Palestinian Canadians Sue Their Foreign Affairs Minister
Pro-Palestinian demonstrators, including a large crowd at Parliament Hill in Ottawa, protest the government's provision of aid to Israel. Source: CBC
On Tuesday, March 5, a group of lawyers and Palestinian Canadians filed a lawsuit against Foreign Affairs Minister Melanie Joly addressing the export of military equipment to Israel. They argue that these exports breach Canada’s obligations under international law—based on the Genocide Convention and the Arms Trade Treaty of the UN—as well as domestic law outlined in the Export and Import Permits Act (EIPA).
The legal action spearheaded by Al-Haq, a Palestinian non-profit organization, the Canadian Lawyers for International Human Rights (CLAIHR), and a group of Palestinian Canadians, is attempting to compel the federal court to direct the Canadian government to stop issuing export permits for military goods and technology supporting Israel’s siege on Gaza.
In an interview with Al-Jazeera, Henry Off, a CLAIHR board member involved in the case, told reporters, “We don’t want the Canadian government to be contributing to the mass starvation and bombardment of Gaza. One way of cutting off Canada’s contributions is by cutting off its military support [to Israel].”
According to sections 7.3-7.4 of the EIPA, when assessing whether to grant a permit for "arms, ammunition, implements, or munitions of war," the Canadian foreign Minister must evaluate if their export could contribute to significant violations of international humanitarian law or human rights, including offenses outlined in conventions.
Since last October, the Health Ministry in Gaza reported that at least 32,070 Palestinians have died in Israeli attacks on the Gaza Strip, with 74,298 others injured according to reporting released on March 22. The UN further reports the conflict has forced 85% of the territory's population into internal displacement, causing severe shortages of essential supplies like food, clean water, and medicine. This forced evacuation could constitute a war crime, exacerbated by the 17-year blockade that hinders aid and essential goods' entry into Gaza, leading to acute food insecurity affecting over 90% of the population and risking famine. Starvation as a tool of war is a war crime and violates international law, bringing Canada’s actions of military support further into question.
“Not only has Israel created one of the worst humanitarian crises in the world, but it is also displaying a callous indifference to the fate of Gaza’s population by creating conditions which the ICJ has said places them at imminent risk of genocide,” said Heba Morayef, Regional Director for the Middle East and North Africa at Amnesty International. These circumstances have led to Israel facing accusations of genocide with the International Court of Justice (ICJ). In a preliminary ruling in January, the ICJ ordered Tel Aviv to cease genocidal acts and ensure the provision of humanitarian aid to Gaza's civilians.
These circumstances bring Canada’s export permits into question. After the events of October 7, 2023, Israel has received upwards of C$28.5m ($21m) in issued military export permits between October 9 and early December. After being questioned on the aid, Global Affairs Canada (GAC) acknowledged in a statement provided to The Maple that it has authorized new permits for unspecified military exports to Israel since October 7. The GAC characterizes these goods as "non-lethal” equipment, a term with no legal definition and that arms-monitoring experts say can refer to components of deadly weapons.
Kelsey Gallagher, a researcher at the peace research institute Project Ploughshares, shared insights into Canada's military exports to Israel, highlighting that they primarily comprise parts and components. These components are generally categorized into electronics and space equipment, military aerospace exports and components, and various military explosives like bombs, missiles, and rockets. However, despite this categorization based on Canada's official reports on weapons exports, Gallagher emphasized the lack of clarity regarding the specific nature of these technological pieces.
On Monday, March 18, Canada's parliament passed a non-binding motion related to the Gaza conflict, urging the government to cease approving and transferring arms exports to Israel. This action aligns with the efforts of pro-Palestinian and human rights advocates who have taken legal steps to prevent Ottawa from facilitating military exports to Israel, indicating a growing public sentiment in support of Gaza and condemnation of human rights violations.
Similar motions have been initiated globally, such as Danish NGOs plan to sue Denmark to halt arms exports to Israel, citing concerns over crimes against civilians. This collective movement reflects a global condemnation of Israel's war practices and highlights citizens' efforts to hold governments accountable for supporting actions that exacerbate human rights abuses and genocidal practices used against Palestinians.