Application for Judicial Review against the Canadian Minister of Foreign Affairs

On 28 January 2024, a coalition of individuals and civil society organisations sent a letter to the Minister of Foreign Affairs urgently requesting information on Canada’s export approvals of military goods or technology to or destined for Israel and that any permits issued after 7 October 2023 be cancelled. The Minister did not respond to the letter.   

On 5 March 2024, Canadian Lawyers for International Human Rights (CLAIHR) and Al-Haq, on behalf of four individuals, submitted an application for judicial review in respect of the issuance of export and brokering permits (export approvals) for arms, ammunition, implements or munitions of war (military goods or technology) to Israel, authorised by the Minister of Foreign Affairs on or after 9 October 2023, in the context of the situation in Palestine, particularly in Gaza. 

The application argues that the export approvals for military goods or technology to or ultimately destined for Israel since 9 October 2023 is in breach of the Export and Import Permits Act (EIPA). The application argues that the issuance of such export permits (including past permits or permits still in effect on or after 9 October 2023) is unlawful due to the “substantial risk” that “military goods and technology will be used by Israel to commit or facilitate violations of IHL or international human rights law (IHRL), and/or serious acts of violence against women and children, and/or undermine peace and security”. 

The application asks for an Order for any permits issued or in effect since 9 October 2023 to be terminated and that the respondents cease issuing all permits for the brokering and export of military technology to or ultimately destined for Israel. The application also asks for an Order that Israel be removed from the Automatic Firearms Country Control List (a list of established countries considered appropriate to export any restricted firearms, weapons, or devices and their related components). 

As of April 2024, the next steps for this case remain unclear. Updates will be made available as the case proceeds.