection and assistance to victims of armed conflict in accordance with the Geneva
Conventions Act;
(2) to provide humanitarian assistance to the victims of natural disasters and other emergencies;
(3) to work for the improvement of health, prevention of disease and the mitigation of human
suffering; and
(4) to promote and disseminate international humanitarian law and humanitarian values.

Commentary: National Societies are recognized by the International Committee of the Red Cross once they
meet the conditions laid out by article 4 of the Statutes of the Movement. Prior to providing for the necessary
provisions that would lay the foundation for this recognition, this provision would ensures that the Society
maintains certain essential aims for the purposes of this draft statute.

5. The Canadian Red Cross Society shall act as the National Red Cross Society in Canada for the
purposes of the Geneva Conventions Act and the International Red Cross and Red Crescent
Movement.

6. The Canadian Red Cross shall be entitled to use the Red Cross emblem in accordance with the
Geneva Conventions Act.

7. The Canadian Red Cross Society shall be the only National Society of the Red Cross in Canada
and may carry out its activities throughout Canada.

Commentary: The Statutes of the International Red Cross and Red Crescent Movement require that certain
conditions be met by domestic legislation for a National Society to be admitted to the Movement. Article 4
section 2 when combined with article 4 section 7 require that the National Society be the only National Red
Cross Society entitled to operate throughout the country and use the red cross emblem under the Geneva
Conventions Act. This article also reflects the Fundamental Principle of Unity found in the Preamble above.

8. The Canadian Red Cross Society is recognized as a voluntary aid society auxiliary to the public
authorities in the humanitarian field.

Commentary: The Statutes of the Movement require that certain conditions be met by domestic legislation
for a National Society to be admitted to the Movement. Article 4 section 3 of the Statutes requires that the
National Society be recognized as a “voluntary aid society auxiliary to the public authorities in the
humanitarian field”. This status is the basis for National Society auxiliary roles ranging from disaster
management to providing protection and assistance to the victims of armed conflict and disasters,
preventing and alleviating human suffering, and potentially serving as an auxiliary to the medical services of
the armed forces as provided by article 26 of the Geneva Conventions.

9. The Canadian Red Cross Society shall at all times act in accordance with the Fundamental
Principles and adhere to the Statutes of the International Red Cross and Red Crescent Movement .

Commentary: Statutes of the International Red Cross and Red Crescent Movement require that certain
conditions be met by domestic legislation for a National Society to be admitted to the Movement. Article 4
section 9 when combined with article 4 section 10 require that a National Society adhere to the Statutes of
the Movement and respect the Fundamental Principles of the Movement.

10. The Government of Canada shall at all times respect the adherence by The Canadian Red Cross
Society to the Fundamental Principles of the International Red Cross and Red Crescent Movement.

Commentary: This provision reflects not only the National Society’s commitment to comply with the
Fundamental Principles but the Government of Canada’s commitment to that adherence. This concurs with
United Nations Resolution 55 (1):




                                                                                                      A-3
“The General Assembly draws the attention of the Members of the United Nations to the fact that the
following purposes are of special concern, namely:
That the said Members should encourage and promote the establishment and co-operation of duly
authorised voluntary National Red Cross and Red Crescent Societies;
That at all times the independent voluntary nature of the National Red Cross and Red Crescent Societies be
respected in all circumstances, provided they are recognized by their Governments and carry on their work
according to the principles of The Geneva and The Hague Conventions and in the humanitarian spirit of the
Red Cross and Red Crescent
That the necessary steps be taken to ensure in all circumstances contact may be maintained between the
National Red Cross and Red Crescent Societies of all countries, so as to enable them to carry out their
humanitarian task.”

Part II
The Canadian Red Cross Society and the Government of Canada
11. There shall be a Canadian Red Cross and Government of Canada Liaison Committee.

12. The Government of Canada shall designate by Order-in-Council a “Lead Minister” for the
purposes of this Act, a Minister to be responsible for Parts I and III of this Act, a Minister to be
responsible for Part II of this Act and a Minister responsible for Part IV of this Act.

13. The Canadian Red Cross and Government of Canada Liaison Committee shall comprise:

(1) the Secretary General of the Canadian Red Cross Society or his deputy;
(2) the “Lead Minister” designated pursuant to Section 12 or his deputy;
(3) one of the other Ministers designated pursuant to Section 12 or his deputy.

14. The Secretary General of the Canadian Red Cross Society and the “Lead Minister” designated
pursuant to Section 12 shall be the co-chairs of the Canadian Red Cross and Government of Canada
Liaison Committee.

15. The Canadian Red Cross and Government of Canada Liaison Committee shall report annually to
Parliament through the “Lead Minister” on the operation of this Act.

16. The Canadian Red Cross and Government of Canada Liaison Committee shall meet at least
annually, at the call of either of the co-chairs, and may meet more frequently, notably:

(1) when a Public Welfare Emergency, Public Order National Emergency, International Emergency or
war emergency is declared by the Government of Canada pursuant to the Emergencies Act;
(2) when the Canadian Forces are called out in aid to the civil power pursuant to the National
Defence Act;
(3) when the Government of Canada enters into an armed conflict of an international or non-
international character;
(4) when a situation arises that is critical, seriously endangers the lives, health or safety of
Canadians and is of such proportions or nature as to exceed the capacity or authority of a province
to deal with, or that seriously threatens the ability of the Government to preserve the sovereignty
and territorial integrity of Canada but that falls short of a declared emergency under the
Emergencies Act;
(5) when the Government of Canada proposes embarking on a national program of public
awareness, education or training related to emergency management or international humanitarian
law;
(6) when the Government of Canada proposes establishing national standards in respect of
emergency management;
(7) when the Government of Canada proposes embarking on a national program of public
awareness, education or training relating to the improvement of health, prevention of disease, and
the mitigation of suffering and where the Canadian Red Cross Society is a participant;
(8) prior to an International Conference of the Red Cross and Red Crescent;




A-4
(9) in the event of a major international humanitarian emergency or disaster to which the
Government of Canada is responding; and

17. The consultations provided for in section 16, shall be carried out in accordance with procedures
established by the Canadian Red Cross and Government of Canada Liaison Committee.

18. Procedures issued pursuant to section 17 shall be made public by inclusion in the annual report
to Parliament required by section 15.

19. In addition to the consultation provided for in section 16, the Canadian Red Cross and
Government of Canada Liaison Committee may meet to consider any matter in the furtherance of
this Act.

20. The costs associated with the functioning of the Canadian Red Cross and Government of Canada
Liaison Committee and any subcommittee thereof shall be borne by the Government of Canada out
of the Consolidated Revenue Fund.

Commentary: The balanced relationship between the Government of Canada and the Canadian Red Cross
created by sections 11 and 16 cannot occur in a vacuum. It is suggested that it is insufficient to provide for
meaningful engagement as occasioned by sections 16 and 18 without providing legislative support within
which the engagement can occur. The draft statute suggests the Government of Canada and the Canadian
Red Cross to engage without forcing them to make additional commitments. Without this legislated
responsibility to engage neither party can maximize its potential to fulfill its national and international
commitments. For example, would the Government of Canada be able to satisfy Canadians that in response
to a national disaster it had taken all precautionary steps possible in preparation for the disaster if it cannot
demonstrate that it had a statutory responsibility and mechanism for receiving advice, expertise, and
information from the world’s leading humanitarian network? Can the Canadian Red Cross satisfy its
constituents that when interacting with the Government of Canada the Fundamental Principles of the
Movement are respected both in law and in fact? Section 11 provides for a forum in which the balanced
relationship can be maintained and meaningful engagement between the government and its National
Society can occur. Section 12 advances the proposition that there be a “Lead Minister” for the draft statute
selected by the Governor in Council but recognizes that the various substantive parts of this legislation may
fall within the competency of more than one minister. As to which minister or ministers will be responsible for
which parts of the Act the choice will be left to the Governor in Council. Section 13 outlines the makeup of
the committee advanced by section 12 and together with section 14 provides for the leadership of the
committee, indicating that those responsible and accountable for their respective institutions have the
leadership roles in the engagement process envisioned by the draft statute. Sections 15, 16 and 17 provide
for the essential operating construct of the committee leaving the details of its operation to directions to be
issued by the committee itself. In addition, section 18 provides for accountability and transparency in the
operation of the committee while section 19 adds flexibility to its purpose. Section 20 assigns responsibility
for funding the activity of the committee which it is suggested is better placed with the public rather than
volunteer donors.



Part III
International Humanitarian Law
21. There shall be a subcommittee of the Canadian Red Cross and Government of Canada Liaison
Committee called the Canadian National Committee on International Humanitarian Law, to provide a
forum in which the Government of Canada and the Canadian Red Cross consult on the adherence to
and dissemination of International Humanitarian Law.

22. The Canadian National Committee on International Humanitarian Law shall advise the Canadian
Red Cross and Government of Canada Liaison Committee on the dissemination of International
Humanitarian Law.

23. The Canadian National Committee on International Humanitarian Law shall be comprised of:

(1) a representative of The Canadian Red Cross Society as designated by the Secretary General;




                                                                                                       A-5
(2) a representative from the Department of Foreign Affairs as designated by the Minister of Foreign
Affairs;
(3) a representative from the Canadian Forces or Department of National Defence as designated by
the Minister of National Defence;
(4) a representative from the Department of Justice as designated by the Minister of Justice;
(5) a representative from the Canadian International Development Agency as designated by the
Minister responsible for the Canadian International Development Agency; and
(6) a representative from Public Safety Canada as designated by the Minister of Public Safety.

24. The Chair of the Canadian National Committee on International Humanitarian Law shall be
designated by the co-chairs of the Canadian Red Cross and Government of Canada liaison
Committee on an annual and rotating basis.

25. The Canadian National Committee on International Humanitarian Law shall meet at the call of the
Chair and shall carry out its activities in accordance with directions issued by the Canadian Red
Cross and Government of Canada Liaison Committee.

Commentary: Article 3(2) of the Statutes of the Movement provides that National Societies shall disseminate
and assist their governments in disseminating international humanitarian law. Articles 82 and 83 of Schedule
V of Canada’s Geneva Conventions Act impose statutory obligations on the Government of Canada in the
dissemination of international humanitarian law. In an attempt to satisfy their respective statutory obligations
and in furtherance of Resolution 1 of the 26th International Conference of the Red Cross and Red Crescent,
in 1995 the Government of Canada and the Canadian Red Cross created by way of memorandum of
understanding an interdepartmental committee known as the Canadian National Committee on
Humanitarian Law. The committee composed as it is by federal officials from a variety of departments can
not speak collectively for the government, lacks policy guidance from elected officials and is unfunded. Its
ability to advise government on the dissemination of international humanitarian law is limited and the
committee fails in meeting the purposes for which it was created. Section 20 provides for the statutory
engagement of the government in respect of the dissemination of international humanitarian law in the
furtherance of the statutory obligations of both parties. Section 21 creates a subcommittee of the Liaison
Committee provided for by section 11 to be known as the Canadian National Committee on International
Humanitarian Law. Section 22 provides for the purpose of the subcommittee and section 23 for its makeup.
The subcommittee would comprise representatives from the same organizations that made up the Canadian
National Committee on Humanitarian Law. Section 24 provides for the leadership of the subcommittee and
section 25 for its essential operating construct.

Part IV
Emblem Protection

26. Everyone who fraudulently represents himself to be a member or representative of or agent for,
The Canadian Red Cross Society for the purposes of soliciting, collecting or receiving money or
materiel, is guilty

(1) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(2) of an offence punishable on summary conviction.

27. Subject to s. 28, every person who wears, uses, or displays any of the following:

(1) the heraldic emblem of the Red Cross on a white ground, referred to in article 44 of Schedule I of
the Geneva Conventions Act and the words “Red Cross” or “Geneva Cross”; or
(2) the emblem of the Red Crescent on a white ground referred to in article 38 of Schedule I to the
Geneva Conventions Act or the words “Red Crescent”; or
(3) the emblem of the Red Crystal on a white ground, referred to in article 2, paragraph 2 of schedule
7 of the Geneva Conventions Act or the words “Red Crystal”; or
(4) any other word, mark, device or thing so closely resembling as to be mistaken for anything
mentioned in paragraphs (1) to (3);

is guilty:



A-6
         (a) of an indictable offence and is liable to imprisonment for a term not exceeding two years,
         or
         (b) of an offence punishable on summary conviction.

28. No one contravenes section 27 who:

(1) wears, uses or displays in accordance with the Geneva Conventions Act any of the items
identified in section 27 (1) to (4);
(2) wears, uses or displays any of the items identified in section 27 (1) to (4) with the written
authorization of The Canadian Red Cross Society or the Government of Canada.

Commentary: Canada’s Geneva Conventions Act integrates into Canadian law the dispositions of the
Geneva Conventions and makes binding on Canada the “Regulations on the use of the Red Cross and Red
Crescent by National Societies”. Canada is obliged, if Its legislation is not already adequate, to take
measures necessary for the prevention and repression at all times of abuses of the emblem. It is in the
public interest that Canada does this and it is clear that it is a public responsibility. The Geneva Conventions
Act does not, however, provide a mechanism for enforcement other than one which would lead to an
accusation of a commission of a war crime during times of armed conflict. There is also the Trade Marks
Act which prohibits the registration of the emblems as a trade-mark and their unauthorized use for
commercial purposes. Enforcement mechanisms under that Act is left to litigation before the courts by
interested parties. This protection is deficient in that although the Attorney General is always an interested
party under the Act it is not clear that the Canadian Red Cross is. Litigation is time consuming and
expensive. Interested parties are hesitant to proceed for these reasons. In the past the public responsibility
of protecting the public interest by enforcing emblem protection has been left to the not-for-profit charitable
Canadian Red Cross. Volunteer donor funds have been used to pay for enforcing a responsibility belonging
to all taxpayers not just a few. Litigation has been conducted without input from the stakeholders in the
public sector and has to this point been seldom effective. The Canadian Red Cross Society Act of 1909
creates two offences whose provisions are antiquated and require modernization in terms of language,
penalties and Charter of Rights and Freedoms compliance. The draft statute advances solutions for the
deficiencies noted above. Sections 26 and 27 are offence sections that have been modernized and attach
criminal liability to those who would purport to fraudulently misrepresent themselves as being associated
with the Canadian Red Cross to acquire monetary gain and for any unauthorized use of the emblems of the
Movement. Note that section 27 makes it an offence to wear, use or display the emblems and section 28
absolves individuals from contravening section 27 if the wearing, using or displaying of the emblems is in
accordance with the Geneva Conventions Act or was authorized by the Canadian Red Cross. This allows for
the Canadian Forces [section 28 (1)] to continue with the proper use of the emblems and section 28(2)
permits the Canadian Red Cross to designate who can in accordance with section 7 of the draft statute use
the emblems. The penalties provided with sections 27 and 28 are minimum threshold penalties in
accordance with modern day criminal law standards.

29. The Canadian Red Cross Society shall assist the Government of Canada in carrying
out its responsibilities pursuant to articles 53 and 54 of Schedule I to the Geneva
Conventions Act by bringing to the attention of the Canadian National Committee on
International Humanitarian Law alleged violations of sections 26 and 27 that cannot be
resolved through education and voluntary compliance.

30. The Canadian National Committee on International Humanitarian Law shall review the
allegations brought to its attention pursuant to section 29 and shall dispose of them by:

(1) referring them back to The Canadian Red Cross Society;
(2) referring them to the Attorney General for Canada;
(3) referring them to the Director of Public Prosecutions for Canada;
(4) referring them to the Royal Canadian Mounted Police; or
(5) taking such other action as appears appropriate.

31. The Canadian National Committee on International Humanitarian Law shall advise the
Canadian Red Cross and Government of Canada Liaison Committee on the disposition of
the allegations brought to its attention pursuant to section 29.



                                                                                                      A-7
32. The Canadian Red Cross and Government of Canada Liaison Committee shall in its
annual report to Parliament record the disposition of the allegations brought to the
attention of the Canadian National Committee on International Humanitarian Law pursuant
to section 29.

Commentary: Sections 29, 30, 31 and 32 provide for a mechanism of engagement which will lead
to a better enforcement of Canada’s laws with respect to emblem protection. Section 29 places
the onus on the Canadian Red Cross to bring unresolved allegations of emblem misuse to the
Canadian National Committee on International Humanitarian Law. This permits the public interest
stakeholders and those with expertise to take a collective position on how to deal with the
allegations. Section 30 provides the options available for disposition of the allegations. The
Canadian Red Cross can be asked to inquire and provide further information or educate the
potential perpetrator. Alternatively, the chair of the subcommittee on behalf of the subcommittee
could refer the matter to the Attorney General for his consideration and possible action under the
Trade Marks Act or other legal instruments. Alternatively, the chair of the subcommittee could
refer the matter to the police or where the matter is potentially in the hands of a prosecutor to the
Director of Public Prosecutions. In this way emblem protection can on a case by case basis be
dealt with by all the appropriate stakeholders with all of the interests taken into consideration on
how to proceed. Sections 31 and 32 advance a scheme to provide for accountability and
transparency in the work of the subcommittee.


Part V
Miscellaneous

33. The Governor in Council may after consultation with the co-chairs of the Canadian Red Cross
and Government of Canada Liaison Committee make regulations that the Governor in Council
considers necessary for carrying out the purposes and provisions of this Act.

34. The Canadian Red Cross Society Act S.C. 1909, C.68 as amended is repealed.

Commentary: Section 33 provides for regulatory powers. Section 34 advances the proposition that the
provisions of the draft statute no longer make it necessary to continue with the Canadian Red Cross Act
Society of 1909.




A-8
                                   Appendix B

B: The Canadian Red Cross Society – Historical Background
The founding of the Canadian Red Cross Society can be attributed to the courage and
conviction of Dr. George Sterling Ryerson, who later went on to found Ryerson College.
In the spring of 1885, during Riel's North West Rebellion, Ryerson planted the seed for
what would later be-come the                         Canadian Red Cross when he
needed something to                                  distinguish the horse-drawn wagon
being used to transport the                          wounded. He obtained red material
from the artillery, tore off two                     strips and sewed them onto white
factory cotton. This was one of                      the first Red Cross flags ever flown
in Canada. In 1896, Dr.                              George Sterling Ryerson founded
the first overseas branch of the                     British Red Cross that later became
the Canadian Red Cross.



                             Dr. George Sterling Ryerson

In 1909, the Federal Government passed the Canadian Red Cross Society Act. It legally
established the Red Cross as the corporate body responsible for providing volunteer aid in
Canada in accordance with the Geneva Conventions. Interestingly, the construction of
330 Sussex Drive coincides very closely with the passage of this legislation. Among
those listed as part of the “body corporate and politic” were some of the most prominent
political, military, legal and medical figures in Canada at the time. Sir Charles Tupper,
Canada’s sixth Prime Minister, is part of that list as is the Honourable Sir Hugh John
Macdonald, the son of Sir John A. Macdonald. Along with Canadian Red Cross founder
George Sterling Ryerson, the younger Macdonald served as part of the Dominion forces
sent to quell the Riel Rebellion. He was also a Member of Parliament and Minister as
well as Premier of Manitoba.

The Honourable Sir George Foster was another key figure in the establishment of the
Society. He too was a Member of Parliament and Minister, served as a Canadian
delegate to the 1919 Versailles Peace Conference and was chairman of the Canadian
delegation to the first assembly of the League of Nations. The Honourable Sir George W.
Ross is also listed. He served as a Member of Parliament, Premier of Ontario and ended
his political career as a Senator.

Following the First World War and the 1918-19 influenza pandemic, various Red Cross
societies organized a program of global health improvement thereby creating a peacetime
role for the Red Cross. While the Canadian Red Cross would stand ready to offer aid in
all wars and uprisings, it had already begun a post-war program of health education to the
public. Within a few years, it became deeply involved in public health through its
provision of: outpost hospitals and nursing stations, home nursing classes, visiting



                                                                                  B-1
housekeepers, nutrition services and the establishment of courses in public health nursing
at five Canadian universities. The Junior Red Cross was formed with the goal of
improving the health of Canadian children.

The International Committee of the Red Cross (ICRC) recognized the Canadian Red
Cross as an independent national Red Cross Society in 1927. This permitted the
Canadian Red Cross to join the League of Red Cross Societies today known as the
International Federation of Red Cross and Red Crescent Societies.




                               Transport Officer CRCS
During the 1930’s the Society’s first aid program was established. First aid posts on the
highway between Montreal and Toronto provided emergency care for victims of traffic
accidents. In 1939, the Society established 2,088 branches, nine provincial divisions and
a national headquarters in Toronto to prepare for World War II. When the war began, the
development of the Women’s War Work program and the Canadian Red Cross Corps
positioned women as the backbone of our volunteer programs.




                               Nursing Auxiliary CRCS


B-2
During the Second World War, the Canadian Red Cross became firmly embedded in
Canadian society through its extensive war work. By the end of 1945, one-quarter of the
Canadian population were active members. During World War II, the Canadian Red
Cross raised $80 million for the comfort and relief of the sick and wounded. As wounded
veterans returned to Canada, the Society offered programs to help them return to society.
Following the war, the organization returned to its focus on health and safety issues.

In the 1950’s, the outpost hospital program reached its peak with almost 90 outpost units
across Canada. The Society continued supporting victims of war by sending a Medical-
Social Welfare team to Korea and later participated in the exchange of prisoners of war. On
the international scene, the Canadian Red Cross administered the Canadian Hungarian Fund
and operated refugee camps in Austria and the Netherlands.

During the 1970’s, the Society encouraged Canadians to help victims of disasters outside of
Canada such as Pakistani refugees in India, victims of the Guatemala earthquake, Southeast
Asia refugees and victims of war. Domestically, the Seniors Services program was initiated
to improve the health and independence of seniors through its volunteer services. Over 1.2
million Canadian children were involved in the Canadian Red Cross Society’s Youth
activities during the International Year of the Child (1979). In the 1980’s, the Southeast Asia
“boat people” crisis required the expansion of the Society’s Tracing and Reunion Service. A
special unit was created to handle queries about refugees and victims of war.

In 1990, the Society’s commitment to its fundamental principles of neutrality and impartiality
placed it in a unique position during the Oka Crisis. The Canadian Red Cross was asked to
provide food and medical supplies to those behind the barricades. Internationally, the Red
Cross helped victims of conflict at home and abroad including Kurdish refugees, hospital
patients in the former Soviet Union, people affected by clan warfare and drought in Somalia,
Hutu and Tutsi ethnic groups in Rwanda and Bosnian civilians.
In 1993, the Society welcomed the announcement of a public inquiry into Canada's blood
system. This inquiry, reviewed the mandate, organization and management of all elements of
the Canadian blood system including the contamination of the blood supply in the early
1980s. The Society co-operated fully in this process, which was regarded as an important
opportunity for constructive change. The Krever Commission reported in November 1997.
In September 1998, the national blood program, operated by the Canadian Red Cross for
more than 50 years, was transferred to Canadian Blood Services and Héma-Québec.

In the late 1990’s and into the first half decade of the new century, the Canadian Red Cross
continued its domestic and international activities. Here at home, it has provided assistance
in natural and human-made disasters. It has helped victims of the Red River and Saguenay
floods, the “Ice Storm” of 1998,” western forest fires and tornadoes, hurricanes on the East
Coast as well as thousands of victims of house fires across Canada. The Society also assisted
the Kosovo refugees, victims of the Swiss Air 111 disaster as well as the thousands of people
stranded at airports in Atlantic Canada in the immediate aftermath of 9-11.

Internationally, the Canadian Red Cross has assisted stricken populations affected by
floods, earthquakes, famine and hurricanes in countries such as Poland, The Czech



                                                                                   B-3
Republic, Hungary, Slovakia, North Korea, Honduras, Nicaragua, El Salvador,
Guatemala, Turkey, Iran, Cuba, Mexico, the United States, Mozambique, Columbia,
India, Peru and Afghanistan to name just a few. The organization continues to be an
important part of ongoing disaster assistance and re-development operations in Pakistan
following the earthquake and in the tsunami affected countries of Indonesia, Sri Lanka
and the Maldives. The Society also has an ongoing anti-malaria campaign in several
countries in Africa. The Red Cross Movement including the Canadian Red Cross Society
was also involved extensively in the international campaign to ban landmines (the Ottawa
Treaty).

The International Red Cross Movement - Historical Background

In June 1859, the Austrian and French armies clashed at Solferino, a town in northern
Italy. After 16 hours of fighting, the battlefield was strewn with 40,000 dead and
wounded. That evening a Swiss citizen, Henry Dunant, arrived in the area on business.
He was horrified by what he saw.                          For want of adequate medical
services in both armies, thousands                        of wounded soldiers were left to
suffer untended, abandoned to their                       fate. Dunant immediately
organized care for them, without                          discrimination, helped by civilians
from neighbouring villages.                               Returning home, Henry Dunant
was unable to forget the terrible                         scenes he had witnessed. In 1862,
he decided to write "A Memory of                          Solferino" which he published at
his own expense and circulated to                         friends, philanthropists, military
officers, politicians and prominent                       families. The book was a major
success.

The Geneva Society for Public Welfare, a charitable association based in the Swiss city
of the same name, decided to set up a five-member commission to consider how Henry
Dunant's ideas might be implemented. This commission met and founded the
International Committee for Relief to the Wounded in time of war that later became the
International Committee of the Red Cross.




B-4
                                   Appendix C


                                   C: Pledges and follow-up to the
                                   30th International Conference of
                                   the Red Cross and Red Crescent

                                   Pledge P178 National Society - Canada
Government - Canada
Status: Final

Chapter(s): Chapter 01 : Specific nature of Red Cross and Red Crescent action

Chapter 02: International humanitarian law (IHL) and protection in armed conflict and
other situations of armed violence

Section(s): 1.5. Cooperation, coordination and capacity building within the Movement
2.8. The dignity of persons missing and their families

Specific Area(s): 2.8.2. Ascertain the fate of missing persons
2.8.3. Manage information and process files on missing persons

Proposed Evaluation Criteria:

Pledge text

For the years 2008-2011, we hereby pledge, taking into consideration the humanitarian
responsibilities of States towards affected populations requiring Restoring Family Links
assistance and the auxiliary role of the National Red Cross and Red Crescent Societies, to
co-operate with each other to support the implementation of the Restoring Family Links
Strategy for the International Red Cross and Red Crescent Movement.




                                                                                  C-1
                                     Pledges and follow-up to the
                                     30th International Conference
                                     of the Red Cross and Red
                                     Crescent

Pledge P288 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 01: Specific nature of Red Cross and Red Crescent action

Section(s): 1.1. National Societies role as auxiliaries to the public authorities

Specific Area(s):

Proposed Evaluation Criteria:

Pledge text

To renew the framework for cooperation between the Government of Canada and the
Canadian Red Cross to address better the humanitarian challenges of the 21st century by:
- working to reinforce the status and roles of the Canadian Red Cross as auxiliary to
public authorities in the humanitarian field; and,
- reviewing existing measures, arrangements and instruments supporting the relationship.




C-2
                                    Pledges and follow-up to the
                                    30th International Conference
                                    of the Red Cross and Red
                                    Crescent


Pledge P289 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed
conflict and other situations of armed violence

Chapter 06: The humanitarian consequences of violence in urban settings

Section(s): 2.7. Other areas of protection and assistance in armed conflict

Specific Area(s): 2.7.2. Civilian population (women, children, elderly, etc)

Proposed Evaluation Criteria:

Pledge text

To address the plight of children in violent urban settings and the creation of safe
environments:
- To make efforts to sustain international attention and action, make this issue a broader
policy focus of human security and undertake programmatic work directed at the city
level in regions and countries of priority;
- To take a leadership role in exploring the multiple dimensions of this issue through
collaborative research efforts with a view to advance the prevention of violence against
children in urban settings; and,
- To promote the need for and support the implementation of programming to prevent all
forms of violence against children in all settings, as identified in the UN Study on
Violence Against Children.

To address the problems faced by children in situations of armed conflict:
- To sustain international attention and action on the issue of children and armed conflict
as part of Canada’s broader policy focus on human security and the protection of
civilians;



                                                                                    C-3
- To support the full, effective and timely implementation of the UN Monitoring and
Reporting Mechanism and UN SCR 1612 as a whole through multilateral and bilateral
advocacy and programming and continued collaborative dialogue with civil society actors
through mechanisms such as the Government-NGO Forum on Children and Armed
Conflict); and,
- To advocate for the inclusion of all serious violations against children in situations of
armed conflict in the Annexed Lists to the Secretary-General’s reports and to seek greater
accountability for persistent violators through multilateral and bilateral advocacy and
programming and continued collaborative dialogue with civil society actors through
mechanisms such as the Government-NGO Forum on Children and Armed Conflict.




C-4
                                    Pledges and follow-up to the
                                    30th International Conference
                                    of the Red Cross and Red
                                    Crescent

Pledge P291 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed
conflict and other situations of armed violence

Section(s): 2.1. Treaties of IHL: adhesion and ratification
2.3. National implementation of IHL
2.5. Sanction mechanisms in response to violations of IHL

Specific Area(s):

Proposed Evaluation Criteria:

Pledge text

- To continue to reaffirm the importance of international humanitarian norms through
Canada’s ICC & Accountability Campaign, which supports projects designed to promote
the effective operation of the International Criminal Court and other accountability
mechanisms;
- To continue to focus on targeted and cost-effective technical legal assistance, capacity
building, education and outreach, particularly in States and among populations most
affected by the crimes being considered; and
To continue to encourage the widespread ratification and implementation of the Rome
Statute of the ICC, with a view to ending the culture of impunity for serious violations of
international humanitarian law.




                                                                                    C-5
                                   Pledges and follow-up to the
                                   30th International Conference
                                   of the Red Cross and Red
                                   Crescent

Pledge P292 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 03: Preparedness and response to disasters

Section(s): 3.1. Strengthening the legal framework for international response to disasters
3.2. Measures to minimize the impact of disasters on vulnerable populations

Specific Area(s):

Proposed Evaluation Criteria:

Pledge text

- To acknowledge the importance of disaster risk reduction measures to minimize the
impact of disasters on populations exposed to various hazards, and to continue to promote
and invest in disaster risk reduction efforts at the national and international level;
- To continue to support collaborative and coordinated national and international disaster
response mechanisms; and,
- To continue to examine domestic emergency management policies and regulations with
a view to identifying and addressing, as necessary, potential obstacles to receiving
international assistance in the event of a major domestic emergency. The Department of
Foreign Affairs (the lead on the International Disaster response Laws file for the
Government of Canada) and Public Safety Canada (the lead on domestic emergency
management for Canada) will work jointly with federal departments and other levels of
government to assess and identify possible solutions.




C-6
                                   Pledges and follow-up to the
                                   30th International Conference
                                   of the Red Cross and Red
                                   Crescent

Pledge P293 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 02 : International humanitarian law (IHL) and protection in armed
conflict and other situations of armed violence

Section(s): 2.6. Weapons and IHL

Specific Area(s): 2.6.1. End the suffering caused by anti-personnel mines

Proposed Evaluation Criteria:

Pledge text

- To continue to pursue the goal of a world free of the scourge of anti-personnel
landmines through the universalization and full implementation of the Convention on the
Prohibition on the Use, Stockpiling, Production and Transfer of Antipersonnel Mines and
on Their Destruction (the Ottawa Convention);
- To continue to assist States Parties to the Ottawa Convention to meet their treaty
deadlines for stockpile destruction and mine clearance, and to support the rehabilitation
of mine victims; and,
- To continue to work on mine action and related issues in close cooperation with other
States, UN Agencies, international organizations including the ICRC and the Geneva
International Centre for Humanitarian Demining, and civil society actors, particularly the
International Campaign to Ban Landmines.




                                                                                   C-7
                                     Pledges and follow-up to the
                                    30th International Conference
                                    of the Red Cross and Red
                                    Crescent

Pledge P294 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed
conflict and other situations of armed violence

Section(s): 2.6. Weapons and IHL

Specific Area(s): 2.6.3. Reduce the uncontrolled availability and misuse of weapons

Proposed Evaluation Criteria:

Pledge text

- To promote a comprehensive, people-centred approach to the issue of small arms and
light weapons by addressing both supply and demand factors, and by supporting
initiatives to improve human security and advance sustainable development by reducing
small arms related violence; and,
To continue to collaborate with the United Nations, States, international, regional, and
multilateral organizations and civil society to promote the effective implementation of the
UN Programme of Action on Small Arms and Light Weapons.




C-8
                                    Pledges and follow-up to the
                                    30th International Conference
                                    of the Red Cross and Red
                                    Crescent

Pledge P295 Government - Canada
National Society - Canada
Government - United States of America (the)
National Society - United States of America (the)
Status: Final

Chapter(s): Chapter 07: Public health challenges

Chapter 01: Specific nature of Red Cross and Red Crescent action

Section(s): 7.2. Access to health education, promotion and care, treatment and disease
prevention
1.5. Cooperation, coordination and capacity building within the Movement

Specific Area(s):

Proposed Evaluation Criteria: 1. In partnership with National Governments, RC/RC
Movement and other stakeholders support campaigns to increase LLIN coverage and use

2. Pre Campaign Social Mobilization / Post Campaign Long Lasting Insecticide Treated
/LLIN) "Hang Up" and "Keep Up" activities will be implemented by RC/RC Societies
and monitored for impact

3. To contribute expertise or partner with third parties to evaluate campaign attendance,
LLIN coverage and use, access to timely and effective diagnosis and treatment, and to
identify effective methods to increase net use.

4. The impact on health equity will be assessed to ensure that poorest and most
vulnerable are covered to the same extent as those who are less poor.

Pledge text

To reduce the risk of mortality and morbidity of vulnerable populations, specifically
women and children, by partnering with national health systems, Sister National Societies



                                                                                   C-9
and other stakeholders to counter the malaria global health challenge through increasing
equitable access to effective front-line treatment, mosquito nets, and health education.




C-10
                                    Pledges and follow-up to the
                                    30th International Conference
                                    of the Red Cross and Red
                                    Crescent

Pledge P296 Government - Canada
National Society - Canada
Status: Final

Chapter(s): Chapter 02: International humanitarian law (IHL) and protection in armed
conflict and other situations of armed violence

Section(s): 2.1. Treaties of IHL: adhesion and ratification
2.5. Sanction mechanisms in response to violations of IHL
2.7. Other areas of protection and assistance in armed conflict

Specific Area(s): 2.7.3. Protection of Medical Mission and security of humanitarian
workers (and journalists)

Proposed Evaluation Criteria:

Pledge text

- To promote safe and unhindered humanitarian access to individuals and communities in
need, and support measures or initiatives that improve the safety of humanitarian
workers;
- To encourage greater coordination among agencies on security management issues,
promote implementation of appropriate procedures and training for national and
international staff and support research related to their safety and security; and,
- To promote ratification and respect of relevant international treaties, including bringing
to justice those who attack humanitarian personnel.




                                                                                   C-11
                                Appendix D


D: Resolutions of the 30th International Conference of
   the Red Cross Red Crescent
                                 RESOLUTION 1


                          TOGETHER FOR HUMANITY


1.   adopts the Declaration “Together for Humanity” of the 30th International
     Conference;
2.   encourages all members of the Conference, in accordance with their respective
     powers, mandates and capacities, to work together to alleviate the suffering
     caused by the humanitarian consequences of the challenges outlined in the
     Declaration;
3.   urges all members of the Conference to include the resolutions adopted and their
     pledges made at the Conference in their efforts to optimize interaction and
     partnerships amongst themselves and together with other actors at the
     international, regional, and local levels;
4.   invites all members of the Conference to keep the ICRC and the International
     Federation informed of actions taken and progress made with the implementation
     of the Declaration and resolutions of the Conference as well as of their pledges;
5.   requests the ICRC and the International Federation to report to the 31st
     International Conference on the follow-up by Conference members to the
     resolutions and pledges of this Conference;
6.   welcomes the adoption by the Movement of its Restoring Family Links Strategy
     (2008-2018), in Resolution 4 of its 2007 Council of Delegates and calls upon
     State authorities to continue their support to the restoration of family links
     activities of the components of the Movement, particularly by strengthening
     National Societies’ capacities, in conformity with their role and mandate;
7.   notes that the International Federation has circulated its Global Health and Care
     Strategy 2006-2010 to member States and National Societies within the
     framework of the World Health Assembly and on other occasions, and expects
     that this document will add value to partnerships aimed at meeting public health
     challenges including those identified at this Conference;
8.   thanks the ICRC for its comprehensive work on the Study on customary
     international humanitarian law and for initiating, with the British Red Cross
     Society, the updating of the “Practice” Volume of the Study;
9.   expresses its appreciation to the ICRC for its report on "International
     humanitarian law and the challenges of contemporary armed conflicts", and




                                                                              D-1
      invites it to continue to analyse current and emerging challenges, to generate
      reflection and to conduct broad consultations on the issues identified;
10.   urges all members of the Conference to continue and intensify their efforts to
      implement the 2003 Agenda for Humanitarian Action as a relevant and
      comprehensive framework for action to address:
      •   the suffering caused by family separation and the persisting tragedy of
          persons missing in connection with armed conflict or other situations of armed
          violence;
      •   the human costs of the uncontrolled availability and misuse of weapons in
          armed conflicts;
      •   the risk and impact of disasters and the improvement of preparedness and
          response mechanisms;
      •   the risk and impact of HIV and other infectious diseases with regard to
          vulnerable people.




D-2
                                    RESOLUTION 2


    THE SPECIFIC NATURE OF THE RED CROSS AND RED CRESCENT
           MOVEMENT IN ACTION AND PARTNERSHIPS AND
         THE ROLE OF NATIONAL SOCIETIES AS AUXILIARIES
      TO THE PUBLIC AUTHORITIES IN THE HUMANITARIAN FIELD


1. Reaffirms that it is the primary responsibility of States and their respective public
   authorities to provide humanitarian assistance to vulnerable persons on their
   respective territories and that the primary purpose of National Societies as auxiliaries
   to the public authorities in the humanitarian field is to supplement them in the
   fulfilment of this responsibility;

2. Calls upon National Societies and respective public authorities to consolidate a
   balanced relationship with clear and reciprocal responsibilities, maintaining and
   enhancing a permanent dialogue at all levels within the agreed framework for
   humanitarian action;

3. Recognises that public authorities and National Societies as auxiliaries enjoy a
   specific and distinctive partnership, entailing mutual responsibilities and benefits,
   based on international and national laws, in which the national public authorities and
   the National Society agree on the areas in which the National Society supplements
   or substitutes public humanitarian services; the National Society must be able to
   deliver its humanitarian services at all times in conformity with the Fundamental
   Principles, in particular that of neutrality and independence, and with its other
   obligations under the Statutes of the International Red Cross and Red Crescent
   Movement as agreed by States in the International Conference of the Red Cross and
   Red Crescent;

4. Emphasises that

(a) National Societies as auxiliaries to the public authorities in the humanitarian field
    have a duty to consider seriously any request of their public authorities to carry out
    humanitarian activities within their mandate,

(b) States must refrain from requesting National Societies to perform activities which are
    in conflict with the Fundamental Principles or the Statutes of the Red Cross and Red
    Crescent Movement or its mission, that National Societies have the duty to decline
    any such request and underlines the need for the public authorities to respect such
    decisions of the National Societies;

5. Invites National Societies and Governments to clarify and consolidate the areas in
   which National Societies as auxiliaries cooperate at all levels with the public
   authorities;

6. Stresses that the National Society, whilst acknowledging that its personnel and
   assets are provided to the medical services of the State’s armed forces in


                                                                                   D-3
   accordance with Article 26 of the First 1949 Geneva Convention and thus subject to
   military laws and regulations, must respect the Fundamental Principles, including
   that of neutrality, and at all times maintain its autonomy and ensure that it is clearly
   distinguishable from military and other governmental bodies;

7. Invites the International Federation and the ICRC, in consultation with States and
   National Societies, to make available and further develop relevant information
   material for National Societies, public authorities and other interested bodies,
   including guidelines, legal advice and best practices, in support of partnerships
   between National Societies and the public authorities in the humanitarian field.




D-4
                                     RESOLUTION 3


                  REAFFIRMATION AND IMPLEMENTATION OF
                    INTERNATIONAL HUMANITARIAN LAW

            "Preserving Human Life and Dignity in Armed Conflict"


Respect and Ensure Respect
1. Reaffirms the obligation of all States and parties to an armed conflict to respect and
ensure respect for international humanitarian law in all circumstances;
2. Stresses, in this regard, the obligation of all States to refrain from encouraging
violations of international humanitarian law by any party to an armed conflict and to exert
their influence, to the degree possible, to prevent and end violations, either individually
or through multilateral mechanisms, in accordance with international law;


Fundamental Guarantees
3. Reaffirms that all persons in the power of a party to an armed conflict, including
persons deprived of their liberty for reasons related to the armed conflict, are entitled to
the fundamental guarantees established by international humanitarian law in both
international and non-international armed conflict and that, as a result, no one can be
outside the law;
4. Stresses that these fundamental guarantees apply without any adverse distinction
based upon race, colour, sex, language, religion or belief, political or other opinion,
national or social origin, wealth, birth or other status, or on any other similar criteria;
5. Reaffirms, in this regard, the continued importance of full compliance with Article 3
common to the 1949 Geneva Conventions, expressing certain fundamental guarantees,
as supplemented by applicable treaty law and customary international law;
6. Reaffirms the obligation of humane treatment for all persons in the power of a party to
an armed conflict, including persons deprived of their liberty for reasons related to the
armed conflict, and the obligation to respect their personal convictions and religious
practices, and reaffirms, in this regard, the prohibition of murder, torture, whether
physical or mental, cruel or inhuman treatment, outrages upon personal dignity, in
particular humiliating and degrading treatment, corporal punishment, mutilations, medical
or scientific experiments, rape and other forms of sexual violence, the taking of
hostages, enforced disappearance and collective punishments;
7. Stresses the vital importance of providing all persons deprived of their liberty for
reasons related to an armed conflict, whether detained or interned, with procedural
safeguards aimed at ensuring that such detention or internment is lawful and does not
amount to arbitrary deprivation of liberty, including a review of the basis and continued
legality of the detention or internment by an independent and impartial body, without
prejudice to the legal regime applicable to prisoners of war;
8. Reaffirms that all persons subject to arrest on a criminal charge and those on trial are
entitled to a fair trial affording all essential judicial guarantees, including the presumption


                                                                                      D-5
of innocence, trial by an independent, impartial and regularly constituted court, and
necessary rights and means of defence;
9. Recognizes that additional, specific protections are provided under international
humanitarian law to prisoners of war and other protected persons, such as civilian
internees;


Humanitarian and Medical Assistance
10. Reaffirms the obligation of parties to an armed conflict, as well as third States, to
grant humanitarian relief and relief workers rapid and unimpeded access to civilian
populations in need, subject to and in accordance with international humanitarian law,
including sovereign consent, and further reaffirms, in this regard, the obligation to
respect and to protect humanitarian relief personnel;
11. Recalls the obligation to respect and to protect medical personnel, including Red
Cross and Red Crescent workers, their means of transport, as well as medical
establishments and other medical facilities at all times, in accordance with international
humanitarian law, and recognizes the importance of medical personnel having access to
any place where their medical services are required;
12. Stresses the obligation of all parties to an armed conflict to recognize and uphold the
protective value of the distinctive emblems recognized by the Geneva Conventions and,
where applicable, their Additional Protocols;
13. Deplores the misuse of medical establishments and other medical facilities and of
the distinctive emblems to carry out military operations that place civilians, the wounded
and sick, and medical personnel in danger;


Conduct of Hostilities
14. Reaffirms the principle of distinction between civilians and combatants and between
civilian objects and military objectives as a cardinal principle of international
humanitarian law strictly to be observed by all parties to armed conflict at all times,
regardless of the motives underlying the armed conflict;
15. Reaffirms the prohibition of attacks directed at civilians or civilian objects, the
prohibition of indiscriminate attacks, the principle of proportionality in attack, the
obligation to take all feasible precautions in attack, as well as against the effects of
attack, to protect and spare the civilian population, and the prohibition on using human
shields;
16. Reaffirms the prohibition of acts or threats of violence, the primary purpose of which
is to spread terror among the civilian population;
17. Reaffirms that the right of the parties to an armed conflict to choose methods and
means of warfare is not unlimited and that it is prohibited to employ weapons, projectiles
and material and methods of warfare of a nature to cause superfluous injury or
unnecessary suffering;
18. Calls on all States to increase their efforts to strengthen the protection of civilians
against the indiscriminate use and effects of weapons and munitions and recognizes, in
this regard, the need to urgently address the humanitarian impact of explosive remnants
of war and cluster munitions, including through rigorous application of existing rules of


D-6
international humanitarian law and additional national and international actions that will
minimize the harmful effects of these munitions on civilians, including assistance to
victims;
19. Recalls the obligation as expressed in Additional Protocol I (Art. 36) to review the
legality of new weapons, means and methods of warfare and urges all States to consider
establishing specific review mechanisms to this effect;
20. Stresses that, in light of the obligation of States to respect and ensure respect for
international humanitarian law, adequate measures to control the availability of arms and
ammunition are required so that they do not end up in the hands of those who may be
expected to use them to violate international humanitarian law;


Achieving Effective Implementation
a. National Implementation
21. Recalls that the obligation to respect international humanitarian law cannot be
fulfilled without domestic implementation of international obligations and therefore
reiterates the need for States to adopt all the legislative, regulatory and practical
measures that are necessary to incorporate international humanitarian law into domestic
law and practice;
22. Emphasises, in this regard, the need to adopt such measures for the use and
protection of the distinctive emblems, the repression of serious violations of international
humanitarian law, the protection of cultural property, the regulation of means and
methods of warfare and the protection of the rights of missing persons and their families,
among others;
23. Acknowledges with satisfaction the effective role and increasing number of national
committees and other bodies involved in advising and assisting national authorities in
implementing, developing and spreading knowledge of international humanitarian law,
and encourages States which have not yet established such a national committee or
similar body to consider doing so;


b. Doctrine, Training and Education
24. Recalls that, in order to ensure respect for international humanitarian law in the
conduct of military operations, it is essential that the law be translated into measures and
mechanisms, at both the level of doctrine and procedures. It is equally important that
armed forces personnel at all levels be properly trained in the application of international
humanitarian law;
25. Stresses, in this regard, the responsibility of military commanders for the training of
their personnel and for the orders they give to their subordinates, and recalls that it is
essential therefore that commanders receive training commensurate with their
responsibility;
26. Recalls the importance, to this end, of the availability within armed forces of legal
advisers to advise commanders, at the appropriate level, on the application of
international humanitarian law;
27. Reaffirms that it is equally important that the civilian population be educated about
international humanitarian law and, in this regard, encourages States to intensify their


                                                                                    D-7
efforts and, in particular, to adopt educational programmes for young people, such as
the education modules Exploring Humanitarian Law, and encourages National Societies
to increase their efforts to spread knowledge of international humanitarian law in all
sectors of society;


c. Ending Impunity
28. Recognizes that while implementation, training and education are prerequisites for
States to comply with their obligation to respect international humanitarian law,
enforcement, in particular through the rigorous application of the system of individual
responsibility for serious violations of international humanitarian law, is required to put an
end to impunity and to encourage future respect;
29. Stresses, in this regard, that it is indispensable that all States create a domestic legal
framework for the investigation of crimes under international law, in particular war
crimes, and for the prosecution or extradition of persons suspected of having committed
such crimes;
30. Underlines the importance of visible, predictable and effective sanctions, whether
penal or disciplinary, in order to ensure respect for international humanitarian law and to
deter future violations;
31. Urges States to make further progress in promoting accountability for the
commission of crimes under international law by making domestic criminal justice more
effective through, inter alia, assistance to States in developing the capacities of their
domestic courts, by improving international judicial cooperation among States, as well as
between States and international and "mixed" criminal courts and tribunals, by
considering becoming party to the Statute of the International Criminal Court and by
providing for jurisdiction over such crimes consistent with international law;
32. Encourages the use of fact-finding mechanisms, such as the International Fact-
Finding Commission established under Article 90 of Additional Protocol I, in restoring
respect for international humanitarian law;
33. Invites the ICRC, in furtherance of its previously reported efforts, to continue its
reflection and work on improving compliance with international humanitarian law, and to
include, where appropriate, an update in its reporting to the next International
Conference on this issue;
34. Reminds States of the need to address victims' rights in accordance with
international law;
35. Calls upon all Members of the Conference to take effective measures to implement
this resolution.




D-8
                               RESOLUTION 4


ADOPTION OF THE GUIDELINES FOR THE DOMESTIC FACILITATION AND
  REGULATION OF INTERNATIONAL DISASTER RELIEF AND INITIAL
                   RECOVERY ASSISTANCE


  1.   adopts the Guidelines for the Domestic Facilitation and Regulation of
       International Disaster Relief and Initial Recovery Assistance;


  2.   encourages States to make use of the Guidelines to strengthen their national
       legal, policy and institutional frameworks as well as when developing, if
       appropriate, bilateral and regional disaster assistance agreements,
       understanding that the Guidelines do not constitute binding legal obligations;

  3.   emphasizes that, with regard to Red Cross and Red Crescent disaster relief
       and recovery activities, the Guidelines will be read consistent with the
       established rules, principles and practices of the Movement, including the
       Statutes of the International Red Cross and Red Crescent Movement as
       amended in 1995 and 2006, the Principles and Rules for Red Cross and Red
       Crescent Disaster Relief as amended in 1995, the “Seville Agreement” on the
       Organization of the International Activities of the Components of the
       International Red Cross and Red Crescent Movement of 1997, and the
       Supplementary Measures to Enhance the Implementation of the Seville
       Agreement of 2005, and will not affect any existing legal arrangements
       between the individual components of the Movement and concerned States;

  4.   invites States the International Federation and National Societies to bring
       these Guidelines to the attention of international and regional inter-
       governmental and non-governmental organizations concerned with disaster
       relief and recovery assistance;

  5.   invites the International Federation and National Societies, in close
       collaboration with the United Nations as well as other relevant international
       and regional organizations, to:

       (i)     disseminate and support the use of the Guidelines in strengthening
               national legal, policy and institutional frameworks for disaster
               response;
       (ii)    promote the mainstreaming of the Guidelines in all relevant existing
               legal development and disaster management and risk reduction
               initiatives, particularly the strengthened International Strategy for
               Disaster Reduction (ISDR) system and its regional platforms for
               disaster risk reduction; and
       (iii)   continue their research and advocacy efforts, and the development of
               tools and models for the improvement of legal preparedness for
               disasters;



                                                                             D-9
  6.   invites the International Federation, in consultation with National Societies, to
       submit a progress report on the implementation of this resolution to the 31st
       International Conference of the Red Cross and Red Crescent.




D-10
                                RESOLUTION 5


           FOLLOW-UP TO THE IMPLEMENTATION
OF THE MEMORANDUM OF UNDERSTANDING OF 28 NOVEMBER 2005
     BETWEEN THE PALESTINE RED CRESCENT SOCIETY AND
             THE MAGEN DAVID ADOM IN ISRAEL



1. Endorses the Council of Delegates’ Resolution [CD/07/R2] of 24 November 2007
   on the implementation of the MOU and the AOA between PRCS and MDA, and
   expresses its full support for the steps called for therein;

2. Supports the efforts by the Movement to strengthen monitoring, and in this regard

   •   Requests the ICRC and the IFRC to appoint an independent monitor, after
       seeking the views of the two National Societies, who shall enjoy the
       institutional backing and support of the Movement;

   •   Invites interested National Societies to support the work of the independent
       monitor in appropriate ways upon his request;

3. Encourages the MDA and the PRCS to enhance their cooperation to achieve full
   implementation of the MOU consistent with the Statutes and all applicable Rules
   and Principles of the Movement;

4. Calls on all Authorities concerned to support the full implementation of the MOU;

5. Calls upon the independent monitor to report to the IFRC and the ICRC, for
   appropriate follow-up, on the following two topics:

   •   Progress towards the full implementation of the MOU, and

   •   Steps taken to support and strengthen the monitoring of the implementation
       of the MOU, as well as to support cooperation between the two National
       Societies,

   by 31 May 2008;

6. Decides to include the progress reports referred to above in the agenda of the
   31st International Conference of the Red Cross and the Red Crescent.




                                                                             D-11
                                    Appendix E

E: Highlights of Major Canadian Red Cross Domestic
   Emergency Management Responses–1917 to Present

2008: Propane Facility Explosion   • 100 homes declared unsafe
& Evacuation                       • 20 volunteers registered 200 displaced persons with the Red
                                     Cross Registration and Inquiry Service
                                   • Prepared and provided shelter for any displaced persons
                                   • Worked in cooperation with Toronto Humane Society in order
                                     to make sure the clients with pets are safe and well; worked
                                     with Salvation Army, who delivered meals and City of
                                     Toronto’s Shelter Housing and Support

2008: New Brunswick Floods         • Canadian Red Cross provided shelter to over 100 people;
                                     distributed kits containing water testing kits; information on
                                     applying to the Government of New Brunswick for Disaster
                                     Financial Assistance; and assisted residents whose homes were
                                     determined unsafe by city officials
                                   • 100 volunteers from Atlantic Canada provided this assistance

2007: Gaspésie Floods              • 496 people assisted in the relief and recovery phases of this
                                     response
                                   • 4,790 volunteer hours
                                   • Over $200,000 were expended by the Society

2006: Mistissini (Québec) Fires    • More than 800 people assisted
                                   • 150 volunteers managed emergency shelters and offered
                                     services

2006: Support to Canadians         • assisted at Canadian airports
affected by the Lebanon Crisis     • Quebec helped over 5,400 people
                                   • 10, 500 volunteer hours in Quebec alone


2005: Western Canada: Floods       • Over 200 communities ravaged by flooding between June and
and Severe Weather                   August, 2005
                                   • Canadian Red Cross staff and volunteers contributed over
                                     11,000 hours in providing food, clothing, blankets, and lodging
                                     assistance, as well as clean-up and comfort kits, and
                                     registration and inquiry services

2004: Peterborough, Ontario:       • over 4,500 home clean-up kits distributed
Floods                             • 1,200 volunteers worked for 7,600 hours on home assessments,
                                     cleanup, etc




                                                                                             E-1
2003: Nova Scotia: Hurricane        • 27,000 people were assisted with emergency feeding,
Juan                                  community outreach or other services
                                    • 250 volunteers gave 4,400 hours of service

2003: British Columbia: Forest      • 728 households assisted
Fires                               • $5.3 million raised
                                    • 750 volunteers provided 20,000 hours of support

2003 : Bois-Francs, Québec Floods   • 150 families received emergency food, clothing, home clean
                                      up and repair

2003: Ontario: SARS Epidemic–       • 12,000 health kits delivered to quarantined homes
Spring,                             • 13,000 volunteer hours


2003: Badger, Newfoundland:         • 900 people assisted with lodging, clothing, feeding and
Flood                                 personal services Over $2.3 million raised
                                    • Over 35,000 volunteer hours

                                    • Provided assistance to 33,000 grounded air travel passengers
                                    • Over $27 million raised
2001: New York City: Terrorist      • 146 volunteers deployed to assist American Red Cross in New
Attacks – September 11                York City
                                    • $2.3 million provided to affected families in Canada and
                                      recovery workers in Canada and U.S.

1999: Trenton, Ontario:             • 158,000 volunteer hours
Temporary Safe-Haven for 5,000      • 2,400 days Staff worked
Kosovar refugees

1998: Nova Scotia: Crash of         • Over 1,000 people helped, including families of 229 deceased
SwissAir Flight 111                   and local people affected by the disaster
                                    • 255 volunteers and staff involved


1998: Ontario, Quebec and           • 334,000 people assisted $14 million raised
Atlantic Provinces: Ice Storm       •   3,300 volunteers and staff

1997: Manitoba: Flood               • 30,000 evacuees assisted $26 million raised
                                    • 2,200 volunteers and staff

1996: Saguenay Region, Quebec:      • 16,000 people supported by 1,600 volunteers and staff
Flood                               • $32 million raised

1990: Oka Crisis                    • Delivered food, medicine & medical equipment to 3,600
                                      civilians
                                    • Registered 659 voluntarily evacuated people
                                    • 18 on-site assessments for newborns, pregnant women, elderly
                                      etc., and 10 medical assistance missions




E-2
1987: Edmonton Tornado             • This storm was responsible for 25 deaths and more than 300
                                     injuries
                                   • Red Cross emergency centre was up and running within four
                                     hours of the storm
                                   • 10,000 people registered with Tracing Services

1985: Barrie Tornado               • In cooperation with municipal officials and other agencies
                                     assisted 10,000 people through Registration and Inquiry
                                     Services
                                   • Provided shelter and meals

1979: Mississauga Train            • North America’s largest evacuation up to that time
Derailment                         • 25,000 people were evacuated from urban area
                                   • Red Cross was responsible for approximately 10% of evacuees

1956: Springhill Disaster          • Red Cross provided assistance in Springhill and Halifax
                                   • Red Cross volunteers from New Brunswick and Prince Edward
                                      Island dispensed medical aid

1954: Hurricane Hazel – Ontario    • More than 12,000 individuals given emergency assistance
                                   • Over $59,000 was allocated to this emergency
                                   • Hundreds of Red Cross Volunteers distributed aid relief

1951: Tidal Wave in                • More than 600 people displaced to hospitals and schools
Newfoundland                       • The Society provided assistance to over 931 individuals

1950: Red River Valley Floods      • Evacuated more than 5,500 people
                                   • Material aid provided to approximately 20,000
                                   • 4,400 volunteers staffed disaster relief operations
                                   • Distributed more than half a million dollars in aid relief
                                     supplies

1949: Noronic Disaster (American   • The Society, working closely with the American National Red
Cruise ship disaster in Toronto      Cross, reached a milestone in medico-legal history in
Harbour)                             achieving positive identification of all but 3 of the 119 victims
                                     of this disaster

1939-1945: (W.W. II)               • The Society organized the contribution of money and materials
                                     to a value of over 22 million dollars
                                   • Provided comfort and relief to sick and wounded soldiers as
                                     well as 34,325 cases of supplies overseas.

1918: Influenza Epidemic           • 50,000 Canadians died
                                   • Affected 20% of the world’s population
                                   • Red Cross provided nursing care, supplies

1917: Halifax Explosion            • Explosion caused 196 deaths and 9,000 injured
                                   • 25,000 people were left homeless
                                   • The Nova Scotia Branch of the Society was comprised of
                                     mostly women coordinated relief efforts, focused on delivering
                                     medical supplies to aid stations and hospitals




                                                                                             E-3
                                 Appendix F

F: Highlights of Canadian Red Cross International
   Emergency Management Responses–1996 to Present
                                 • Total funds received: $44.15 million contributed by
                                   individuals, corporations and Governments for relief efforts
                                 • Delivered 7,250 urgently needed tents to survivors and
                                   supported the Government of Canada’s deployment of 700
China: Earthquake, May 2007
                                   additional tents.
                                 • A Canadian Red Cross aid worker was deployed to lead the
                                   International Red Cross response, which included the
                                   mobilization of 100,000 tents.
                                 • Total Funds Received: $5.4 million contributed by individuals,
                                   corporations and governments for relief efforts.
                                 • Canadian Red Cross deployed a logistics delegate to Myanmar
                                   to provide logistics support for the International Federation of
Myanmar: Cyclone, May 2007         Red Cross Red Crescent Societies’ relief operation, which has
                                   included the delivery of over 2,500 tonnes of emergency
                                   supplies to affected communities.
                                 • 2,000 emergency shelter kits were coordinated by the Canadian
                                   Red Cross and sent by the Government on Canada.

Indonesia: Earthquake, May       • Over $3 million contributed by individuals, corporations, and
2006                               governments for relief efforts
                                 • Sent 10,000 tarpaulins (plastic sheeting)
                                 • $22.3 million contributed by individuals, corporations, and
South Asia (Pakistan/Kashmir):     governments for relief efforts
Earthquake, October 2005
                                 • Deployed over 1,000 metric tons of relief goods from Canadian
                                   Red Cross; and an additional 100 metric tons from CIDA

Southern United States:          • Over $31 million contributed to the Canadian Red Cross
Hurricanes Katrina, Rita and     • 238 Canadians have now assisted the American Red Cross
Wilma, August-October 2005         relief efforts in Louisiana, Alabama, Texas and other states
                                   affected by Hurricanes Katrina, Rita and Wilma
                                 • Over one million kilograms of relief items sent to affected
                                   regions within the first three months
                                 • Over $350 million received in donations, including $132
                                   million in matching funds from the federal government
Southeast Asia: Tsunami,         • Deployed over 90 delegates to work in the areas of health,
December 2004                      nursing, disaster preparedness, construction, engineering, water
                                   and sanitation, finance and logistics
                                 • Canadian Red Cross continues to support the daily
                                   humanitarian needs and long-term recovery of affected
                                   communities, through financial aid, reconstruction and
                                   development programs, and deployment of delegates
                                 • Canadian Red Cross is committed to working in the area until



                                                                                            F-1
                                    recovery is complete, which is expected to take up to 10 years

Caribbean/Southern United        • Sent 50 metric tons of relief goods including plastic sheeting,
States: Hurricane Ivan and         generators and water cans to Jamaica, Grenada and Haiti
Tropical Storm Jeanne,           • Deployed 102 volunteers to assist the American Red Cross in
September 2004                     Florida and Alabama

                                 • Sent an airbus containing generators, tents, plastic sheeting,
Bam, Iran: Earthquake,             etc., dispatched within 48 hours
December 2003
                                 • $2.6 million raised
                                 • 27 metric tonnes of relief goods sent to El Salvador by Rapid
Central America (El Salvador):     Response Unit
Earthquake, January 2001
                                 • 2 military Hercules aircraft left with supplies within 48 hours
                                 • 2 airbuses with plastic sheeting, jerry cans, chlorine packs
Southern Africa: Floods, March     dispatched to Mozambique
2000
                                 • $1 million raised
                                 • Refugees from Kosovo evacuated to Canada
Balkans: Operation               • Support, comfort and aid provided to 5,051 refugees on seven
Parasol/Conflict Spring/Summer     Canadian Forces Bases
1999                             • $5.5 million raised
                                 • 4,400 volunteers involved
Turkey: Earthquakes, August      • $4 million raised
and November 1999
                                 • Coordinated relief supplies from 31 Canadian organizations
Central America: Hurricane       • 20 flights carrying over one million pounds of relief goods sent
Mitch, October 1998                to Central America
                                 • $10 million raised




F-2
                                  Appendix G

G: Canadian Red Cross International Operations: Strategy
   and Relations with the Government
Review of Value Added of international efforts of the Canadian Red Cross Society/CRCS to the
Government of Canada



EXECUTIVE SUMMARY

This report outlines a possible strategy for international operations, and proposes actions
to enable CRCS to establish a renewed partnership with government in future.

CRCS overall context and growth of international operations in recent years

The report begins with an overview of CRCS noting that it exists in a competitive
environment, with many NGOs. It has a strong reputation, especially as an organization
helping the people affected by disaster in Canada and abroad. It has a well-established
relationship with government at federal and provincial level and has invested in the
“Auxiliary to Government” (ATG) project with a view to strengthening this relationship.

CRCS international operations have grown significantly in recent years. They include
disaster and development operations and are carried out through support to multilateral
programmes of the ICRC and Federation as well as and bilateral programmes run by
CRCS directly with other national societies. International operations have grown as a
quite separate operating entity within the CRCS, dependent entirely on project financing
and with limited relationships with the Zones.

The tsunami was a defining event, challenging international operations to grow fast
enough to implement the ambitious plans for using the large resources that became
available. There were achievements but also delays in project management and reporting
which lead to criticism from government in 2007. CRCS has however invested in
improving its operational capacity and rebuilding its relations with CIDA, and this has
rebuilt confidence with the CIDA Humanitarian Assistance staff at the operating level.
International operations have also expanded in the development sector, including
particularly with the malaria programme and capacity building programmes in Africa.

Three draft strategies covering emergencies, health and development have been prepared.
All are useful documents, which need finalization and integration into an overall
international operations strategy – a process which the present report will hopefully
facilitate.


                                                                                    G-1
CRCS has an unusually strong capacity in the broadly defined “protection” area - in
Canada and internationally. This includes IHL, promotion of humanitarian values,
restoring family links, monitoring of detained migrants, the RespectED programme and
work to create safe working environments.

ICRC and Federation perspectives

The ICRC and the Federation both value the contributions of CRCS to the life and work
of the movement and to international operations. The quality of the delegates provided by
Canadian Red Cross is particularly valued. In addition ICRC and Federation value
different aspects of CRCS programme capacities that are particularly relevant to their
mandates and draw on CRCS in relation to these.

The “CRCS/ICRC cooperation project” which was the subject of a study and report in
2007 is interesting and worth finalizing – particularly in the context of the society’s
intention to strengthen its relations with government.

Current relations with government and others

The Auxiliary to Government (ATG) project is important and should provide the
framework for CRCS relations with government, for all parts of the Society - including
international.

Government policy on international cooperation includes several points which resonate
with Red Cross policy and priorities and provide a basis for cooperation. Overall
government has a positive perception of the Red Cross. There are however points of
concern mentioned in informal conversation by some. These include: a perceived lack of
focus; taking on too much; and providing insufficient information and public
communication on its actions and the role of government in supporting these. There are
also many points of positive appreciation of the Red Cross nationally and internationally.

There are ways in which CRCS can improve its interactions with government, making
them more purposeful, more results-focused and with better follow-up. CRCS should
develop a reciprocal relationship with government, offering assistance as well as
requesting support. Greater ability to engage in policy work on humanitarian issues is an
area where CRCS capacity to work with government should be strengthened. Follow-up
to the joint CRCS/Government pledges of the last International Conference of the Red
Cross Red Crescent is an area of potential cooperation.

CRCS should also be more attentive to its relations with NGOs – both because they are
important in their own right and because they indirectly affect CRCS reputation with
government.




G-2
Experience of other National Societies in developing their relations with government

Almost all the participating societies that were invited to share their experience of
building relations with their own governments were happy to do so and provided valuable
insights. Conversations with them also highlighted some more general concerns,
including one about the overall impact of more and more participating societies
developing operating capacity and bilateral programmes.

National societies have the impression that their governments see their added value in a
range of general qualities, including that of being a reliable, competent and trustworthy
partner with a strong volunteer base and a national and international network for
operations. Other characteristics that were particularly mentioned as being valued
included, for example, the ability to debate policy with government from well founded
positions, the national society role in building civil society and the ability to take on
challenging humanitarian actions in politically charged environments.

National society experience also provides the basis for a guide to the process of building
relations with government. Some important points include: defining the relationship to be
of mutual benefit; building high-quality relations; good internal organization for the
relationship; advocacy in areas of Red Cross competence; alertness to respond to public
and political events from the Red Cross perspective; and ways to make the relationship
practical.

The future – risks, vulnerabilities and response

Recent work at the national and international level has identified a number of trends
which Red Cross – and governments – should address in their humanitarian programmes.
These include the impact of climate change, international migration, violence (in
particular in urban settings), emerging diseases and other public health challenges. CRCS
is complementing this with more specific work (currently under way) on vulnerability
and capacity analysis for Africa and the Americas.

CRCS has programming strengths, at the national and/or international level on which to
build its response to these needs. These include disaster response and recovery, risk
reduction, health, protection, and capacity building. CRCS international capacity should
include both an operational and a policy/advocacy dimension.

The future – perspectives for international cooperation

The network of national societies is a big asset for international cooperation. There has
been innovative work in recent years to develop programmes on a significant scale that
respond to health challenges as well as disaster and conflict. There is potential to grow
these, enabling national societies and the Federation to jointly realize more of their
potential for responding to humanitarian needs.




                                                                                  G-3
However the challenges of coordination within a large and complex Movement are great
and need concerted efforts. Without this, the risk of increasing participating national
society capacity is that there are too many actors and that they are too expensive - and not
coherent or effective in assisting internationally through operating national societies. As
an explicit part of its international operations strategy CRCS should play an active role to
support efforts to realize the potential of the Movement, and to contribute to the
development of coherent and effective action by the different components.

The future - Organizational perspectives

Developing a new international operations strategy and strengthening relations with
government for international work will have a number of organizational implications.
These include strengthening the policy capacity of the international team in core areas,
including disaster response and risk reduction, health and capacity building, and possibly
protection.

The international operations team needs to strengthen its cooperation with the Movement
relations function at headquarters and, more generally, with other programmes at
headquarters. It also needs to adjust its staffing and working processes in order to
strengthen its relationships and cooperation with the Zones.

The international operations team currently covers both programme functions and support
functions in areas such as logistics, finance, human resources, and public relations. It may
be timely to consider over the next year or two whether some of the support functions
should be more integrated with the headquarters support functions.

The emerging strategy for international operations

Four options are outlined for the future of international operations, representing different
levels of ambition (paradigm shift, the progressive development, consolidation,
retrenchment).

Key elements for the substance of the international operations strategy, drawing on
previous work by others in the CRCS and the current study, are outlined. These
emphasize the importance of a better integration with the Canadian Red Cross as a whole,
an overarching focus on emergencies and risk reduction, capacity building, movement
coherence, learning partnerships, a human resources focus, and influencing and
advocating.

To resource the strategy, CRCS needs to build further on already strong relations and
existing mechanisms for cooperation with government on emergencies. With regard to
development, there is a need to invest in developing understanding in government of the
case for RC involvement in this sector. This needs to be done before making specific
efforts to secure resources for specific programmes from the bilateral section of CIDA.




G-4
International operations should work more closely with the society’s fund development
teams. A proportion of the resources received from the public should be allocated to
international - both to recognize probable donor intent and to strengthen CRCS position
in its negotiations with the government for support to international programmes.

Developing the relationship with government

To build a strengthened partnership with government CRCS will need a coherent overall
approach. Eight elements of such an approach are outlined, beginning with coherence and
clarity of purpose. The CRCS international operations strategy that is proposed is well
aligned with the orientation of the government of Canada to international relations on a
number of key points. These are highlighted and should feature in presentation of the
strategy, and its added value to government. In addition CRCS should involve
government in reflecting on the long-term ambitions of the strategy and contributing to
their inputs to its further development.

A number of specific events that can help to focus implementation of the strategy and the
strengthening of relations with government are highlighted. These include the preparation
of the CRCS Strategy 2010 to 2015, the CRCS Centenary and work on the pledges from
the International RCRC Conference of 2007 and preparation for the conference of 2011.

Recommendations

The review concludes recommendations under five main headings

   o Decide the level of ambition for the future of international operations
   o Finalize the overall international strategy, as a basis for operations and the
     development of relations with government
   o Mobilize resources for the international strategy through CRCS own fund
     development as well as through partnership with government
   o Develop the current positive but loosely structured relationship with government,
     to the benefit of both the Red Cross and government
   o Develop the relationship with government over the long-term building towards
     specific milestones




                                                                                 G-5

				
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