In November 2024, a coalition of legal organizations and advocates in Canada launched the first-ever legal case aiming to hold the government of Canada accountable for its failure to prevent and protect victims of genocide, following months of government support for the genocide in Gaza. The proceedings, raised against the Attorney General of Canada in the Ontario Superior Court, accused the government of failing to uphold its obligations as a signatory of the Genocide Convention and violating the charter rights of two Palestinian Canadians, plaintiffs in the case.
The coalition known as the ‘Coalition for Canadian Accountability in Gaza,’ includes the Legal Centre for Palestine (LCPAL), the International Center of Justice for Palestinians (ICJP- Canada), and other organizations and lawyers.
The two Plaintiffs, named as Hany el-Batnigi and Tamer Jarada, have experienced “unimaginable loss” during the genocide in Gaza. The ICJP explains that Hany was trapped and forcibly displaced several times since Oct. 8, 2023, declaring that “During the entirety of his time trying to survive Israel’s bombardment, Canada took no action to exert influence over Israel.”
Hany attempted to escape and cross into Egypt four times. In one attempt, he was injured by a bomb blast. Multiple members of Hany’s family were murdered in Israel’s assault on Gaza. In addition, Canada denied Hany the eligibility to sponsor his remaining family in Gaza under Canada’s Gaza Special Measures temporary resident visa program citing his “financial situation as a pensioner.”
The second Plaintiff, Tamer Jarada, also has family in Gaza. They sought shelter in an apartment that he owned in Gaza City but was destroyed in an Israeli airstrike on Oct. 25, 2023. In this attack and others to follow, Tamer lost numerous members of his immediate and extended family including his father and two sisters. Those who remain are experiencing the brutal effects of Israel’s man-made famine and lack of medical aid as a result of the intensified blockade.
At the time of filing the suit, Tamer’s family was separated, as some were able to evacuate the Strip while others were refused the opportunity. Meanwhile, his own “attempts to sponsor his relatives for safe haven in Canada under the Gaza Special Measures program have been unsuccessful due to administrative dysfunction and elevated security assessments.”
By filing this historic lawsuit against the government of Canada, the Coalition focuses on a few significant claims, including the failure to abide by the Genocide Convention. As a signatory to the Genocide Convention of 1948, a treaty that obliges the prevention and punishment of genocide, even in cases when genocide is suspected, Canada has taken no action to protect the rights of Palestinian lives. In January of 2024, the International Court of Justice (ICJ) ruled that it was plausible that Israel was committing genocide and emphasized that the Israeli Occupied Forces (IOF) must refrain from genocidal acts.
In its second component, the suit argues that the Canadian government allegedly violated Palestinian Canadians’ rights under the Canadian Charter of Rights and Freedoms that assigning the government with responsibilities to the life, security, and equality of its citizens. The lawsuit argues that by allowing for the murder of Hany and Tamers’ families — and depriving their relatives of the ability to evacuate under the Canadian special program which has otherwise frequently been applied to Ukrainian refugees — the government of Canada has violated its own citizens’ fundamental rights.
In addition to neglect, there are several instances of Canada's alleged material complicity in genocide.
“The lawsuit specifically challenges Canada’s continued military exports to Israel and its failure to exercise influence over Israeli actions. The filing argues that the government has neglected to deploy available tools, including sanctions against Israeli leaders, preventing Canadian citizens from serving in the Israeli military, and curtailing Canadian charities’ support for illegal acts in Israel,” reports Middle East Monitor.
During a news conference, Dimitri Lascaris and Shane Martinez, two lawyers with the Coalition for Canadian Accountability in Gaza, discussed the court filing and the alleged violations. By kickstarting this lawsuit, the legal advocates claim that Canada has failed in its duty to prevent genocide and emboldened “Israel to be more brazen.”
“Our clients and all Palestinian Canadians, are in effect, victims of Canada’s anti-Palestinian racism. Confronted by so much pain and so much government indifference to their agony, our clients have decided to seek justice,” says Lascaris. Furthermore, Martinez states, “Our claim alleges that Canada, by failing to fulfill its legal duty to take all reasonable measures to prevent the crime of genocide against the Palestinian people in Gaza, did causally contribute to violations of our clients’ rights under the charter.”
The goal of this lawsuit is to reiterate the responsibility of states to prevent and act against genocide. As relief, the lawsuit seeks to secure a declaration that Canada has indeed violated the Genocide Convention, as well as Hany and Tamer’s rights under the Canadian Charter. LCPAL highlights the significance of demanding these declarations by asserting that they “will set an important legal precedent, and pave the way for future legal actions aimed at holding the Canadian government accountable for its complicity in the genocide of Palestinians.
Emilio Dabed, a founding member of LCPAL, said during a CJPME podcast episode that the coalition aims to continue with multiple fronts of legal front against the Canadian government’s role in the genocide, from criminal lawsuits to civil lawsuits targeting recruitment and fundraising for the Israeli military.
Hany el-Batnigi said in a news conference, “This action puts Canada [on] notice that it cannot ignore the rights of Palestinian-Canadians. It cannot turn a blind eye to our pain. It cannot assist the very country that is destroying and killing Palestinian lives and at the same time, pretend to be law-abiding.”
Earlier in March of 2024, a group of Canadian lawyers filed a suit against the Canadian foreign minister over arms exports to Israel. Canada has authorized at least 28.5 million Canadian dollars in arms sales to Israel since October 7, 2023. In September, the Canadian foreign minister announced the suspension of 30 arms export permits to Israel to “ask questions.” At least 200 permits remain valid, however.
A third lawsuit was filed this month by 53 Palestinians in Gaza with family members in Canada challenging the Canadian government over visa delays under the special visa program.
