Montreal, Canada – Human rights activists have accused Canadian Prime Minister Justin Trudeau's government of misleading the public over arms sales to Israel, which come amid Israel's deadly bombing of Gaza. There is growing strict scrutiny on
At issue is a law that prohibits governments from exporting military equipment to foreign parties if there is a risk that it will be used to commit human rights abuses.
But efforts to end the remittances are complicated by regulatory loopholes and lack of clarity over what Canada sends to Israel.
Dozens of Canadian civil society groups this month urged Prime Minister Trudeau to go to Israel, arguing that arms exports to Israel violate Canadian and international law because the weapons could be used in the Gaza Strip. called for a halt to arms exports.
But in the face of mounting pressure since Israel's war in Gaza began on October 7, Canada's Department of Foreign Affairs has sought to downplay the country's role in supporting Israel's military buildup.
“International Affairs Canada can confirm that Canada has not received a request for a complete weapon system for major conventional or light weapons from Israel in over 30 years, and therefore has not issued any permits.” the ministry told Al Jazeera in an email on Friday. .
“Permits granted after October 7, 2023 are for the export of non-lethal equipment.”
But supporters say this misrepresents Canada's total military exports to Israel, which totaled more than $15 million (CAD $21.3 million) in 2022, according to the Canadian government's own numbers.
It also spotlights the country's longstanding lack of transparency surrounding these transfers.
“Canadian companies have been exporting more than ever before.” [$84m, $114m Canadian] “We've been exporting military supplies to Israel since 2015, when the Trudeau government was elected,” said Michael Bouckaert, vice president of the advocacy group Canadians for Justice and Peace in the Middle East.
“And despite the clear risk of genocide in Gaza, they have continued to approve arms exports since October 7,” Bouckert told Al Jazeera.
“This government, unable to defend its own policies, is misleading Canadians into believing it is exporting no arms to Israel. Canadians are increasingly calling on their government to impose an arms embargo on Israel. Meanwhile, politicians are trying to pretend the arms trade doesn't exist.
Lack of information
While Canada may not be able to transfer complete weapons systems to Israel, the two countries enjoy a “consistent arms trade relationship,” said Kelsey Gallagher, a researcher at the peace research institute Project Plowshares.
The majority of Canada's military exports to Israel come in the form of parts and components. Gallagher explained that these typically fall into his three categories: Military aerospace exports and parts. And finally, bombs, missiles, rockets, general military explosives and their parts.
But Gallagher said that beyond these broad categories, which he found by reviewing Canadian domestic and international reports on arms exports, it remains unclear “what these actual technologies are.” .
“We don't know which companies are exporting them. We don't know exactly what their end use is,” he told Al Jazeera.
International Affairs Canada did not immediately respond to Al Jazeera's questions about what “non-lethal equipment” the government had approved for export to Israel since Oct. 7.
“What does this mean? No one knows because there's no definition and it could actually be so many things,” said the Toronto-based lawyer and Canadian Lawyers for International Human Rights (CLAIHR). ) director Henry Off said.
Human rights lawyers and activists also suspect that Canadian military parts are reaching Israel via the United States, including for installation on fighter jets such as the F-35 aircraft.
However, these transfers are difficult to track. That's because the decades-old agreement between Canada and the United States (the 1956 Defense Production Sharing Agreement) has created a “unique and comprehensive set of loopholes for arms transfers from Canada to the United States.” Yes, Gallagher said.
“These exports are treated with zero transparency. There are no regulations or reporting on the transfer of Canadian-made military parts to the United States, including those that may be re-transferred to Israel,” he said. .
As a result, “without information, it is very difficult to challenge questionable transfers,” he added.
Domestic law, international law
Despite these obstacles, Canadian human rights groups are pressuring the government to halt arms sales to Israel, especially in light of continued Israeli attacks on Gaza.
Nearly 28,000 Palestinians have been killed in the past four months, and rights activists are closely documenting the impact on the ground of Israel's indiscriminate bombing and widespread destruction of enclaves. Last month, the world's highest court, the International Court of Justice, also ruled that Palestinians in the Gaza Strip were at risk of genocide.
Against this background, eliminating arms transfers to Israel is, in effect, a demand on Canada. [to] Please abide by your own laws,” said Toronto lawyer Off.
That's because Canada's Import and Export Licensing Act requires the Minister of Foreign Affairs to “refuse applications for licenses to export and broker munitions and military technology where those items pose a significant risk of harm to peace and security.” Because there is.
The Minister also recommends that exports “could be used to commit or encourage serious violations of international humanitarian law and human rights law,” or “substantial acts of gender-based violence or serious violations of women and children.” The law states that exports should be refused if they are used for “acts of violence.” .
Meanwhile, Canada is also a party to the Arms Trade Treaty (ATT), which prohibits transfers if countries learn that weapons could be used to commit genocide, crimes against humanity, war crimes or other violations of international law. It is a United Nations agreement that prohibits it.
But since Oct. 7, according to Off, Canada has “approved transfers of munitions and technology” that could facilitate Israel's growing list of human rights violations. That's what it means.
Late last month, Canadian international human rights lawyers wrote to Canadian Foreign Minister Mélanie Joly demanding an immediate halt to the deportations. The group said it would consider next steps, including possible legal action, if no action is taken.
“It takes a village.”
Yet Canada insists it maintains one of the strongest arms export control regimes in the world.
Asked on January 31 whether his government would stop transferring arms to Israel, Prime Minister Trudeau said Canada “puts human rights and human rights protection at the center of all our decisions.”
“That has always been the case, and we have been consistent in being responsible in that way. We will continue to do so,” the Prime Minister said.
But Project Plowshares' Gallagher told Al Jazeera that Canada maintains “a degree of tolerance” in which countries it chooses to arm, including Israel.
“is more than [27,000] Palestinians killed the majority of civilians. “Most of the Gaza Strip has been completely destroyed,” he said, referring to the Israeli attack. “This is clearly an operation that is not conducted within the scope of international humanitarian law and should impact the risk assessment carried out by Canadian authorities.”
And while Canada's arms exports to the Israeli government pale in comparison to other countries, especially the United States, which sends billions of dollars in military aid to Israel each year, Off said “any difference is a difference.”
“It takes a village to build these instruments of death, and cutting off Canada's contributions would make a difference,” he told Al Jazeera, adding that pressure on Canada is encouraging other countries to “help Israel commit genocide.”・This would send the message that there is a possibility of abetting the situation. of Gaza.”
“If you send weapons to a country that commits serious violations of international humanitarian law, you will be held accountable.”