Reprinted from Yves Engler’s website.
Does it represent a blow to the legal exceptionalism granted Israel in Canada? Or is it Kabuki theater?
Yesterday the Toronto Star reported that the RCMP opened a Gaza related investigation under its Crimes Against Humanity and War Crimes Program. They appear to be looking at Canadians who’ve participated in Israel’s genocide.
The news that Canadians may be pursued for violating Canada’s War Crimes and Crimes Against Humanity Act has spurred panic in Israeli and Zionist media. I24 News reports, “The Canadian federal police (RCMP) have initiated a criminal investigation into Jewish-Canadian citizens who served in the IDF, suspecting them of committing crimes against humanity during the Gaza war, according to a report by Toronto Star published this morning (Tuesday). The probe, which began in 2024 but was only recently exposed, is a significant escalation in Canada’s stance toward Israel, sparking outrage and fear within the Canadian Jewish and Israeli communities.”
On the other side, anti-apartheid and anti-genocide commentators have welcomed the news. Some have however expressed doubt about the RCMP’s commitment. Lawyer Dimitri Lascaris posted:
“I’d wager a house that the RCMP’s ‘investigation’ will result in ZERO prosecutions of Canadians who have served in the Israeli military during the genocide.
Indeed, if the RCMP was serious about prosecuting Canadian war criminals who have served in Israel’s military, it would have commenced a prosecution by now. Instead, it has brought no indictments in 19 months of Israel’s in-your-face genocide. Prime Minister Mark Carney and Canadian Foreign Minister Anita Anand are taking us for fools. Don’t be hoodwinked by their Kabuki theater.”
The Star story suggests the RCMP isn’t committed to their investigation. It notes that when the RCMP instigated an investigation into Canadians involved in Russian war crimes in Ukraine in 2022 they immediately announced it publicly and took out ads asking individuals to offer evidence. The Star reported, “the lack of announcement stands in stark contrast to the agency’s probe into alleged war crimes in Ukraine, which has involved a hotline and dedicated webpage, media interviews, online advertising, signs erected at airports and questionnaires distributed in an attempt to collect witness testimony from fleeing Ukrainians.”
In 2020 the RCMP refused to seriously investigate a formal legal complaint submitted to them concerning individuals violating the Foreign Enlistment Act by inducing Canadians to join the Israeli military. Thousands emailed the RCMP to call for an investigation and the formal legal complaint was submitted alongside a public letter signed by numerous prominent individuals.
Failure to apply the Foreign Enlistment Act and War Crimes and Crimes Against Humanity Act is only part of the legal exceptionalism granted Israel in Canada. According to the Export and Import Permits Act Ottawa shouldn’t issue arms permits to countries if they are likely to be used in “serious violations of international humanitarian and human rights laws”. While Israel commits all manner of crimes, Ottawa refuses to stop the flow of arms to Israel.
Similarly, dozens of registered Canadian charities support the Israeli military, racist organizations, municipalities and West Bank settlements in contravention of Canada Revenue Agency (CRA) rules. Yet the CRA refuses to effectively enforce its rules on Israel focused charities, costing taxpayers tens of millions of dollars annually.
When it comes to Israel, forcing Ottawa to simply uphold existing Canadian laws on registered charities, assisting foreign militaries, war crimes and arms sales would be a significant step towards justice. Is the RCMP finally challenging the legal exceptionalism granted Israel in Canada?
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Yves Engler is the author of Stand on Guard for Whom? A People’s History of the Canadian Military and twelve other books.
