Canadian Arms and Palestine

Arms export controls in Canada are regulated at the national level under the Export and Import Permits Act (EIPA). Guidance on the Minister of Foreign Affairs’ decision-making process is contained in the Export and Brokering Controls Handbook. In 2018, the EIPA was amended to bring Canada into compliance with the ATT, although many believe Canada is largely still not in compliance with the ATT. The competence to grant licences for the export of military goods is vested in the Minister of Foreign Affairs. 

Relevant sections as set out in the application:  

Section 7.3(1) – the Minister of Foreign Affairs is required to review all export and brokering permits to determine whether goods or technology specified in the application for the permit:

a. would contribute to peace and security or undermine it; and

b. could be used to commit or facilitate:

i. a serious violation of international humanitarian law,

ii. a serious violation of international human rights law,

iii. an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,

iv. an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or

v. serious acts of gender-based violence or serious acts of violence against women and children.

Section 7.4 – The Minister shall not issue a permit in respect of arms, ammunition, implements or munitions of war if the Minister determines there is a substantial risk that the brokering or export of the goods or technology would result in any of the negative consequences described above (emphasis in application). 

Other domestic instruments to this judicial review proceedings include Section 7 of the Canadian Charter of Rights and Freedoms, which protects the interests of “life, liberty, and security of the person”, the Geneva Conventions Act 1985 (which domesticates the Geneva Conventions), and the Crimes Against Humanity and War Crimes Act.

International instruments cited in the complaint include the Genocide Convention, the Rome Statute, and the International Covenant on Civil and Political Rights.

This claim has been brought by Canadian Lawyers for International Human Rights (CLAIHR) and Al-Haq, as well as by three Palestinian-Canadians and one Palestinian national currently seeking asylum in Canada. CHLAIHR is also the legal representative in this case.

To get in touch with the claimants and their legal representatives, please see here.