Campaign Seeks to End ‘Illegal” IDF Recruitment in Canada

Oct. 28, 2020

By RON CSILLAG

Progressive activists want Canada to prohibit what they call “illegal” recruitment by the Israel Defense Forces (IDF) in this country.

In an Oct. 19 letter to federal Justice Minister David Lametti, they called on the government to conduct a “thorough investigation…of those who have facilitated this recruiting for the IDF, and if warranted, that charges be laid against all those involved in recruiting and encouraging recruiting in Canada for the IDF.”

The campaign is being waged by the Canadian Foreign Policy Institute, Palestinian and Jewish Unity, and Just Peace Advocates.

An open letter signed by the American linguist and public intellectual Noam Chomsky, Pink Floyd frontman Roger Waters, author Yann Martel, and more than 170 Canadians was delivered to Lametti this month asking him to investigate recruitment taking place in Canada for the IDF.

“It is a crime in Canada to recruit anyone for a foreign military,” says a statement from Just Peace Advocates. “It is also a crime to aid and abet such recruitment by offering incentives and encouraging any person to serve in a foreign military.”

The groups cite Canada’s Foreign Enlistment Act, which states that “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.”

The groups note that the only exception would be the recruitment of Israeli citizens who are not Canadian.

On “several occasions,” they allege, the Israeli consulate in Toronto “has advertised that they have an IDF representative available for personal appointments for those wishing to join the IDF.”

The consulate has “gone further” and arranged for IDF soldiers and veterans to be present in schools, summer camps and other venues in Canada “with the goal of inducing people to enlist.”

They add that according to one estimate from the CBC, 230 Canadians were serving in the IDF in 2017. “It is unclear how many of these individuals were recruited in ways that violate the Foreign Enlistment Act,” they say.

The campaign made front-page news in Montreal’s Le Devoir newspaper on Oct. 19.

Asked about the effort at an unrelated news conference in Ottawa on Oct. 19, Lametti said “diplomats from another country, therefore the diplomats of Israel who are here, follow Canadian law,” adding that the issue is “a question for investigators [and] the police, to decide whether there have been violations… I will leave the decision to the institutions we have in Canada to monitor the situation.”

Asked by Le Devoir whether he “completely wash[es] his hands” of the matter, Lametti replied that “we have institutions in Canada that are responsible for reacting to such situations. They are not exactly the same institutions in other countries and so as I said in the first answer, I will leave room for the responsible people in Canada to do what needs to be done.”

In a statement to the CJR, Galit Baram, Consul General of Israel in Toronto and Western Canada, said: “In Israel, the law requires compulsory service. Every Israeli, male or female, must serve in the Israel Defense Forces. Israeli citizens living abroad are obligated to settle their status with the Israeli authorities.

“As part of the consular services provided to Israelis living abroad, Israeli diplomatic missions assist in connecting with the IDF authorities. In large Israeli communities abroad, such as Toronto, which is the largest in Canada, a recruiting office representative may be dispatched at times to conduct in-person interviews.

“Israel and Canada are steadfast allies. Any allegations against Israel in this matter are unfounded,” Baram said.

In a similar vein, Israel’s Consul General in Montreal, David Levy, told Le Devoir that “these consular services we provide are reserved for Israeli citizens and do not apply to non-Israelis who volunteer for the army.”

Winnipeg-based lawyer David Matas points out that the Foreign Enlistment Act prohibits enlistment “in the armed forces of any foreign state at war with any friendly foreign state.”

Israel, said Matas, “is not at war with any foreign state which is a friend of Canada.”

He said the prohibition described in the act is limited to recruitment or other inducement.

“The behaviour of the Israeli consulate described in the [letter to Lametti] is not a recruitment or other inducement, since the Israeli announcement is limited to persons who wish to join the Israeli armed forces,” according to Matas, who’s considered an expert in the intersection of Canadian and international law, particularly as it applies to Israel.

“These persons would already have formed the wish to join the forces. There is no inducement nor [does there] need be any for persons who have already formed the wish to join the [IDF].”

Matas said those people “are self induced, not induced by the Israeli consulate.”

BREAKING: West Bank Wine Case Shuts Out Interveners

Oct. 8, 2020

Jewish advocacy groups will not have a say in the case of the wine labels from Israel.

In a recent ruling, a Federal Court judge denied intervener status to a dozen organizations that sought input in the ongoing challenge to wines made in the West Bank but labeled as “Product of Israel.”

Psagot Winery

They included the Centre for Israel and Jewish Affairs (CIJA) and B’nai Brith Canada’s League for Human Rights.

One of wineries at the centre of the case, Psagot Winery Ltd., was added to the case as a respondent, but the court said its participation “must be limited.”

At issue in the case is whether wines produced by the Psagot and Shiloh wineries in West Bank Jewish settlements can be labeled as “Product of Israel” under Canadian law.

Last year, a Federal Court judge found that “made in Israel” labels on settlement wines are “false, misleading and deceptive” because international law does not recognize the West Bank as part of Israel, and that Canadians have a right shop “conscientiously.” She returned the case to the Canadian Food Inspection Agency’s appeals board for further consideration.

The government appealed her ruling. But before the appeal could be heard, a judge dismissed everyone who wanted to weigh in on the case, saying, in effect, that the court will not be drawn into a battle over the Israeli-Palestinian conflict.

In his ruling, Federal Court of Appeal Judge David Stratas said that “a number” of parties wishing to intervene wanted to address “Israel’s occupation of the West Bank, including the status of the West Bank, the territorial sovereignty of Israel, human rights and humanitarian concerns, issues of international law, and other related issues. Many of them appear to want this Court to rule on the merits of these issues.

“But there is one basic problem,” the judge wrote. “This appeal does not raise the merits of these issues.”

He said the case should properly rest on Canadian laws regulating the labeling of food and drugs, which are designed to protect consumers. There is “nothing to suggest,” Stratas said, that these laws “were enacted to address state occupation of territories and, in particular, Israel’s occupation of the West Bank.”

The Israel/West Bank issue “is a controversial one, with many differing views and deeply-felt opinions on all sides,” the judge went on. However, it is not “useful” for the appeals court to hear the interveners.

In addition to CIJA and B’nai Brith, Stratas dismissed requests to intervene from Independent Jewish Voices, the Centre for Free Expression, Amnesty International Canada, Prof. Eugene Kontorovich, Prof. Michael Lynk (the UN special rapporteur on Palestinian human rights), the Arab Canadian Lawyers Association, the Transnational Law and Justice Network, and Canadian Lawyers for International Human Rights, Al-Haq.

Independent Jewish Voices and B’nai Brith’s League for Human Rights were interveners in the Federal Court case.

Stratas also took aim at other judges who “give the impression that they decide cases based on their own personal preferences, politics and ideologies. Increasingly, they wander into the public square and give virtue signalling and populism a go.”

The judge said he didn’t want to be too hard on the prospective interveners, saying he suspects that some of them were “lured” to the appeal “by torqued-up press reports distorting what the Federal Court decided. And once one group applies to intervene on a controversial issue like this, others feel they also have to apply.”

The Psagot winery, about 20 kilometers northeast of Jerusalem in an Israeli settlement of the same name, was added to the case as a respondent because the court should have notified it of the case, said the judge. The court said the winery was “never invited” to join the case but should have been, and that it found out about the matter from media reports.

The winery “is pleased to have been granted the opportunity to be a party to this important legal proceeding,” said its lawyers, David Elmaleh and Aaron Rosenberg of the Toronto firm RE-LAW.

The firm’s website leaves little doubt about how it feels when it comes to the winery’s legal status:

“Psagot Winery’s wines are produced by Israelis under the auspices of an Israeli company in an Israeli community on Israeli land subject to Israeli law, in the State of Israel, and in the Land of Israel. Its wines are products of Israel.”

In a statement to the CJR, David Matas, legal counsel to the League for Human Rights, found fault with Stratas’ “over-generalizations.”

Also, this ruling was made by a single judge. “Yet the appeal itself will be heard, presumably, by a panel of three judges. The other two members of the panel might disagree with this judge on many of the statements he made.”

Interveners may ask the court to reconsider its decision within 10 days of the ruling, but “it is too early for B’nai Brith Canada to decide whether we will or will not do so.”

The case goes back to 2017, when Winnipeg resident David Kattenburg raised concerns with Ontario’s liquor board that products from the two wineries were from Israeli settlements in the occupied territories, not from Israel itself, and were deceptively labeled as “Product of Israel.”

He then complained to the Canadian Food Inspection Agency (CFIA), which sided with him. However, after Jewish groups protested, the agency abruptly reversed course, saying the wines could be sold under the Canada-Israel Free Trade Agreement.

Kattenburg appealed to the agency’s Complaints and Appeals Office, which upheld the reversal. He then sought a judicial review at the Federal Court.

The court sided with Kattenburg, and Jewish groups urged an appeal based on what they said were errors committed by the judge. The government agreed. Due to delays brought about by COVID, it is not clear when the matter will be heard.

* The above clarifies that the Psagot winery was added to this case as a respondent, not an internever.

– By CJR Staff