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Published: March 6, 2024
A coalition comprising lawyers and Canadians of Palestinian origin filed a lawsuit in a Canadian federal court against Canadian Foreign Minister Mélanie Joly and the Attorney General of Canada. The coalition demands that the Canadian Liberal government suspend all of its military exports to Israel.
The lawsuit was filed this morning, Tuesday, by the organization "Canadian Lawyers for International Human Rights." The organization received support from the Palestinian non-governmental organization "Right to Serve Humanity" as well as from a number of members of the Palestinian community in Canada.
The plaintiffs point out that Canadians can no longer ignore the fact that Israel continues its attack in the Gaza Strip, where 250 Palestinians fall daily under the bombs. The coalition also expresses its regret for the deliberate imposition of the humanitarian crisis on the population of the Gaza Strip.
It should be noted that exporting or importing weapons in Canada is prohibited without obtaining prior authorization from the Ministry of Foreign Affairs.
The coalition refers in the lawsuit to Article 7.4 of the Export and Import Permits Act. It believes that the Canadian government cannot issue a license to export any military goods or technology if there is a tangible risk that this equipment will be used to commit or facilitate serious violations of human rights or international humanitarian law.
According to the plaintiffs, Canada violates Article 7 of the Arms Trade Treaty, which Canada signed in 2014.
The coalition points out "there is ample evidence that Israel commits and continues to commit violations and acts within the framework of its military operations in Gaza and the West Bank.
According to the lawsuit submitted today, the federal government’s Ministry of Foreign Affairs continues to approve a record volume of arms exports to Israel, "flagrantly disregarding international law and Canadian law."
It is noteworthy that Italy, Australia, and Spain have stopped exporting military materials to Israel since the beginning of the war. Local governments in Belgium and companies in Japan likewise suspended their exports to Israel. A Dutch internal court also ordered the suspension of delivery of F-35 fighter parts to Israel.
It is noted that despite Ottawa's assertion that it has not sent any equipment to the Israeli forces, the daily "Toronto Star" newspaper conveyed statements from Global Affairs Canada revealing that Prime Minister Justin Trudeau approved new export permits for military exports to Israel worth $28.5 million in the first two months since the war began.
A spokesperson for the foreign ministry reiterated to the newspaper that Ottawa did not authorize the delivery of any lethal weapons to Israel.
It is mentioned that the organization "Canadian Lawyers for International Human Rights" sent a letter at the end of January to the Foreign Ministry informing it that Ottawa continues to export arms to Israel. The organization requested in its letter that the government put an end to these exports within a maximum deadline of 14 days. The organization clarifies that it "received no response to its letter."
For this reason, the plaintiffs today are addressing the federal court demanding the cancellation of all arms export licenses to Israel signed by Minister Mélanie Joly since the attack of October 7, 2023, according to the text of the lawsuit submitted today by the coalition to a federal court.
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