“Government must be held accountable and abide by the law. They are not above it.”
Ottawa, ON – August 20, 2024 – This week, lawyers representing the Canadian families who lost loved ones in the horrific Hamas terrorist attacks on October 7, 2023, and the Centre for Israel and Jewish Affairs, will appear in Federal Court to defend the application for judicial review of the Government of Canada’s decision to resume funding for the controversial United Nations Relief and Works Agency (UNRWA).
In April, Dikla Mizrachi, mother of Ben Mizrachi; Iris Liniado, daughter of Judih Weinstein Haggai; Jacqui Vital, mother of Adi Vital-Kaploun; Raquel Ohnona, mother of Alexandre Look; together with CIJA filed the application for judicial review contending that the decision by the Minister of International Development to resume UNRWA funding was patently unreasonable under both law and fact (see details below). The government filed a motion to dismiss the application in May, claiming that the Minister’s decision is not justiciable – meaning that the Minister’s decision is not in the court’s jurisdiction to review. The parties are now heading to court to determine whether the matter falls into the court’s jurisdiction.
In advance of the hearing, Richard Marceau, Vice President, External Affairs and General Counsel, Centre for Israel and Jewish Affairs, released the following statement:
“CIJA brought together the Canadian families who lost loved ones in Hamas’ barbaric terrorist attacks to take the federal government to court because the government and its actors must be held accountable and abide by the law. They are not – as they are trying to convince the court with this motion – above it.
“Based on the Minister’s knowledge of UNRWA’s well documented ties to Hamas, a Canadian-listed terrorist entity, and its employees’ history of moonlighting as Hamas operatives – a fact further cemented when UNRWA recently fired nine employees for directly participating in the October 7 massacre, not only was the decision to restore UNRWA funding morally unconscionable, but it was also unreasonable – both in fact and in law.
“We contend that the Minister failed to comply with his statutory obligations under Department of Foreign Affairs Trade and Development Act (The DFATDA), the Official Development Assistance Accountability Act (ODAAA), and the Charter; and therefore, the case does indeed fall under the court’s jurisdiction. And, jurisprudence is in our favour.
“We are deeply concerned that Canadian government funding may be ending up in the hands of Hamas or other listed terrorist organizations. The Minister’s decision must face judicial review and UNRWA must be disqualified from funding.”
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**Note: This week’s court appearance is solely to determine whether, based on jurisdiction, the case can move forward or should be dismissed. The appropriateness of the Minister’s decision to restore UNRWA funding will not be argued.
Additional Background
- Motion Record of the Applicants in Response on behalf of Dikla Mizrach, Iris Liniado (née Weinstein Haggai), Jacqui Vital, Raquel Ohnona, and the Centre for Israel and Jewish Affairs
- Press Release: Canadian Families of Hamas Victims and CIJA are Taking the Canadian Government to Court Over its Decision to Resume Funding for UNRWA
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Select sources for UNRWA corruption and ties to / collaboration with Hamas:
- UNRWA: The Neutrality and Inviolability of UNWRA Installations Must be Respected at All Times and Cache of Rockets Found in UN School in Gaza
- UN Watch: UNRWA Education: Reform or Regression?; Abu Yaseen Glorifies Terrorism for Children; Nihaya Awad, Computer Teacher at UNRWA West Bank, Praises Hamas; and Hana’a Daoud, UNRWA teacher in Jordan, Advocates Killing Jews
- NGO Monitor: The UNRWA Constellation: Partnerships with UN Agencies and Terror-Linked NGOs
- Al Jazeera: Ethics report accuses UNRWA leadership of abuse of power
- Newsweek: Congress Needs to Review UN Agency's Terror Finance Problem
- The Wall Street Journal: Intelligence Reveals Details of U.N. Agency Staff’s Links to Oct. 7 Attack and S. Halts Funding for U.N. Agency Amid Claims Staff Took Part in Oct. 7 Attacks
- The Jerusalem Post: Released hostage says he was held by UNRWA teacher in Gaza - report
- The Times of Israel: Directly beneath UNRWA’s Gaza headquarters, IDF uncovers top secret Hamas data center
- Press Release: Unionized Jewish Employees Taking PSAC – Canada’s Largest Federal Public Service Union – To Canadian Human Rights Commission
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