How the Canadian Government Violated Our Plaintiffs' Charter Rights
Canada prides itself on its democratic values and the protection of fundamental freedoms under the Canadian Charter of Rights and Freedoms. However, our plaintiffs have brought forward a case asserting that these rights have been violated, even though the events in question occur thousands of kilometers away in Gaza. This article explains the link between Canada’s actions (or inactions) and these alleged violations of Charter rights.
The Canadian Charter of Rights and Freedoms, part of Canada’s Constitution, guarantees individuals fundamental rights, including:
Equality rights (Section 15): Ensuring every individual is equal before and under the law without discrimination based on race, national origin, or ethnicity.
Right to life, liberty, and security of the person (Section 7): Protecting individuals from harm and ensuring personal security.
Our plaintiffs allege that Canada’s actions and inactions, in failing to take all reasonable action to prevent genocide, have infringed upon these protections, undermining their fundamental rights as residents of Canada.
How Canada’s Actions Impact Charter Rights
Violation of Equality Rights (Section 15)
Section 15 guarantees equality before the law and protection against discrimination. Our plaintiff Tamer Jarada alleges that Canada’s discriminatory implementation of the Gaza Special Measures immigration program violated his right to equal treatment. Despite his efforts to sponsor family members fleeing dire circumstances in Gaza, the program subjected his applications to inequitable and delayed processing, leaving his loved ones in harm’s way.
This allegation sits within the broader context of how Canada’s actions and inactions have created conditions of systemic inequality by:
Perpetuating Anti-Palestinian Racism: Canada’s actions reinforce systemic discrimination that marginalizes Palestinians and denies them equal dignity and recognition.
Exclusion from Policy Considerations: Canada’s alignment with policies that disregard Palestinian human rights contributes to the erasure of Palestinian perspectives in domestic and international discourse.
Denial of Equal Protection: By failing to address or challenge systemic harm against Palestinian-Canadians, Canada threatens their right to equal protection under the law.
Complicity in Dehumanization: Canada’s support for actions that dehumanize Palestinians fosters a discriminatory environment where Palestinian identity and advocacy are invalidated.
Marginalization within Canadian Society: This systemic exclusion affects the plaintiff’s ability to participate fully and equally as members of Canadian society, undermining his Charter-guaranteed equality rights.
Violation of Life, Liberty, and Security of the Person (Section 7)
Section 7 of the Charter of Rights and Freedoms ensures the protection of life, liberty, and security of the person. Plaintiff Hany el Batnigi alleges that Canada violated this right during his attempts to flee Israel’s bombardment of Gaza in October and November 2023. Canada’s inaction, and active support for Israeli actions, left Hany stranded and vulnerable, forcing him to endure life-threatening conditions and severe psychological trauma as he tired to escape Gaza.
Canada’s actions and inactions have further threatened the right to life, liberty, and security of Palestinian-Canadians by:
Exacerbating Psychological Harm: Canada’s alignment with oppressive policies validates the dehumanization of Palestinian identity, intensifying their anxiety and isolation.
Diminished Sense of Safety: Canada’s failure to uphold its international obligations leaves Palestinian-Canadians like Mr. el Batnigi feeling unprotected and unsafe as Palestinians in Canada.
Physical and Emotional Repercussions: The climate of fear created by Canada’s actions impacts mental health and contributes to stress-related physical issues.
Chilling Advocacy and Expression: Canada’s complicity suppresses people’s ability to advocate freely, deepening feelings of vulnerability and helplessness among Palestinian-Canadians.
The Connection to Canada’s International Obligations
Canada is a signatory to numerous international conventions, including the Genocide Convention, which obliges it to prevent and not be complicit in actions that may constitute genocide or crimes against humanity. The plaintiffs argue that Canada's inaction in addressing Israel's violations, and its active complicity through supportive policies, make it liable not just internationally but also domestically, as these actions reflect poorly on its constitutional obligations to equality and justice.
Why This Case Matters
This case is not only about policies in far-off lands but also about the fundamental freedoms of Canadians. If political expression and advocacy are suppressed under the guise of policy or foreign relations, it sets a dangerous precedent for eroding constitutional protections for all. Upholding these rights is essential to maintaining Canada’s commitment to justice, equality, and the rule of law.
By holding the government accountable, the plaintiffs aim to affirm the Charter's power to protect individuals from discrimination and ensure that Canada remains a place where all voices, especially those advocating for the oppressed, can be heard without fear.
