Montreal Canada – Human rights advocates are accusing Canadian Prime Minister Justin Trudeau's government of misleading the public about arms sales to Israel, which have come under increased scrutiny amid Israel's deadly bombing of Gaza.
At stake is legislation that prohibits the government from exporting military equipment to foreign actors if there is a risk it could be used in human rights abuses.
But regulatory loopholes, combined with a lack of clarity about what Canada sends to Israel, have complicated efforts to end the transfers.
This month, dozens of Canadian civil society groups urged Trudeau to end arms exports to Israel, arguing that they violate Canadian and international law because the weapons could be used in the Gaza Strip.
But under mounting pressure since Israel's war on Gaza began on Oct. 7, Canada's foreign ministry has sought to downplay the state's role in helping Israel build its arsenal.
“Global Affairs Canada can confirm that Canada has not received any applications, and therefore has not issued any permits, for complete conventional or light weapons systems for Israel for more than 30 years,” the department told Al Jazeera in an email. email on Friday. .
“The permits granted since October 7, 2023 are for the export of non-lethal equipment.”
But advocates say this misrepresents the total volume of Canada's military exports to Israel, which amounted to more than $15 million ($21.3 million Canadian) in 2022, according to the government's own figures.
It also highlights the country's long-standing lack of transparency around these transfers.
“Canadian companies have exported more [$84m, $114m Canadian] “In military goods to Israel since 2015, when the Trudeau government was elected,” said Michael Bueckert, vice-president of Canadians for Justice and Peace in the Middle East, an advocacy group.
“And they have continued to approve arms exports since October 7 despite the clear risk of genocide in Gaza,” Bueckert told Al Jazeera.
“Unable to defend its own policy, this government is misleading Canadians into believing that we are not exporting weapons to Israel at all. As Canadians increasingly demand that their government impose an arms embargo on Israel, politicians try to pretend that the arms trade does not exist.”
Lack of information
While Canada may not transfer entire weapons systems to Israel, the two countries enjoy “an ongoing arms trade relationship,” said Kelsey Gallagher, a researcher at Project Plowshares, a peace research institute.
The vast majority of Canada's military exports to Israel come in the form of parts and components. These generally fall into three categories, Gallagher explained: electronics and space equipment; military aerospace exports and components; and finally, bombs, missiles, rockets and explosives and military components in general.
But beyond these broad categories, which were derived by examining Canada's own national and international reports on arms exports, Gallagher said it's still unclear “what these actual pieces of technology are.”
“We don't know which companies export them. We don’t know exactly what its end use is,” he told Al Jazeera.
Global Affairs Canada did not immediately respond to Al Jazeera's question about what “non-lethal equipment” the government has approved for export to Israel since October 7.
“What does this mean? Nobody knows because there's no definition of it and it could really be a number of things,” said Henry Off, a Toronto-based lawyer and board member of the group Canadian Lawyers for International Human Rights ( CLAIHR).
Lawyers and human rights activists also suspect that Canadian military components are coming to Israel via the United States, including for installation on fighter jets such as the F-35.
But these transfers are difficult to track because a decades-old agreement between Canada and the United States – the Defense Production Sharing Agreement of 1956 – has created “a unique and comprehensive set of loopholes offered to Canadian arms transfers.” to the United States,” Gallagher said.
“These exports are treated with zero transparency. “There is no regulation or reporting on the transfer of Canadian-made military components to the United States, including those that could be retransferred to Israel,” he said.
The result, he added, is that “it is very difficult to challenge what are problematic transfers if we don't have the information to do so.”
Domestic and international law
Despite these obstacles, Canadian human rights advocates are pressing the government to end its arms sales to Israel, particularly in light of the Israeli military's continued attack on Gaza.
Nearly 28,000 Palestinians have been killed in the past four months and human rights advocates have meticulously documented the on-the-ground impact of Israel's indiscriminate bombing and its vast destruction of the enclave. The world's highest court, the International Court of Justice, also determined last month that Palestinians in Gaza face a plausible risk of genocide.
In that context, eliminating arms transfers to Israel is actually a demand from “Canada.” [to] abide by their own laws,” said Off, the Toronto lawyer.
This is because Canada's Export and Import Permits Act requires the Minister of Foreign Affairs to “deny applications for export and brokering permits for military goods and technology…if there is a substantial risk that the items will undermine the peace and security.”
The minister should also deny exports if they “could be used to commit or facilitate serious violations of international humanitarian and human rights law” or in “serious acts of gender-based violence or serious acts of violence against women and children,” the law states. .
Meanwhile, Canada is also a party to the Arms Trade Treaty (ATT), a United Nations pact that prohibits transfers if states have knowledge that the weapons could be used in genocide, crimes against humanity, war crimes and other violations of international law.
But according to Off, despite a growing list of Israeli human rights violations since October 7, Canada “has been approving the transfer of military goods and technology that could fuel them.”
Late last month, Canadian Lawyers for International Human Rights wrote a letter to Canadian Foreign Minister Melanie Joly demanding an immediate end to the transfers. The group said it would consider next steps, including possible legal action, if no action is taken.
'It takes a village'
Still, Canada insists it maintains one of the strongest arms export control regimes in the world.
When asked if his government intends to end arms transfers to Israel, Trudeau said in Parliament on Jan. 31 that Canada “places human rights and the protection of human rights at the center of our entire take.” of decisions.”
“It's always been that way and we've been consistent in making sure we're responsible in the way we do it. We will continue to be that way,” said the prime minister.
Project Plowshares' Gallagher told Al Jazeera, however, that Canada maintains “a level of permissibility” in choosing which countries it decides to arm, including Israel.
“More than [27,000] Palestinians murdered, the vast majority civilians; “Much of the Gaza Strip was absolutely destroyed,” he said, referring to Israel's offensive. “This is obviously an operation that is not being carried out within the confines of international humanitarian law, which should influence the risk assessment carried out by Canadian officials.”
And although Canadian arms exports to the Israeli government pale in comparison to those of other countries (particularly the United States, which sends billions of dollars in military aid to Israel annually), Off said: “Any difference is a difference.” .
“It takes a village to make these instruments of death and it should make a difference if we cut off Canada's contributions,” he told Al Jazeera, adding that the pressure on Canada also sends a message to other countries “that potentially aid and abet slaughter of Israel.” of Gaza.”
“If you send weapons to countries that commit serious violations of international humanitarian law, you will be held accountable.”
