Canadians with families in Gaza serve government notice of failure to prevent genocide

Ottawa, ON, Canada, March 13, 2024 – The Canadian government has been served a notice of their failure to prevent genocide by a coalition of Canadian legal organisations. The notice was issued on behalf of three Canadian citizens of Palestinian origin, all of whom have family members in Gaza. The legal notice sets out nine key actions that the Canadian government must take to ensure an end to Canadian complicity in Israel’s genocide in Gaza. Legal proceedings are expected to commence if appropriate actions are not taken by April 3, 2024.

The rights groups, collaboratively operating as the Coalition for Canadian Accountability in Gaza, have accused the government of failing to fulfil its preventative duties under the Genocide Convention (1948). The Coalition has also accused the government of violating the Canadian Charter of Rights and Freedoms in relation to its treatment of Palestinian-Canadians who are in Gaza or who have family in Gaza.

The letter identifies several examples of Canada ‘flouting’ their obligations to Palestinian-Canadians. These include the suspension of Canadian funds to UNRWA, the increase of Canadian arms exports to Israel, the procurement of arms for Canada from Israel’s state-owned arms industry, the maintenance of the Canada-Israel Strategic Partnership, and the presence of Canadian Special Forces in Israel. These actions show a disregard for the rights and safety of Palestinian-Canadians in Gaza, and for the stipulations and obligations of international law, the groups say.

The legal notice sets out nine key demands that the Canadian government must take to ensure an end to Canadian complicity in Israel’s genocide in Gaza. These include: the imposition of a two-way arms embargo on Israel, suspension of military co-operation with Israel, and imposition of sanctions on Israeli cabinet ministers and military officials. 

According to Article 1 of the Genocide Convention, a State party to the Convention is obliged to take all means available to it to prevent a genocide, regardless of whether any one state’s actions alone are sufficient to prevent genocide. This duty is activated when the State is made aware of the risk of genocide. The letter includes a section entitled ‘Unequivocal evidence of genocidal intent’, which explicitly sets out examples of genocidal intent by Israeli politicians and military figures.

This is not the first time that the Canadian government has been warned of its failure to prevent genocide in Gaza. Ministers were notified of intention to seek prosecution of Canadian politicians for complicity in war crimes by the International Centre of Justice for Palestinians (ICJP) – Canada on November 16, 2023, and by Hameed Law (in cooperation with the Legal Centre for Palestine) on November 23, 2023.

The International Court of Justice (ICJ) issued an Order on January 26, 2024, in which it found that there is a plausible risk that genocide is being committed in Gaza. Canada has been given well-sufficient notice of its Third State responsibility. Continued inaction against the demands of today’s letter will demonstrate a wilful decision to not prevent the commission of genocide in Gaza.

For interviews and a copy of the notice provided to Canadian officials, please e-mail the Coalition for Canadian Accountability in Gaza at info@ccagaza.ca.