Canada’s Double Standard: The Politicized Terror Designation of Samidoun
The Legal Centre for Palestine strongly deplores the Canadian government’s recent designation of Samidoun as a terrorist entity—a move that raises serious concerns about the principles of fairness, transparency, and the fundamental right of Canadians to advocate and associate freely. No organization or group should face such a serious decision without the opportunity to know and answer the case against them. This is essential if we are to uphold the rule of law and the democratic values that protect all Canadians' rights to free expression and association.
A Serious Violation of Due Process
The clear absence of procedural fairness in the decision-making process is particularly disturbing. Canada’s constitution and our common law system guarantee every Canadian the right to a fair and transparent hearing when significant decisions affecting one’s rights and freedoms are made. The right to due process requires an unbiased decision-maker, sufficient notice of the decision being made, and the opportunity to review and respond to the evidence. A failure to uphold these principles raises concerns about transparency, fairness, and the fundamental right of Canadians to freely advocate and associate.
“The right to due process includes an unbiased decision-maker, sufficient notice of the decision being made, and the opportunity to review and respond to the evidence.”
In stark contrast, Canada’s terrorist listing process, as applied here for example, is opaque and devoid of transparency. It fails to afford those affected with the opportunity to review and answer the evidence against them. This erodes confidence in the fairness of government actions and sets a troubling precedent for how dissenting voices are treated. It cultivates an environment where unpopular views can be unjustly suppressed, weakening the fundamental democratic principles that protect diverse viewpoints.
Many wonder why, in targeting Samidoun, the government has chosen to circumvent the criminal justice system altogether, with its robust safeguards of due process and the presumption of innocence. The government’s decision to opt for the blunt force of a terror designation, with little regard to transparency and fairness, has led to fears of a slippery slope, where organizations may be targeted not for violence but for challenging dominant narratives or advocating unpopular views.
Selective and Politicized Application
The Centre also condemns the ostensibly selective and politicized use of Canada’s anti-terrorism regime. With this recent designation, the Canadian government purports that it is concerned with extremism and violence. Yet, it leaves untouched Canadian organizations that openly support and finance violence against Palestinians.
(Ying Tang / NurPhoto via Getty Images)
The Canadian government has not designated as a terrorist entity any organization that recruits Canadian citizens to volunteer with the Israeli Defense Forces. The IDF’s systematic violence against Palestinian civilians is well documented, and the International Court of Justice has suggested that its actions in Gaza may constitute genocidal acts. In fact, the IDF has long been implicated in violations of international humanitarian law, including the targeted destruction of civilian homes, the use of indiscriminate force, and covert support for extremist settler violence against Palestinian communities. Such actions are not isolated incidents but reflect a consistent policy that has led to widespread suffering and displacement among Palestinians.
“The Canadian government has not designated as a terrorist entity any organization that recruits Canadian citizens to volunteer with the Israeli Defense Forces....[whose] actions in Gaza may constitute genocidal acts.”
Nor has the government wielded the blunt force of a terror designation against Canadian entities that have supported the expansion of illegal settlements through financial contributions masquerading as charitable work. For years, many Canadian organizations have operated under the guise of social and environmental projects while contributing to settlement infrastructure that perpetuates violence and apartheid against Palestinians. Reports show a sharp increase in settler violence and policies reinforcing segregation. Despite some scrutiny, Canada’s relaxed attitude toward these organizations continues to enable these settlements and deepen the displacement and oppression of Palestinians, highlighting a pattern of selective application of the law.
Canada’s discriminatory and procedurally dubious listing regime requires overhaul. We call upon the Canadian government to uphold its obligations to protect freedom of expression and association. Listing Samidoun as a terrorist entity in the absence of the minimum requirements of due process sets a dangerous precedent. It is essential that laws targeting violence be applied without bias or political motivation against perspectives deemed inconvenient or unpopular.
The Centre urges the Canadian government to rescind this designation, ensure that its listing process is transparent and unbiased, and refrain from selective or politicized targeting of organizations. Only through a consistent and fair approach can Canada credibly champion human rights and justice, both domestically and on the global stage.
