Montreal, Canada – The United States has faced widespread condemnation this week for authorizing the sale of more than $20 billion in additional arms to Israel as America's main ally wages war in the Gaza Strip.
But while the recently approved arms transfer has renewed global scrutiny over Washington's unwavering support for Israel, in Canada, Tuesday's announcement attracted attention for a different reason.
That's because a Canadian weapons company will manufacture more than $60 million worth of ammunition as part of that sale.
Canadian lawyers, human rights advocates and other experts say this raises serious questions about the opaque nature of the country's arms export regime.
They also say Canada's participation in the arms deal makes clear that the country is failing to ensure that weapons made in Canada are not used in alleged human rights violations abroad, as required by law.
“The news is shocking,” said Kelsey Gallagher, a researcher at the Canadian peace research group Project Ploughshares.
“Given Israel’s appalling record of violating international humanitarian law through its operations in Gaza, including in some cases that may amount to war crimes, it is in no way appropriate for Canada to supply this munition,” Gallagher told Al Jazeera.
“Furthermore, under Canada’s obligations under the United Nations Arms Trade Treaty, it is illegal.”
US-Canada Defense Partnership
How is it possible that Canadian-made ammunition reaches Israel? According to experts, the issue is centered on a special trade relationship between the United States and Canada.
Since the 1950s, North American neighbors have enjoyed “mutually beneficial terms and conditions” in the trade of military weapons and related components through a bilateral agreement called the Defense Production Sharing Agreement.
The United States—Canada’s largest trading partner—now represents the largest market for Canadian-made defense products, accounting for about 49.1 percent of all such exports.
When Canada joined the Arms Trade Treaty (ATT) in 2019, it sought to ensure that its accession to the UN pact would not affect its long-standing arms export regime with the United States.
The ATT regulates and sets conditions for the global flow of arms, including prohibiting signatories from transferring arms to another country if there is a plausible risk that they could be used in violations of international humanitarian law, such as war crimes.
“Canada has benefited greatly from its privileged defence relationship with the United States, and it is important not to undermine this agreement,” the Canadian government said in a statement when it joined the international treaty.
After joining the ATT, Canada established some limited reporting requirements when certain weapons systems are sold to the United States. However, it does not report on most transfers to its southern neighbor or require specific permits for them.
In fact, “Canada and the United States have reciprocal agreements to ensure the permit-free or license-free movement of most military items between our two countries,” the Canadian government states on its website.
“Flawed” export controls
Canadian human rights advocates have denounced this lack of transparency for years, calling it a dangerous “loophole” in the Canadian arms export system.
The opaque nature of Canadian arms transfers to the U.S. is also why this week's news — that a Quebec-based company would be the prime contractor for $61.1 million worth of munitions to Israel — came as a surprise to many observers in Canada.
In its announcement, the US Defense Security Cooperation Agency (DSCA) said General Dynamics Ordnance and Tactical Systems Inc would supply tens of thousands of “M933A1 120mm high-explosive mortar rounds and related equipment.”
Gallagher, the researcher, said the Canadians probably would never have known the weapons were destined for Israel if the U.S. government itself had not revealed the information.
“Because these [weapons] “If they are shipped through the United States to Israel, there will almost certainly be no regulatory oversight by Canadian officials,” he said.
“Furthermore, they will not be included in Canada’s official reports on its arms exports to Israel,” Gallagher continued. “They will be included in the records, except for this DSCA report.”
The announcement also came as Canada, along with other Western countries that provide military support to Israel, most notably the United States, faces growing calls to impose an arms embargo on Israel amid the Gaza war.
After Canada's parliament passed a non-binding motion in March calling for a suspension of arms transfers to Israel, Foreign Minister Melanie Joly said the government would not authorize any new permits for arms exports to the country.
But rights advocates were quick to question why existing permits were not also being revoked, with some asking how the government's pledge would affect arms transfers to the United States that do not require permits but could end up in Israel.
Canada's foreign affairs department, Global Affairs Canada, did not respond to Al Jazeera's questions about the US government's announcement in time for publication.
Henry Off, a Toronto-based lawyer and board member of the group Canadian Lawyers for International Human Rights (CLAIHR), said the news highlights “how flawed the legislation is.” [Canada’s] “The arms export system is.”
It shows “how easily [arms] “They can end up in Israel simply because they can pass through the United States,” he explained.
Off's group is currently involved in an ongoing lawsuit against Joly, demanding an end to Canadian arms shipments to Israel.
“Canada is legally obliged not to allow these transfers,” he told Al Jazeera.
“We know that these weapons and weapon parts are being used to commit serious violations of international humanitarian and human rights law, and this is just another example of how Canada has failed to live up to its international and domestic legal commitments.”
'Holding the US and Israel to Account'
Canada's involvement in supplying arms to Israel has also raised concerns among Palestinian rights advocates in the United States, who say they have been trying for months to get President Joe Biden's administration to stop sending weapons, without success.
The United States provides $3.8 billion in military assistance to Israel annually, and the Biden administration has approved additional arms sales and other aid to the country several times since the Gaza war began in early October.
Raed Jarrar, human rights advocacy director at Democracy for the Arab World Now, a Washington-based think tank, said the United States is violating its own laws by refusing to halt arms transfers despite evidence that they are being used in human rights abuses by Israel against Palestinians.
According to investigations by US media and human rights groups, Israeli forces have dropped US-made bombs on Gaza throughout the war, killing dozens of Palestinian civilians.
“The United States has lost its moral capital, it has lost its political capital and its leadership when it comes to its blind support for Israel,” Jarrar told Al Jazeera. “And Canada cannot rely on American mechanisms for accountability.”
He said Canadian authorities should intervene to ensure that no weapons or equipment manufactured by Canadian companies contribute to abuses against Palestinians.
“All countries, including Canada, have a moral, ethical and legal obligation to disrupt the genocide supply chain,” Jarrar said.
“As a US-based organisation, I can confirm that we have done everything we could to convince our government to respect our law, international law, and we have failed,” he concluded.
“Just as Israel cannot hold Israel accountable, the United States cannot hold the United States accountable. It is time for other countries to hold both Israel and the United States accountable.”
