Canadian Government Files Motion to Strike (Dismiss) Our Case
The Canadian government has filed a motion attempting to limit the Court’s authority by arguing that it cannot intervene in matters of policy and foreign affairs. This is a deeply misleading characterization of our case.
Our legal challenge is not about foreign policy—it’s about the rule of law. At its core, the case raises two urgent legal questions:
Has Canada violated its international legal obligations to prevent genocide?
Has Canada, in doing so, also violated the Charter rights of its citizens?
In suggesting that the Court cannot weigh in on a matter as serious as genocide, especially when it involves the Charter rights of Canadian citizens, Canada undermines the critical function of judicial oversight. This function is key to the system of checks and balances that make a healthy democracy.
Also notable in the motion to strike is the tone of the government. Reflecting its sense of Western moral supremacy, the government claims that stating facts about Israel’s genocide in Gaza or suggesting that Canada may have supported those actions, is “scandalous, offensive, and inflammatory.” The implication is that states like Israel or Canada are, by default, above scrutiny under international law.
Further, the government has asserted that Israel’s history of ethnic cleansing in Palestine is “irrelevant to the claims.” This erasure of context attempts to depoliticize and dehistoricize a case rooted in lived realities, international obligations, and the ongoing harm experienced by Palestinian Canadians.
We will have the chance to argue against the government’s motion in a hearing this November, with a decision by the Court expected late this year or early next year. We are confident that our claim will stand, and intend to do all we can to ensure that this case has its day in court.
