Ottawa, 21st November 2025 – In November of last year ICJP Canada, the Legal Centre for Palestine, and other partners filed a statement of claim in the Superior Court in Ontario, Canada. This court date is set for the 27th of November 2025.
The statement of claim alleges that Canada failed to fulfil its duty to prevent genocide under Canadian common law and that as a result, it also violated the Charter rights of our clients who are Palestinian-Canadians directly affected by the genocide in Gaza.
While the Canadian government is seeking to strike down this claim, alleging that it is a political question that the courts do not have jurisdiction over, it is our position that the matter is clearly a legal issue that falls within the four corners of Canadian law.
Hany el Batnigi, a Palestinian-Canadian and one of two plaintiffs in this case, was in Gaza in October of 2023 before Israel began its genocidal assault. After a month dodging Israeli bombardments, Hany barely escaped with his own life but lost many family members killed by Israeli airstrikes.
Our other plaintiff Tamer Jarada, also a Palestinian-Canadian, had family in Gaza at the time of Israel’s assaults. He ended up losing many family members, including his parents and siblings, and when he tried to have his remaining family members seek refuge in Canada, he faced delays and discriminatory treatment by Canadian authorities.
The Canadian government was under a duty at all material times to prevent genocide in Gaza. Canada’s failure to fulfil that duty contributed to violations of our clients’ Charter rights to security of the person and equal treatment under the law.
Not only did Canada fail in its duty to prevent genocide, but it actively supported Israel in three ways:
One, through the Arms trade;
Two, through military-to-military cooperation, and;
Three, through a charity-to-Israeli-military pipeline.
On the 27th of November we will be in Ottawa, Canada to fight this motion to strike.
For media and press: participation in question-and-answer portion of this event is in person or via Zoom and is for accredited members of the Press Gallery only. Media who are not members of the Press Gallery may contact [email protected] for temporary access.
ENDS
Notes to Editors:
- The International Centre of Justice for Palestinians is an independent organisation of lawyers, politicians and academics who support the rights of Palestinians and aim to protect their rights through the law.
- For more information, or to arrange an interview with an ICJP spokesperson, please contact the ICJP news desk at [email protected].
Image: Taymaz Valley via Wikimedia Commons.
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