Israel supporters flout Canadian law with impunity
As an observer of foreign affairs, I’ve often written about the hypocrisy of Liberal and Conservative governments’ failure to uphold “an international rules-based order” despite claims of its importance. In the case of Israel, the duplicity is even more glaring. Our governments, past and present, repeatedly fail to uphold Canadian law.
Activists have long shown how arms sales and military recruitment to Israel violates the law. But Global Affairs, Minister of Justice, RCMP and other government agencies have generally ignored their legal responsibilities when it comes to the genocidal apartheid state.
Issuing arms permits to Israel contravenes Canada’s Export and Import Permits Act. According to the law, Canada shouldn’t export arms to a country if there is “a substantial risk” they would undermine peace and security or be used to violate international law. As a signatory to the UN Arms Trade Treaty Canada is also obliged to not transfer arms to a country responsible for grave human rights violations. Two recent International Court of Justice rulings strengthen the legal case against Canadian arms sales to Israel. Still, Global Affairs allows arms transfers.
The Minister of Justice and RCMP have also failed to apply the law regarding Israel, refusing to enforce the Foreign Enlistment Act and Crimes Against Humanity and War Crimes Act. In 2020 a formal legal complaint and public letter signed by numerous prominent individuals were released calling on the federal government to investigate individuals for violating the Foreign Enlistment Act by inducing Canadians to join the Israeli military. The Trudeau government effectively ignored the public letter and legal complaint even though it was published on the front page of Le Devoir. Then Justice Minister David Lametti responded by simply saying it was up to the police to investigate. For their part, the police refused to seriously investigate. Partly in response to the police’s unwillingness to take the matter seriously, a case was launched through a private prosecution against Sar-El Canada, which brings Canadians to volunteer on Israeli military bases. A Justice of the Peace agreed the evidence warranted a hearing, but the Crown interceded to dismiss the case against Sar-El. They clearly didn’t want a court to adjudicate the matter.
More recently, Canadians fighting in a force that’s slaughtered tens of thousands should be investigated under Canada’s Crimes Against Humanity and War Crimes Act. Highlighting reports of Canadians in the Israeli military, a Canadians for Justice and Peace in the Middle East letter to Justice Minister Arif Virani called on him to “Issue a warning to Canadian nationals that serving or volunteering with the Israeli military may make them criminally liable under the Crimes Against Humanity and War Crimes Act”. CJPME’s January letter also requested the minister “launch an investigation under its War Crimes Program into the participation of Canadian nationals involved in Israel’s military offensive.”
Thousands messaged the minister calling on him to investigate Canadians committing war crimes in Gaza. Following up on this push, I asked Virani directly if he’d investigate those killing Palestinians under the Crimes Against Humanity and War Crimes Act. He refused to answer, walking down the wrong hallway to escape my questioning.
While staying mum on Canadians killing Palestinians, the Trudeau government actually interceded to block a bureaucratic move to properly label wines from illegal colonies. After David Kattenburg repeatedly complained about inaccurate labels on two wines sold in Ontario, the Canadian Food Inspection Agency (CFIA) notified the Liquor Control Board of Ontario (LCBO) in 2017 that it “would not be acceptable and would be considered misleading” to declare wines produced in the Occupied Palestinian Territories as “products of Israel”. But, immediately after the decision became public the government reversed the advisory and then appealed a judge’s ruling to block accurate labelling of wines produced in the occupied West Bank.
In a major form of Israel-focused criminality, dozens of registered charities violate the Income Tax Act by supporting the Israeli military, racist organizations and West Bank colonies. In a bid to press the CRA to uphold the law, formal complaints have been submitted to the revenue agency detailing a dozen charities’ – with over $100 million in annual revenue – violating the rules. That campaign contributed to the recent revocation of the charitable status of Canada’s second most powerful Zionist charity, the Jewish National Fund of Canada (as well as the Ne’eman Foundation). While its recent revocations restore some confidence in the CRA’s ability to act independently, a law-abiding revenue agency would do far more to curtail illegal subsidies to Israel.
To press the CRA to revoke the charitable status of other Israel-focused organizations violating the law, actions will be held at CRA offices across the country on International Day of Charity. On September 5 join one of the many protests calling on the CRA to stop subsidizing war crimes and apartheid.
One has to wonder why we must take to the streets to convince our government to uphold Canadian law.
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