Canadian Arms and Palestine

A letter was sent to the Minister of Foreign Affairs on 28 January 2024 urgently requesting information on Canada’s export approvals of military goods or technology to or destined for Israel. The Minister did not respond to the letter.

Publicly, the Respondents maintained that they did not issue any export approvals for “full weapon systems” since 9 October 2023, but Access to Information requests revealed that between 9 October and early December 2023, Canada approved an additional 28.5 million CAD in exports of military goods and technology to Israel.  

In the case relating to arms transfers to Saudi Arabia, the Applicant was able to bring a case against the government based on domestic law, but was denied standing to raise the argument of a violation of Common Article 1 of the Geneva Conventions before Canadian administrative courts.  

In this case, the matter has not yet arisen in proceedings.

The EIPA has incorporated much of the ATT into Canada’s domestic law. The relevant provisions’ references to international humanitarian and human rights law requires pleadings relying on relevant treaties and customary law. International legal instruments are also used as interpretative mechanisms in Canadian courts. The application also relies on the Genocide Convention and the International Court of Justice’s decision thereon.  

The matter has not yet arisen in proceedings. 

The application centres on the needs of Palestinian victims and is brought on behalf of Palestinian victims and their family members in Canada. The application asks for a Court declaration that the provision of military goods or technology to Israel on or after 9 October 2023 is in breach of the EIPA, the Canadian Charter of Rights and Freedoms, Canada’s obligations under the Geneva Conventions Act, Canada’s international treaty obligations, and Canada’s legal obligations under customary international law, as well as unlawful given the ‘serious risk’ of inter alia breaches of IHL and IHRL. The application also asks that all such permits for licences be suspended (including permits to be issued, past permits issued or past permits still in effect on or after 9 October 2023), any permits currently under consideration be denied, and 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). 

The matter has not yet arisen in proceedings.