Double Standards: Canada’s Response to Previous Genocides and War Crimes
Canada has a well-established history of attempting to fulfil its duty to prevent genocide by taking action against perpetrators and providing support to victims. However, in the case of Israel’s genocide against Palestinians in Gaza, Canada has not taken action to fulfil its third state responsibility to prevent and punish genocide. This discrepancy forms the base of our case against the Canadian government.
Canada’s Actions in Previous Genocides
Some examples in recent history include Canada’s response to the genocide of the Yazidi in Iraq and Syria and the Rohingya in Myanmar, and notably, it’s a forceful response to Russia’s killing of civilians in Ukraine, which international bodies have not yet indicated is a genocide.
Response to the Yazidi Genocide
The Yazidi genocide took place between 2014 and 2017 in Iraq and Syria at the hands of Daesh militants, who trafficked more than 10,000 Yazidi women and girls and killed about 5,000 Yazidi men. Throughout the genocide, Canada supported international efforts to hold the perpetrators of genocide accountable through diplomatic channels and participation in international forums.
Additionally, Canada took the following actions:
Issued a formal declaration that Daesh was committing genocide against the Yazidi minority community in Iraq and Syria
Passed a motion in the House of Commons recognizing the Yazidi genocide
Resettled over 1,400 Yazidi refugees since 2017, and extended additional family reunification visas to relatives of survivors of Daesh’s crimes in 2023
Provided military support to defeat Daesh by joining the Global Coalition to Defeat Daesh, and continued to provide support for Iraq's armed forces to stabilize the region
Response to the Rohingya Genocide
The Rohingya Muslim minority in Myanmar’s Rakhine State has been subjected to ethnic cleansing and genocide in a series of ongoing persecutions and killings, which began with a military crackdown in October 2016 and continues to this day. The attacks against the Rohingya resulted in 700,000 civilians fleeing from Rakhine State.
In November 2019, The Gambia filed a case at the International Court of Justice against Myanmar for failing to prevent and punish acts of genocide against the Rohingya. Canada jointly intervened in the case with the Netherlands on behalf of the Rohingya and imposed sanctions on individuals and entities implicated in the human rights abuses.
In the intervention, Canada expressed a flexible position regarding the interpretation of the Genocide Convention, arguing, among other things, that the Genocide Convention extends to acts other than killing, and that “specific intent (to commit genocide) is rarely proven through direct evidence, and is frequently inferred from all the facts and circumstances.
Response to Russia’s Killing of Civilians in Ukraine
Canada acted swiftly and forcefully in the wake of Russia’s February 2022 invasion of Ukraine. Notably, although neither the ICJ nor any other international tribunal has ruled that there has
been a plausible violation of the Genocide Convention by Russia in Ukraine, Canada’s House of Commons voted to label Russia’s actions in Ukraine as a genocide.
Canada has sanctioned hundreds of individuals and entities in Russia and seized foreign assets. In December 2022, Canada and the Netherlands also jointly intervened in Ukraine’s case against Russia at the ICJ for alleged violations of the Genocide Convention.
Additionally, the Canadian government adopted immediate measures for Ukrainians and their families to come to Canada under the Canada-Ukraine Authorization for Emergency Travel (“CUAET”) program. Since establishing the CUAET, Canada has issued more than 930,000 temporary visas for Ukrainians who want to work or study in Canada for the “duration of the war.” More than 210,000 Ukrainians have come to Canada under this program, and there is no cap on the number of applicants who could be granted entry.
Anti-Palestinian Racism
We applaud Canada for moving to condemn genocide and war crimes, as the law demands. However, there is a stark difference between Canada’s treatment of Palestinians and other civilian populations under attack.
Canada’s double standard in its response to the devastation in Gaza is symptomatic of a phenomenon known as “Anti-Palestinian Racism”, a discriminatory attitude that serves to erase the rights and humanity of Palestinians, including Palestinian-Canadians and permanent residents.
Canada’s anti-Palestinian racism violates the Charter rights of the Palestinian-Canadian plaintiffs in our case against the Canadian government, who are entitled to equal treatment before the law and equal benefit of the law without discrimination, just as all Canadians are. These violations cannot be justified in a free and democratic society and sets a precedent that all Canadians should be wary of. Learn more about our landmark case here.
