Our Landmark Case Against the Government Canada
El Batnigi and Jarada v Attorney General of Canada
Declaratory Relief
We are seeking two declarations from the government of Canada:
➤ Declaration 1: Canada has a duty to take all measures within its power to prevent genocide, and Canada has violated that duty.
➤ Declaration 2: Canada’s acts and omissions have violated the plaintiffs’ Charter rights to security of the person (section 7) and to equal protection and equal benefit of the law without discrimination (section 15).
These declarations open the door for further legal actions.
In November 2024, the Coalition for Canadian Accountability in Gaza (CCAG) initiated a landmark case against the government of Canada. This case was filed on behalf of two Palestinian Canadians who have faced unimaginable losses due to Israel’s assault on civilians in Gaza. Since October 7th, 2023, Canada's acts and omissions have violated Mr. El Batnigi’s and Mr. Jarada’s rights, like so many other Palestinian Canadians.
Despite Canada being aware of an ICC investigation into alleged war crimes by Israel, and the fact that the ICJ decided that a genocide was plausibly taking place in Gaza—which undoubtedly triggered third states’ obligations to prevent genocide—Canada has consistently refused to use its ties with Israel to take meaningful action to prevent genocide.
Case Status: Ongoing
In response to our legal action filed in November 2024, the government has filed a motion to dismiss our case, arguing, among other things, that the Court cannot intervene in foreign policy. We will be in court arguing against their motion in November 2025, with a decision expected on the motion to dismiss by the end of the year or in early 2026.