Complaint against illegal IDF recruitment in Canada now with the RCMP
An image of Canadian Justice Minister David Lametti. Photo Credit: Toronto Star/Google Images
Written by: Bruce Katz
On October 21, 2020 The Canada Files published an article on a letter of complaint sent to Canada’s Minister of Justice David Lametti concerning the illegal recruitment of Canadians for the Israel Defense Forces on Canadian soil. The letter was sent conjointly with a legal statement and a document of proofs that framed a formal complaint against Israeli officials and a former Canadian ambassador to Israel suspected of involvement in the recruiting of Canadian citizens for the IDF.
The document of evidence contains references to several Toronto denominational schools and at least one Montreal denominational school where recruiting or incitement to recruit for the IDF has taken place. Evidence also points to the possible implication of other organizations. Under Canadian law (Section 11 of the Foreign Enlistment Act), it is illegal to recruit Canadian citizens in Canada to enroll in a foreign army. The sole exception to the law concerns the recruitment of foreign nationals belonging to the particular foreign country in question:
The Foreign Enlistment Act, RSC 1985, c F-28
Recruiting
11 (1) Any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.
Exception
(2) Subsection (1) does not apply to the action of foreign consular or diplomatic officers or agents in enlisting persons who are nationals of the countries they represent and not Canadian nationals, in conformity with the regulations of the Governor in Council.
On October 19, the French-language newspaper Le Devoir published an article detailing the letter to Lametti and the groups sponsoring it. A second Le Devoir article followed on October 20th. That article contains details of an exchange between Le Devoir journalist Marie Vastel and Minister Lametti at a press conference on October 19th. (Questions by Marie Vastel and answers from the minister from 7:10 to 9:40 in the video which is in French)
The press conference had been called on an entirely different subject, but Madame Vastel took the opportunity to sound out the minister on the question of the alleged illegal recruitment of Canadians for the IDF. Lametti responded by stating that “it is up to the responsible authorities” - and not to his office - to determine whether the allegations are founded.
"The diplomats from another country, therefore the diplomats from Israel who are here, have to follow Canadian law," the minister confirmed. “Usually in Canada it is up to the police investigators to decide whether there have been offenses and the prosecution service, if there is one, to proceed with formal charges. So I will leave the decision to the institutions we have in Canada to monitor the situation,” Lametti said.
Lametti admitted that consular diplomats enjoy only a limited immunity and are subject to Canadian laws which means that if those laws are transgressed, consular officials can be charged and prosecuted in Canada.
When asked to comment on Justice Minister Lammetti’s refusal to intervene in the legal proceedings despite the fact that evidence points to Israeli consular diplomats being involved in recruiting Canadians in Canada for the IDF, John Philpot had this to say: “There is no article of law which requires the Minister to refer it to the police. He said that diplomats must respect the law. He received serious evidence of breaches in the law. Any serious minister of Justice must refer this to the police to verify independently and investigate if required”.
John Philpot, an international criminal lawyer with experience at the International Criminal Court, a member of the board of Just Peace Advocates and the legal advisor to the three groups which have filed the formal complaint with Canada’s Minister of Justice, accordingly sent a missive to the office of the Crown’s chief prosecutor on October 21, inviting a response to the question of investigating Israel’s alleged illegal recruitment of Canadian citizens for the IDF. When no response came from the office of the chief prosecutor, Mr. Philpot sent a copy of the full documentation given to Minister Lametti to the High Commissioner of the RCMP, Brenda Lucki on November 3rd, 2020 asking for an investigation into the possibility that Israeli diplomats in Canada, as well as members of the Israel Defense Forces may have incited young Canadians to enroll in the IDF. John Philpot has confirmed that the RCMP has acknowledged reception of the documents.
Four Israeli diplomats are named in the legal statement as well as at least one high-ranking member of the Israel Defense Forces. Also significant is the fact that former Canadian ambassador to Israel, Deborah Lyons, has been named in the statement of law. Ms. Lyons organized a widely-publicized reception for Canadians serving in the Israel Defense Forces in Tel Aviv on January 16th, 2016. If the reception took place at the Canadian Embassy in Tel Aviv, or at her official home, the point could be taken that, as the Canadian Embassy is part and parcel of Canadian territory, albeit in Israel, Ms. Lyons held that reception on Canadian territory.
According to the statement of law, this could be interpreted as encouraging Canadians to enroll in the IDF which could be considered an infringement of Article 21 (1) of the Criminal Code of Canada. The legal statement asks that Ms. Lyons be investigated under the same Criminal Code article.
Article 21 (1) states the following:
· 21 (1) Every one is a party to an offence who
o (a) actually commits it;
o (b) does or omits to do anything for the purpose of aiding any person to commit it; or
o (c) abets any person in committing it.
Interestingly, Canada apparently does not track Canadians who are serving or have served in the IDF. Neither Global Affairs Canada nor the Department of National Defence nor Public Safety Canada currently keeps track of the Canadians serving in the Israeli military. There are approximately 7, 000 ‘Lone Soldiers’ serving in the Israel Defense Forces of whom at least 230 are Canadians according to statistics issued by the IDF in 2017.
In 2018 a heated debate over what to do with returning Canadians who had gone to fight for ISIS took place in Canada’s s House of Commons. Some experts caution against drawing a comparison between Canadians who have gone to fight for a terrorist organization and those who enroll in the IDF. "Israel, however controversial it might be, is considered to be an ally of the Western world," said Derek Penslar, a professor of Jewish history at Harvard University in Cambridge, Mass.
ICC on crimes committed by Israel in the occupied Palestinian territories
Yet, Fatou Bensouda, chief prosecutor of the International Criminal Court – of which Canada is a member, being a signatory to the Rome Statute which created the ICC – stated on December 20, 2019 :
“Today, I announce that following a thorough, independent and objective assessment of all reliable information available to my Office, the preliminary examination into the Situation in Palestine has concluded with the determination that all the statutory criteria under the Rome Statute for the opening of an investigation have been met,” adding:
“I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine, pursuant to article 53(1) of the Statute.”
“I am satisfied that (i) war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.”
Referring to summer 2014 Operation Protective Edge, she said:
“The Israel Defense Forces intentionally launched disproportionate attacks in relation to at least three incidents which the ICC has focused, as well as intentionally directing an attack against objects or persons using the distinctive emblems of the Geneva Conventions.”
In July of 2020, Canadian human rights lawyer William Schabas, a professor of international law at Middlesex University in London, filed a new formal complaint with the ICC Office of the Prosecutor (OTP) asking for an investigation of the architects of the so-called “Deal of the Century,” also known as the “Trump Peace Plan” on behalf of four Palestinians directly impacted by the plan.
This new complaint names President Donald Trump, Israeli Prime Minister Benjamin Netanyahu, US Secretary of State Mike Pompeo and Jared Kushner, Trump’s son-in-law who was placed in charge of brokering the deal despite having no experience in foreign policy or the Middle East. It is to be noted, however, that since the inception of the ICC via the Rome Statute of 2002, the ICC has never held the US, or any other Western nation, or Israel accountable for high crimes — just their victims.
Given the Trump administration’s penchant to trample on international law and the rule-of-law whenever it sees fit, it was predictable that the U.S. would revoke Fatou Bensouda’s visa to the U.S. thereby rendering her persona non grata in the United States. Not surprising either is the fact that neither the U.S. or Israel is a member of the ICC. Hence the ICC has no jurisdiction over either, or so it is claimed. An off-hand admission that they both have committed high crimes while pointing the finger elsewhere?
As for the opinion of Canada – a member of the ICC – as concerns the ICC claim against Israel, the Trudeau government has backed Israel. “Canada’s long-standing position is that it does not recognize a Palestinian state and therefore does not recognize the accession of such a state to international treaties,” Guillaume Bérubé, a spokesperson for Global Affairs Canada, told The CJN in an email.
“In the absence of a Palestinian state, it is Canada’s view that the (ICC) does not have jurisdiction in this matter under international law,” Bérubé added.
“As a friend and ally of Israel and friend of the Palestinian people, Canada is firmly committed to the goal of a comprehensive, just and lasting peace in the Middle East, including the creation of a Palestinian state living side by side in peace and security with Israel, achieved through direct negotiations between the parties,” Bérubé stated. (1)
Canada is certainly an ally of Israel. Its blind votes at the U.N. in the company of such world powers as Palau, Micronesia and the Marshall Islands attest to that. It is not, however, the friend of the Palestinians. To make such a claim given successive Canadian governments pandering to Israel and the pro-Israel lobby in Canada is hypocritical and cynical. Contrast Canada’s refusal to recognize the existence of Palestine with its vote on November 19, 2020 in favour of Palestinian self-determination at the UN and what you have is a contradiction in terms.
Canada has no foreign policy independent of the dictates of Tel Aviv and Washington and that is what is reflected in the fact that Canada apparently does not track Canadians who have enrolled in the IDF, an army that has committed multiple crimes against Palestinian civilians. Condemnations of Israel’s illegal expropriation of Palestinian land and further construction of illegal settlements are meaningless when they float on the back of political and financial support for the colonial apartheid state. So is any reference to Palestinian self-determination by Canada. That is simply posturing, mere theatrics.
This state of affairs is reflected in the way in which Israel is permitted to operate with impunity in inciting Canadian citizens to join the IDF, as though Canada as a country were simply Israel’s backyard. Perhaps that is the case, in fact. That situation has to change.
To return to the debate over tracking Canadians who have gone to fight for the ISIS terrorists but not tracking Canadians who go to fight for the IDF – an army cited as being responsible for crimes committed against Palestinian civilians – one sees the same cynicism and double standard effected in favour of Israel as per the political realm. In fact, the long-standing laissez-faire attitude of successive Canadian governments regarding Israeli recruiting of Canadians for the IDF is in itself highly political.
Given that the RCMP has acknowledged reception of all the documents pertaining to the question of the alleged illegal recruitment of Canadians on Canadian soil by Israel, it can be ascertained that the legal procedures necessary for launching an investigation into the matter have been met. It remains to be seen if and how it will go forward. We expect it to go forward.
Further serious investigations will also be undertaken by the organisations that filed the complaint. A private complaint could possibly be made if the RCMP does not proceed. The Trudeau government spokespersons proudly trumpet their adherence to the principle of the rule-of-law. It can be applied in undertaking a thorough investigation of Israeli attempts to enroll Canadian citizens in the IDF on Canadian soil.
Bruce Katz is a founding member and co-president of PAJU (Palestinian and Jewish Unity), a Montreal-based pro-Palestinian solidarity organization
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