Introduction
This report examines the ways that Immigration, Refugee and Citizenship Canada (IRCC) has failed to reunite Canadians with their Palestinian family members stuck in Gaza through the Temporary Resident Visa Program for Gazans (TRV), as Israel wages a plausible genocide and campaign of mass starvation. The TRV program is a special immigration measure launched by IRCC in early 2024 for the purpose of saving family members of Palestinian Canadians subject to a genocidal assault in Gaza. In May 2024, IRCC created a new program specifically for Palestinians who escaped to Egypt. To date, it is unclear whether the original program has rescued a single Palestinian from Gaza. In total 212 Palestinians have arrived according to IRCC.
The obvious failures of the TRV program have caused international embarrassment and tarnished Canada’s global image. Canada’s half-hearted attempts to feign rescuing Palestinians in Gaza are broadly recognized as reflecting anti-Palestinian racism (APR) domestically. Overall, our analysis posits that the failures of this program are based in systemic anti-Palestinian racism, manifesting in both government decisions and popular sentiment among the centrist and right-ward-leaning population at large.
In this report, we analyze the overtly and covertly racist reactions to the program from English-language elected officials, mainstream and right-wing news outlets on social media. Crucially, we conclude that this program violates the human rights of Palestinians in Canada and abroad. Finally, it is difficult to conclude this is not an intentional failure of the program by IRCC.
While the experience of discrimination faced by Palestinians trying to flee conflict in Gaza to come to Canada is not unique, it manifests in unique ways because of the Palestinian experience and specific unique dimensions of APR. Overall, it is clear that IRCC provides generous programs for Europeans while handing crumbs to nearly all racialized citizens of the global south. The point here is not to suggest that Palestinians are the only group harmed by Canada’s systemically racist migration system, but to demonstrate a particularly relevant and timely case study of the ways Canada’s systems perpetuate harm against all oppressed peoples. At this very moment members of the Sudanese community, among many other peoples, are also facing similar harms perpetuated by IRCC steeped in anti-Blackness and similar Islamophobia. The recommendations and analysis offered in this report ought to provide measures of redress to all peoples caught in the dragnet of securitized global migration.
APR is a unique form of anti-Arab discrimination, distinct but connected to Islamophobia,[i] that manifests by perpetuating prejudice, marginalization, and violence against Palestinians and those who advocate for the human rights and self-determination of Palestinians. The description of Anti-Palestinian Racism by the Arab Canadian Lawyer’s Association (ACLA) is important as it formalizes and situates this type of discrimination as a distinct form of oppression faced by Palestinians and those advocating for Palestinian rights.[ii] First, APR to date has been largely ignored by mainstream anti-racism, therefore it appears as not well-established and recognized within current institutional approaches to diversity and inclusion. This reality is tied to the effort by pro-Israeli and pro-Zionist organizations to erase Palestinians and is further reflective of the broader experience of denial of Palestinian identity.[iii] Given this systemic invisibility, a description of APR offers the initial framework required to articulate and confront this unique discrimination. Secondly, without a description, APR may continue to be perpetuated by Canadian federal institutions. Lastly, nuance is lost when APR is exclusively addressed under the rubric of Islamophobia, as this does not sufficiently address the settler-colonial aspect of APR, nor the reality that not all Palestinians, or Arabs, are Muslims.[iv] Recently, some authors have further argued that both Islamophobia and anti-terror policies actually have their origins in anti-Palestinian racism within North American national security frameworks.[v] The racist Islamophobic trope that, “all Muslims are terrorists,” has its origins in the reality that most Palestinians are Muslims and the majority of the Muslim world supports the Palestinian struggle against the injustices of the Zionist movement and its allies in Canada and other European-dominated states.
The ACLA describes anti-Palestinian racism as follows:
Anti-Palestinian racism is a form of anti-Arab racism that silences, excludes, erases, stereotypes, defames or dehumanizes Palestinians or their narratives. Anti-Palestinian racism takes various forms including: denying the Nakba and justifying violence against Palestinians; failing to acknowledge Palestinians as an Indigenous people with a collective identity, belonging and rights in relation to occupied and historic Palestine; erasing the human rights and equal dignity and worth of Palestinians; excluding or pressuring others to exclude Palestinian perspectives, Palestinians and their allies; defaming Palestinians and their allies with slander such as being inherently antisemitic, a terrorist threat/sympathizer or opposed to democratic values.[vi]
Applying the ACLA description in the case of the Gaza TRV program, we will demonstrate how the program and public discourse were dominated by the racist trope of Palestinians as security threats (and/or ‘all Muslims are terrorists’). Canada views them as threats due to their perceived relationship to organizations defined as terrorists within Canada’s national security establishment, and therefore within the operations of Canada’s migration processes. This problem will be shown to have pre-existed the TRV program, but manifested in egregious ways through IRCC failures to get Palestinians safely out of Gaza and reunited with their families.
Based on our findings, and conversations with the Gazan Canadians League and migration experts, we provide these recommendations for the federal government to ensure the elimination of systemic racism within the IRCC system.
Summary of Recommendations:
- The Minister of Immigration must immediately reform systemic barriers in Canada’s Gaza TRV program as identified by the families of Palestinians trying to flee Gaza.
- The Minister of Foreign Affairs must immediately use all diplomatic levers available to pressure Israel and Egypt to stop blocking the release of Palestinians on Canada’s Gaza TRV list.
- The Minister of Immigration should propose legislative amendments to Canada’s inadmissibility criteria under the Immigration and Refugee Protection Act to ensure that Palestinians, and other oppressed peoples, exercising their rights to self-determination and resistance to belligerent occupation in accordance with international law, are not barred from entering Canada.
- The Minister of Heritage must ensure that anti-Palestinian racism and anti-Arab racism are meaningfully recognized within Canada’s anti-racism strategy (CARS) and that Canadian Heritage’s Anti-Racism programming prioritizes equitable funding arrangements for anti-racist work that addresses these unique oppressions.[vii]
Part 1: IRCC’s Gaza TRV Program
In December 2023, almost 3 months after the start of Israel’s assault and siege on the trapped Palestinian civilian population in Gaza began, Canada launched a Temporary Residence Visa Program for Gazans with Canadian Family Ties (TRV) entitled “Crisis in Gaza: Special measures for extended family” for up to 1000 individuals. To date only, 539 names have been approved, with only 500 being submitted to COGAT.[viii]
According to the Government of Canada, to be eligible for the TRV program an applicant must:
- Have an anchor relative in Canada - be a family member or extended relative of a Canadian citizen or Permanent resident;
- Complete a medical exam if they have visited a designated country for which that is required;
- Meet admissibility requirements (to be discussed below).
To make it through the process, an applicant requires a unique reference code (received after an online application is submitted), the submission of biometric data, and to clear all screening criteria for inadmissibility.
Almost immediately upon its release, Palestinian-Canadians across the country criticized the program for being racist against Palestinians. The TRV process for
Gazans was received as racist because of:
- Canada’s urgent efforts to fly Canadian-Israelis and their family members out of the region with military support;
- The stark contrast with the much more generous program recently offered to Ukrainian applicants fleeing from the onset of Russian aggression;
- The unprecedented invasiveness of the security screening form;
- The racist and xenophobic response from elected officials, IRCC operations, Canadians on social media, and the news media at large – especially on social media.
Despite historically grounded fears that Israel was trying to expel Palestinians and claim the newly emptied land,[ix] the apparent strategy of Israel has been to lock Palestinians in Gaza and bombard them mercilessly. Subsequently, the program has been further received as racist given the lack of action from Canada, and its like-minded states in the Anglosphere, to actually get Palestinians out of Gaza or more importantly stop Israel’s genocidal military assault and blockade. To better appreciate how APR is woven throughout this policy and the legislative framework it is important to compare it against the assistance program offered to Ukrainians fleeing the Russian invasion in 2022.
T1. Comparing Ukraine and Gaza TRV Programs
As evidenced by the chart above, it is reasonable to conclude that the differences in the two programs represent a double standard that is reflective of a deeply entrenched systemic anti-Palestinian racism within Canada’s IRCC and senior elected Ministers and staff. In direct conversation between CJPME and Ministerial political staff, the Federal government has claimed that the current application process is more arduous because of the lack of biometric data collection available in Gaza. However, the issue of access to biometrics has preceded the current conflict in Gaza and is based on the choice of Canada to not have a full embassy for relations with the Palestinian Authority in Ramallah. Before the genocide, Palestinians had to travel to Israel, Jordan, or Egypt to have biometric data taken by Canada. Treks to any of these countries put Palestinians at risk of harm through interaction with the enforcers of the apartheid system.
Regardless of initial screening, biometrics are still a requirement of the Gaza application process and there are no assurances from Canada that they will not profile Palestinians for injuries they suffered as victims of Israel’s violent and illegal occupation and apartheid regime despite this population being under live bombardment daily. Additionally, Canada is potentially utilizing unreliable and inhumane automated screening systems, using AI or algorithmic screening of Palestinians,[xvii] which is potentially liable to have a considerable error rate, misprofile injuries, and make unfair predictions of risk based on social media handles and familial associations. Social media handles are collected to allegedly assess Palestinians for their sympathy with Palestinian political parties and armed groups. Sharing these social media handles with Israeli intelligence puts Palestinians outside Gaza at risk of administrative detention by Israeli security forces, or worse, assassination by Israeli forces.[xviii] Palestinians are experiencing these security hurdles as bureaucratic cruelty.[xix] However, they also point to potential social profiling of applicants by both Canadian and Israeli intelligence agencies that work in close collaboration under the Canada-Israel Strategic Partnership.[xx] Given the close alliance between Israeli intelligence and Canada’s national security establishment it raises considerable questions about the ability of Canadian officials to impartially assess the risk of Palestinian applicants, and raises serious risk concerning the potential institutional bias within information provided by Israel, the belligerent and illegal occupier, who has a conflict of interest on issues related to Palestine.
These differences between temporary visa programs reveal that the Federal government perceives Ukrainians, as often white blue-eyed Orthodox Christians, as easily assimilated into the Canadian nation while it views Palestinians, often brown-skinned, brown-eyed, and Muslim, as both suspect and difficult to assimilate into the social fabric of Canada. The idea of Ukrainians as more easily integrated is further justified by the presence of their large diaspora in Canada. In the 2012 census, there were over 1.2 million people with a listed ethnic origin of Ukrainian, while only roughly 45,000 listed as Palestinian.[xxi] The Ukrainian diaspora is also an important voting bloc that politicians cater to for favour. Given the information available, the program appears designed to limit the number of Palestinians and ensure that they are not a perceived economic burden on Canada. In contrast, Ukrainians were welcomed with open arms and provided with additional social support. Through the asymmetrical program design and the inequitable resources dedicated to these different communities, Immigration, Refugees and Citizenship Canada has made it abundantly clear who they prefer to join the nation. This approach by IRCC is consistent with previous research into systemic racism against Palestinians and Muslims. Professor Sherene Razack identifies that the underlying idea of a family of civilized white nations - that does not include Muslims - is central to Canadian identity formation and our foreign policy, and therefore racism within Canadian government institutions. Central to this story is the perception of Muslim men as inherently violent.[xxii] This trope manifests in IRCC’s security screening of Palestinians. IRCC treats all Palestinians as probable terrorists. This perception of Palestinians as terrorists is deeply connected to the origins of Islamophobia across the Anglosphere (UK, US, CAN, NZ, AUS),[xxiii] especially within their combined efforts to stamp out Palestinian movements for freedom.
Beyond the inherent racism of the program found in the initial rollout, there remains a considerable need to fine-tune it to achieve its stated goals. As of July 16, 2024 the Gazan Canadian League, a network of Palestinian-Canadians trying to save their family in Gaza from genocide, still identified a number of outstanding critical issues with the rollout of the program.
They include:
- Problems with the Code Stage - There are families still waiting with no codes. After 6 months of the announcement, the government only just started to issue codes for families who applied on Jan 10 (day 2 after the launch) at 12:00 am.
- Evacuation of families from Gaza - The program has failed in evacuating families from Gaza and with Rafah border closed, it seems they are not willing to push hard enough for other options such as using Kerem Shalom crossing point.
- Families stuck in Egypt - There are still roughly 1000+ family members stuck in Egypt, waiting for their visa to be processed. The security clearance is taking a very long time to be completed (families are reporting a minimum of 2.5 months).
- Issues in the health insurance and work/study permits - There has been no communication from IRCC to different departments and provinces about any aspects of this program. IRCC has been very slow in fixing the issues and collaborating on the matter. Students at college/ university age will have to pay international fees for their studies even though these families have lost everything. The new school year will start in September and the program has been out for 7 months, yet nothing has been done on the Canada side of the program.
- Permanent residency program - No PR program has been put into place and we feel that it will never happen based on the circumstances and the way they have already treated our families.
Part 2: The Public Policy Discussion
The above analysis shows how significant barriers have been built into the TRV program, which has failed to help Palestinians bring their family members out of Gaza. However, this is not simply by accident or incompetence. By analyzing the rhetoric of the government, it appears that the program was intentionally designed to limit the number of Palestinians who could come to Canada, based on the racist trope of Palestinians as terrorists and/or terrorist sympathizers.
We can observe the presence of anti-Palestinian racism in the design of the TRV program for Palestinians from Gaza due to the statements made by Canadian politicians in the public policy discussion, especially evident in the way that politicians talked about the program. These statements demonstrate an element of wittingly attempting to subject Palestinians to intense security screening based on APR tropes. At worst, these decisions amount to deliberate acts of racial discrimination and therefore are illegal under both Canadian and international law, especially under the articles of the International Convention on the Elimination of All Forms of Racial Discrimination (1965).[xxiv]
In November 2023, before the announcement of the TRV program, Immigration, Refugees and Citizenship Minister Marc Miller responded to inquiries on whether or not Canada would be accepting Palestinian refugees from Gaza by citing security as his main concern:
“There are a number of security considerations and policy considerations that are compelling us to focus on Canadians. We want to get Canadians out,” Miller said. But he added that Canada will be humane if people manage to escape the war and flee to its borders.[xxv]
His comments position all Palestinians as security risks. Further, his comments about being “humane” indicate another difference between how Ukrainians and Palestinians are treated: while Ukrainians were brought to Canada, embraced and seen as assets to the country, Miller’s rhetoric suggests Palestinians will be only tolerated if they manage to get to Canada on their own. This is not the full-throated embrace that Ukrainians received. This perspective is based on the intersection of dominant tropes of Palestinian and Muslim men being security risks due to an inherent penchant for violence and support for terrorism.[xxvi] This discourse of dehumanization of Palestinian and Muslim men serves as the basis for justifying violence against them by White militaries and people. This perception has been populated in the core of the Anglosphere by right-wing media and activists.[xxvii]
When the TRV program was officially launched, Minister Miller again immediately flagged security concerns (and possible connections to Hamas) as a main concern for authorities:
Canada’s security vetting of Palestinians in Cairo before they come to Canada raises practical questions such as “what do you do with a person that fails” security checks, Mr. Miller said, including whether they would be sent back to Gaza. He told The Globe that the prospect of a Hamas fighter or commander involved in the Oct. 7 attack on Israel evading security screening and making it to Canada to avoid Israeli forces “is probably the most extreme security concern that we have – and I think it’s very real.”[xxviii]
In Miller’s narrative, all Palestinians are suspected of being Hamas, a category that inherently means “violent terrorist” to Canadian policy makers, especially since Oct 7th. However, Hamas is a political organization that also includes a military wing, the Izz ad-Din al-Qassam Brigades.[xxix] Not all Hamas members are tied to, involved in, or vehemently support armed struggle. Some individuals associated with Hamas are simply public servants like doctors, police officers, hospital administrators, or civil engineers. Moreover, Minister Miller, adopting Israel’s narrative, does not distinguish between Hamas members who resisted occupation in accordance with international law and those individuals that ought to be tried for specific violations of international law, including the commission of war crimes. The majority of Hamas members likely knew nothing of the plans for October 7th. The designation of “terrorist” erases these legal and moral distinctions for Palestinians. This conflation of all Palestinians with Hamas, and all Hamas with armed struggle, and all armed struggle with terrorism, is racism in action. Each of these conflations is contested within international law and there is considerable evidence to the contrary of Palestinians political views/activities. Ultimately it amounts to collective punishment.
Moreover, this stands in contrast to the Federal Government's unwillingness to investigate any Canadians who have served in the Israeli Defence Forces (IDF), or were active in settlement activity, for complicity in war crimes. All Israelis, including Canadian dual nationals, in the IDF are assumed safe, moral, and admissible by IRCC and remain seemingly unscrutinized by Justice Canada’s War Crimes Program or other national security agencies. Canadians serving in the IDF have freely returned home to promote the “war effort” at public events, while Palestinians are trapped in Gaza being incinerated as they sleep in their tents. In the case of Ukraine, TRV claimants’ potential direct relationship with Neo-Nazis militias in Ukraine like Azov Battalion has also not been examined or questioned by the IRCC.[xxx] The double standard is clear. White Christians and Jewish Israelis, even if associated with violent fascists or potential war criminals, are admissible to Canada and inherently safe, but all Palestinians are probable terrorists.
Acting on these perceptions, shortly after the announcement of the limited and restrictive TRV process, Minister Marc Miller, “assured” the public that the government had developed a “multi-stage security screening” for Palestinians.[xxxi] The Department explained to the National Post that Palestinians would be subject to screening on the ground in Gaza, and if “no inadmissibility concerns are flagged” at that point, then the applicants will be eligible for the next stage, “full biometric, security and admissibility screening,” which will take place in a third country if the applicant is able to exit Gaza.”[xxxii] One possible danger from this approach is that Canadian human rights and privacy laws do not apply in Gaza, nor in the third-party states, where screening takes place. This screening process could use intelligence illegally obtained through Canada’s Five Eyes allies and/or false intelligence concocted by Israel to defame its political enemies. Given Israel has engaged in blatant atrocity propaganda to demonize all Palestinians with the same brush, such as the 40 beheaded babies lie,[xxxiii] or in misinformation campaigns targeting Canadian and US politicians,[xxxiv] they should not be trusted as a reliable intelligence source. Nonetheless, they continue to be treated this way by Canadian officials across agencies including IRCC. Canada must approach Israeli and US intelligence on Palestinians with the required skepticism. Israel is engaged in a plausible genocide against Palestinians. Genocides rely on distorted and dehumanizing narratives of the victim. It stands to reason therefore that Israel’s information on Palestinians cannot be trusted.
Similarly, a statement about the TRV program by Minister of Mental Health and Addictions Ya’ara Saks, posted to Instagram on December 22, 2023, offers insight into the discriminatory ideas motivating the government. Minister Saks says that the purpose of her statement is to respond to concerns from “those affected by the Israel-Hamas war, including Israelis in [her] community,”[xxxv] with no explicit mention of Palestinians in the opening slide. The second slide outlines the government’s benefits for Israelis already in Canada and those who came to Canada after October 7th, and assures Israelis have “support in Canada during the war.” [xxxvi] The rest of her statement speaks to the limits and security measures of the TRV program for Palestinians:
"This is a limited program, the security concerns are well understood and the security requirements are strict and follow reviews from Israeli authorities. There is an extensive vetting process, and no security or admissibility requirements are being waived. If individuals are able to exit Gaza through the Rafah crossing, which requires both Israel and Egypt’s cooperation, they will need to complete all admissibility and eligibility requirements before they can be approved to come to Canada. I understand the concerns I’ve heard from community members. Security is always the number one priority and we will be vigilant." [xxxvii]
As a Minister, her comments on Canada’s visa program should have focused on saving lives and reuniting families, recognizing Palestinians as equal human beings who have endured unspeakable horrors for months. Instead, her statement emphasized the alleged security threats of Palestinians from Gaza to Israelis in Canada, and prioritized the perceived safety of Jewish people, citizen or not, over the reality of the mass slaughter of Palestinians in Gaza. According to Saks’s statement, and reflected in the measures themselves, Palestinians are viewed as both less important than Israelis and as terrorists, or having terrorist ties, or supporters of terrorism until proven otherwise. It further emphasizes that Canada believes Israel’s intelligence about Palestinians, despite its interest in oppressing Palestinians to steal their land and win a demographic battle for control of Palestine. Israel benefits from locking Palestinians in Gaza while bombing and starving them to death with impuni
ty, and it should not be the arbiter of any Palestinian’s worthiness of reaching safety. Nor should individuals (Israelis in Canada) who materially benefit from the annihilation of Palestinians in Gaza be who we are trying to please.
Finally, Conservative Immigration Critic Tom Kmiec’s inquiry into the TRV program provided a race-baiting headline for the far-right publication, Rebel News. MP Tom Kmiec tabled an inquiry into the demographics of those applying for the TRV program, and Rebel News followed suit with the following headline, “Records reveal majority of Gaza refugee applicants are men and boys: A response from the Department of Immigration to an inquiry tabled in the House of Commons by Conservative MP Tom Kmiec showed a majority of the 986 refugee applicants were men and boys.”[xxxviii] This headline reinforces Palestinians as a security threat, as Palestinian and Muslim men are subjects of centuries of gendered racialization as dangerous Black and brown men.[xxxix] The Official Opposition showed little interest in the sex designation of Ukrainian visa applicants. The fact that the majority of refugees reaching Europe and North America are racialized men fleeing violence in the Middle East and Central Asia (Syria, Afghanistan, Iraq) has been a xenophobic boogeyman of the far-right across Europe and North America through the last decade.[xl] Men and boys end up as the majority of migrants because women and girls end up statistically as the casualties of conflict among many reasons for this gendered difference.
The popularity of Hamas in Gaza (and in the West Bank) has similarly been used to cast doubt on the character of Palestinians fleeing for their safety. The headline about the TRV program for Palestinians from Gaza on Rebel News after its announcement, which read “Canada opens its doors to Refugees despite their 72 percent support of Hamas,” speaks to the sentiments of a political culture that views Palestinians, especially those from Gaza, as being supporters of terrorism who must be kept locked in Gaza no matter what. The reality is that Palestinians, like all people, have elastic political views that are contextual and based on the specifics of the question asked. As evidenced by public opinion polling a plurality of Palestinians across both the West Bank and Gaza would vote for Marwan Barghouti, a Fatah member, over the leader of Hamas for President of the Palestinian Authority if given the chance.[xli] Moreover, support for Hamas seems to be tied (in part) to Canada and other colonial powers’ decades-long support of the Palestinian Authority and President Abbas, despite his massive unpopularity and lack of a democratic mandate going back to 2007. The problems of the PA are problems forced on Palestinians by Israel, the US, and Canada. Further, to the extent that Hamas and its role in armed struggle has gained popularity among Palestinians, it is largely a result of the failure of diplomatic methods to bring an end to Israel’s colonial control. Regardless, the perceived political views of a population should not be used to justify broad “security” restrictions that keep Palestinians trapped in a context of genocide.
The approach outlined above is longstanding Canadian foreign policy, as Canada has supported the blockade of Gaza since Hamas won democratic elections for leadership of the Palestinian Authority in 2006. Canada’s support for the internment of Palestinians in Gaza has remained in place whether led by Liberals or Conservatives, in minority or majority. It reflects Canada’s long-standing policy of serving United States foreign policy in the region and it supports Israel’s intention to consolidate its permanent control over the occupied territories. It will not be changed by a simple election, the racism we outlined is baked into the practices, processes, and laws that guide Canada’s migration regimes no matter the government in power.
Part 3: Application of IRCC’s Inadmissibility Criteria
Canada’s application of the Immigration and Refugee Protection Act inadmissibility criteria seems to be a core node of systemic racism impacting Palestinians trying to flee Gaza to reunite with family in Canada. While it is not the whole story, it is definitely the first chapter, and represents the initial filter for who is deemed worthy to make it onto Canada’s list of approved evacuees. There have been over 8800 applicants, yet Canada has only submitted a list of 500 people to Israel as of September 13, 2024.[xlii] This means that Palestinians are getting filtered out for security reasons before they even reach security vetting by Israel or Egypt.
Public Safety Canada manages the official federal Listed Terrorist Entities connected to Canada’s anti-terrorism laws.[xliii] Muslim and Arab political organizations, especially Palestinian ones, dominate Canada’s Terror List. There are 77 registered entities as of May 7, 2024. Of those entities deemed terrorists, only 20 are not Muslim or Arab affiliated, with only one registered entity being Jewish Israeli: Kahane Chai (Kach). Out of the 57 (74% of total entities) Arab or Muslim registered entities, nine (11% of total entities) are Palestinian organizations, while Palestinians only represent roughly 0.17% and Muslims 23.5% of the Global population in 2022.
These numbers show a clear overrepresentation of Muslim, Arab, and Palestinian political movements in Canada’s official designation of Terrorists. This is the case despite the fact that within the current domestic threat environment, Canadian Security Intelligence Service (CSIS) currently designates over 50% of its resources to the surveillance of ideologically motivated violent extremism.[xliv] This is a different category than supporters or adherents of Arab/Muslim groups engaged in armed struggle, and includes white supremacist and neo-fascist groups. This is because they represent a higher domestic risk than Islamic motivated terrorism according to CSIS.[xlv]
The reality is that political movements deemed terror groups by the Canadian national security complex exist primarily in areas destabilized by colonial military intervention, belligerent occupation, proxy wars, and/or other imperial activities carried out primarily by our NATO allies. The vast majority of terror attacks in 2019, for instance, happened in Afghanistan where Canada and the US were involved in a protracted nearly two-decade attempt to eradicate the Taliban and support a vassal state. This project was a failure and led to significant political violence. The second area of significant terrorism was Iraq, another state nearly destroyed by the cyclical intervention of the US.[xlvi] Iraq remains consistently destabilized by the failed policies of our allies.
Even Palestinian political parties not named on Public Safety Canada’s Listed Terrorist Entities, such as the Palestinian political faction Fatah - the leading group governing the Palestinian Liberation Organization, and therefore also the Palestinian Authority (PA) - have had their members banned from migration to Canada.[xlvii] This has also included those with only a passing relationship to Fatah and also includes people who only became members after Fatah signed the Oslo Accords in 1993 and shifted to a strategy that wasn’t centered on armed struggle and included recognizing Israel’s claims to the right to exist. This is consistent across Arab and Muslim political movements. Canadian case law shows that the Federal government will go so far as to ban people who have only distributed pamphlets for an Arab or Muslim terrorist entity while a minor.[xlviii] Despite this, there are some contradictory cases of Canada allowing Fatah members into Canada as refugees fleeing Hamas in Gaza.[xlix]
IRCC Officers have banned Palestinians employed by the PA from migrating to Canada. They have also required special waivers for the families of PA representatives and PA staff serving in Canada as part of the Palestinian General Delegation. They have argued, based on information supplied by Canada’s national security apparatus, that by simple association with the Palestinian Liberation Organization and Fatah, PA employees are likely to engage in terrorism.[l] This analysis ignores that previous terror trends show that Muslims in their home countries are the most likely victims of terrorism.[li] More perplexing is that this operational ban on Palestinians from Fatah, and the wider PLO, continues to exist despite the fact Canada has both the CAF and RCMP involved in training the Fatah-controlled Palestinian Authority’s security forces in domestic repression of other Palestinian armed factions through Operation PROTEUS.[lii] Ostensibly this is arming a force to commit violence against Palestinians, especially Muslims, engaged in social movements for self-determination and the corresponding right of resistance. The PA security forces have a history of abuse of civilians engaged in legitimate political protest, human rights abuses,[liii] and protecting a governing authority that hasn’t held a democratic election in 17 years. They have recently cracked down on Palestinians protesting the genocide in Gaza.[liv] In many ways they act as Israel’s enforcers in their slow annexation of the West Bank. It is an affront to Canadian values and human rights norms to support the PA under Abbas despite its unpopularity across Palestinian society. These contradictions and systemic biases against Palestinian political movements determine who Canadian authorities deem as admissible to the Canadian state in moments of crisis, like the one currently underway in Gaza. They also determine how humanitarian aid gets to Palestine – creating a relationship of subjugation and dependency and continuing the process of rule by law.[lv]
To dive further it is important to review the relevant legislation. Canada’s Immigration and Refugee Protection Act, states in Article 34 that:
- A permanent resident or a foreign national is inadmissible on security grounds for
(a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests
(b) engaging in or instigating the subversion by force of any government;
(b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
(c) engaging in terrorism;
(d) being a danger to the security of Canada;
(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).
This concept of “subversion” shows that Canada’s law and policy can only be understood through the lens of support for Zionism and the protection of the stability of US vassal states in the region, such as Jordan. Canada rejects the right of Palestinians to resist foreign occupation, including through the use of armed struggle, as enshrined in international law.[lvi] The Immigration and Refugee Board (IRB) has argued in the case of Palestinians seeking status in Canada that, “The words ‘subversion by force of any government’ do not suggest a qualification with respect to the government in question, it includes a plot to overthrow a despotic government. The government’s actions, however oppressive they may be, are not relevant to the analysis.” Thus, even Palestinians who want to overthrow Abbas and hold democratic elections would be inadmissible. Further, the IRB clearly states that destabilizing the government of Israel is grounds for inadmissibility despite Israel's gross violations of international law. The IRB argues that, “The stated goals of the PLO, along with its actions to launch attacks on Israel, combine to establish reasonable grounds that the organization engaged in or instigated the subversion of force of the Israeli government.”[lvii] In a nutshell, Canada doesn’t view Palestinians who fight for their freedom and human rights as admissible to Canada because it doesn’t recognize the right of Palestinians to liberate the Occupied Palestinian Territories (OPT) from belligerent occupation, and instead claims that Palestinians are seeking to destroy Israel. This shows how Canadian policy effectively supports Israel’s occupation in practice, despite any policy statements or symbolic UN votes to the contrary. These problems with Canada’s inadmissibility criteria have previously been pointed out by the Canadian Council for Refugees advocating for the rights of Eritrean asylum seekers.[lviii]
Comparatively, Canada has no such bans in place for Neo-Nazis and far-right extremists in Ukraine (and as far as we know, Canada has not vetted applications for this, nor denied anyone access to Canada based on this). Instead, Canada has even trained extreme right-wing forces in Ukraine like the Azov Battalion.[lix] Further, Canada’s political elite have no problem glorifying antisemitic militants when it suits their geopolitical interests, like Deputy Prime Minister Freeland’s support for Ukrainian fascists from the Banderite movement,[lx] or their cheering a Ukrainian Nazi veteran in Parliament because they fought against the Soviet Union.[lxi] Canada appears more concerned with banning Palestinian refugees than deporting actual Nazis.
Canada has similarly permitted former collaborators with the international force that overthrew, occupied, and yet failed to eliminate the Taliban from Afghanistan to migrate to Canada despite their participation in the violent subversion of the government of the Taliban.[lxii] Canada allowed these entrees despite the previous IRB case law referenced above used against Palestinians, stating that the despotic nature of the government was immaterial to admissibility in cases of violent subversion or overthrow. Similarly, Ukrainians who participated in the ouster of former President and Kremlin ally Viktor Yanukovych engaged in protests and occupation during the EuroMaiden to subvert the former pro-Russian, yet democratically-elected government of Ukraine. Despite this, Ukrainians were not subject to security vetting under section 34(1) of the Act. Ukraine is considered a democracy by Canada and any subversion ought to be grounds for inadmissibility according to the standard that Canada set in the denial of Palestinian claimants.
In the wake of October 7th, while Canada has failed to rescue Palestinians, Canada has quietly allowed over 900 people from Israel to take up residence in Canada despite many not having residential or citizenship status.[lxiii] According to the Jerusalem Post, non-Canadian citizens only needed a visitor’s visa to apply for a work permit in Canada under a quiet program developed by the Canadian government.[lxiv] Israelis have been welcomed by Canada and faced little security vetting for their time spent as conscripts or reserve members in the Israeli Defense Forces or other security services in Israel, even though these are consistently implicated in serious violations of international humanitarian and human rights law. They were admitted despite the fact that this is supposed to be grounds for inadmissibility in the Immigration and Refugee Protection Act, as Section 35 (1) of the act outlines that anyone engaged in offences under Canada’s Crimes Against Humanity and War Crimes Act is inadmissible under Canada’s migration laws.[lxv] Based on this section, it is reasonable to conclude that anyone involved in security services who provide protection to settlements and settlers are indictable under Canada’s domestic war crimes legislation and therefore not admissible to Canada.[lxvi] Jewish Settlements in the West Bank are war crimes under international law, and they are central to the Zionist project of the colonization of Palestine. There is no indication that the Canadian Border Services Agency or Immigration Refugees and Citizenship Canada are asking Israelis about their time spent serving in the Israeli military and police to ascertain their potential for complicity in war crimes, while they heavily screen Palestinians for even limited association with Palestinian political parties and factions. There is no indication that Canada is enforcing section 35 (1) whatsoever despite Israel’s illegal occupation and annexation project that has lasted over 50 years. This points to a clear racist double standard.
The case of Canada’s welcoming of Syrian refugees might at first blush appear as a counter argument to the charges of Islamophobia and systemic racism within Canada’s migration regime. However, it actually is a case that proves the wider rule. In the case of Syrians, they were fleeing the complete implosion of their state because of a proxy war between numerous regional and global powers. Canada let in Syrians who were not involved in political groups that were perceived as antagonistic to the US’s strategic interests. They have barred many Canadians, who participated as foreign fighters against US interests, and their families from returning to Canada.[lxvii]
When critically examined, Canada’s inadmissibility criteria, and its biased application, penalizes Palestinians’ historic struggle for self-determination from Israeli colonization. This systemic bias towards support for Zionism should be disentangled from Canada’s migration regime and our national security outlook. Canada’s punishing of Palestinians through its migration regime is aligned with, yet more operationally expansive than, Canada’s Terror List governed by Public Safety Canada. What differentiates the Ukrainian, Afghani, or Israeli cases from the Palestinian/Gaza case is whether or not the claimants are engaged in violence or political activity perceived as in line with Canada’s professed national interests. This is also the rationale behind enhanced security screening for Chinese and Russian migrants, both of whom are now the perceived adversaries of Canada and the US. In no uncertain terms it means that those people who resolutely oppose Zionism and the US empire are unwelcome security threats, but if they stand with Zionism and the US empire, even if they are potential Nazis or war criminals, they are permitted by IRCC. Canada’s adoption of Israel’s national interests as its own are troubling considering the documented evidence that Israel and pro-Zionist organizations engage in fomenting hatred of Palestinians and Muslims in Canada.[lxviii] Canadians are also shielded from the obvious elephant in the room: Canada’s national security complex knows Israel is one of the redacted perpetrators of foreign interference and influence,[lxix] yet we continue to treat them as one of our best friends. Given that Israel has been exposed for funding and directing a covert foreign influence campaign targeting Canadians following October 7th,[lxx] it raises the high likelihood that Israel could be conducting diplomatic influence campaigns through the auspices of the Canada-Israel Strategic Partnership. The CISP Memorandum of Understanding details the high-level access Israel has to Canada’s national security apparatus as a military ally of Canada, and this access allows Israel to gain critical information and control the narrative.. No Palestinians have similar access, and this institutionalizes a structural bias against Palestinians within Canada’s defence and intelligence communities.
This position is consistent with Canada’s overall national security approach. Canada, much like its approach to the United Nations Declaration on the Rights of Indigenous Peoples, is staking out a position that state entities, like Canada and Israel, created through unilateral declarations from the British and the process of settler colonialism have an a priori right to exist and therefore the rights of oppressed Indigenous populations are secondary. Canadian policy prioritizes maintaining the stability of those states like its own, ones based on European domination. This is Canadian self-preservation through rule-by-law. Palestinian Canadian legal scholar Ardi Imseis defines rule-by-law, in contrast to rule of law, as the exercise of power in an arbitrary or discretionary manner based on the preferences or ideology of those in power. The effect of which is the unending oppression of colonized peoples in relation to European states, like those of the Anglosphere or Israel.[lxxi] In the case of Canada, the state’s perceived national security is tied to continuing the Judeo-Christian[lxxii] alliance fomented by the right and the perpetual subjugation of Indigenous peoples in both North America and Israel. Instead of this rule-by-law, Canada should adopt a political posture of decolonization in support of consistent application of international law. This position would therefore not penalize Palestinian resistance. In an approach led by the rule of law, Palestinians would not be forever cast as oppressed. Canada would recognize that Palestinians face a system of apartheid and continual ethnic cleansing and they have the right to resist these Israeli policies by force, and for Palestinian refugees to return, even if it destabilizes Israel. Further, Canada would recognize that Palestinians are facing belligerent occupation and annexation of their territories. They have a right to resist this by force even if it destabilizes Israel, especially in land it is illegally annexing with settlements.[lxxiii] This recognition would lead to an appropriate shift in Canada’s migration regime in relation to Palestine.
Part 4: Racism across the News Media related to the TRV
Anti-Palestinian racism has been found to be prevalent across both legacy and independent media outlets, in particular right-of-centre media outlets.[lxxiv] It has been particularly stark in relationship to the Gaza TRV program. One of the most notable proponents of APR in this context has been Rebel News, a Canadian online alt-right platform that is “reaching audiences almost as large as those of legacy broadcast news media such as the Canadian Broadcast Corporation (CBC), CTV, and Global” on the social media platform X (formerly known as Twitter).[lxxv] From its inception, Rebel News has been touted as a global platform for an extreme anti-Muslim ideology known as counter-jihad, which is far-right fringe theory founded on the belief that Muslims are deliberately invading the West with the intention of overtaking communities and imposing Sharia Law.[lxxvi] Rebel News’ APR rhetoric is not limited to online articles, but also includes Streeter interviews for people’s opinions (most of which exhibit APR views), a tour with a “No Gaza Refugees” Billboard truck, a petition from founder Ezra Levant calling for “No Gaza Refugees” with over 10,000 signatures, and a call for donations for the “No Gaza Refugees” billboard truck.
The following articles and campaigns were published on Rebel News:
- “Trudeau wants to import Gazan refugees into Canada. Is it a good idea, given 75% support Hamas?”[lxxvii]
- “Canada's Islamic lobby wants Ottawa to remove temporary visa cap for displaced Palestinians”[lxxviii]
- “No Gaza Refugees! Petition and Truck Billboard campaign”[lxxix]
- “Records reveal majority of Gaza refugee applicants are men and boys”[lxxx]
- “Trudeau Liberals expand 'Gaza refugee' program — have yet to get anyone out of Gaza”[lxxxi]
It may be that a portion of these Palestinians, in Canada temporarily, may apply for refugee status later, but its also just as likely that many will return to Gaza once it is habitable again. If Canada’s government is truly worried about Palestinians wanting to stay in Canada, they would be instead wise to ensure that any resolution to the longstanding issue of Israel’s colonization of Palestine is resolved by the right of return for all Palestinians going back to the Nakba. An end to the ongoing Nakba, and a just peace would be the best policy to end the flow of refugees to Canada. However, Rebel News’s framing appears intended to misrepresent the program, and to stoke pre-existing anti-immigrant and Islamophobic sentiments in Rebel News’ readership. The headlines and content of the articles regularly equate Palestinians as Hamas members, and therefore terrorists, who pose a security threat to Canadians. All news articles emphasize that the cap on 1000 applicants is far too high.
- “Immigration and refugee lawyers raise concerns with temporary residence program for Gaza” | Canadian Lawyer[lxxxii]
- “Invasive or not enough? Lawyers raise concerns over screening of Gaza visa applicants” | Canadian Press[lxxxiii]
- “Gaza applicants to receive extensive vetting before coming to Canada” | National Post[lxxxiv]
- “Gaza visa program raises serious security risks” | Sergio R. Karas - Law360 Canada[lxxxv]
LSI’s main recommendation, as expressed in their public letter to the Government and comments to media outlets, is for the federal government to “execute strict screening to ensure the pathway does not become a ‘terrorist smuggling program.’”[lxxxvi] LSI has always asked for the cap of 1000 applicants not to be increased, claiming that a large influx of Palestinians would “stoke the flames of antisemitism,” and that it would be difficult to deport terrorists once they arrive in Canada.[lxxxvii] The rebuttals from other lawyers in the Canadian Lawyer Magazine article explain how the position of the LSI group is an example of APR:
“The concern is not that there's some screening that should be happening, that's not happening,” [Debbie Rachlis] says. “The concern is based on the idea that every single person who lives in Gaza is presumed to be a terrorist or a supporter of terrorism. I think that's deeply offensive on many levels, and I think it's, frankly, racist.”[lxxxviii]
The position of LSI is reflective of a wider anti-Palestinian bias mobilized by Zionist groups like B’nai Brith and reflective of a global social movement against Palestinians, Muslims, and Arabs.[lxxxix] These groups view all Palestinians through the prism of terrorism as a continual projection of the insecurity of Israeli claims to land in Palestine. Their organizing and public promotion of anti-Palestinian racism has created a cultural environment where racism against Palestinians is permitted under the guise of defending Jewish people and Israel.[xc] This has led to an uptick in individual racism from Canadians, especially on social media.
Conclusion
There is a clear bias against Palestinian self-determination and human rights among many elite actors in Canadian society, across news media, government (both elected officials and civil servants), and many civil society institutions (universities especially) as well as embedded in Canadian laws. This discrimination is leading to Canadian inaction as Palestinian civilians are left to die in Gaza when they should be brought to safety in Canada by the Federal government. This systemic anti-Palestinian racism can only be corrected with leadership from within the Canadian government. Given that Canada currently does not recognize either anti-Palestinian racism or anti-Arab racism in Federal legislation, regulations, or policy, it is no surprise that this systemic racism is going unaddressed within IRCC. This is compounded by the wider climate of Islamophobia prevalent since 9/11. Canada cannot address the unique oppression experienced by Palestinians without naming it and seeking to eliminate it as required by international agreement and Canadian human rights law. Canada must revisit its laws to ensure that they are not systemically discriminating against racial, ethnic, or national groups, which is required by the United Nations’ International Convention on the Elimination of All Forms of Racial Discrimination, as ratified by Parliament.
In order to better align Canada’s migration policy with the dire needs of Palestinians fleeing genocide, CJPME has provided the following recommendations.
Detailed Recommendations:
- The Minister of Immigration must immediately reform systemic barriers in Canada’s Gaza TRV program. In particular:
- The Minister of Immigration must collaborate with the Minister of Public Safety to instruct IRCC, and its security partners in CBSA, CSIS, and the RCMP, to clearly identify, in writing, the origin country of all security blockages on all Gaza TRV applications.
- The Minister of Immigration must collaborate with the Minister of Foreign Affairs to ensure it takes retaliatory diplomatic and economic measures against Israel, and other states, for arbitrary and punitive security blockages of TRV holders.
- The Minister of Immigration must harmonize its Gaza TRV program, and other special migration programs for racialized nationals of the Global South, with previous TRVs for Europeans to ensure equitable treatment as received by Ukrainians fleeing Russian aggression.
- The Minister of Immigration must ensure IRCC removes intrusive and invasive questions from the TRV applications (i.e. social media accounts, scars, employment back to the age of 16) and ensure all intelligence used in security vetting was obtained and shared in ways consistent with Canada’s privacy laws, especially intelligence shared with allies.
- The Minister of Foreign Affairs must immediately use all diplomatic levers available to pressure Israel to stop blocking the release of Palestinians on Canada’s Gaza TRV list.
- The Minister must rapidly withdraw from the Canada-Israel Strategic Partnership;
- The Minister must urgently suspend the Canada-Israel Free Trade Agreement;
- The Minister must expel the Israel Ambassador and close all Israeli consulates;
- The Minister must impose sanctions using the Special Economic Measures Act.
- The Minister of Immigration must propose legislative amendments to Canada’s inadmissibility criteria under the Immigration and Refugee Protection Act to ensure that Palestinians, and other oppressed peoples, exercising their rights to self-determination and resistance to belligerent occupation in accordance with international law are not barred from entering Canada.
- In the meantime, the Minister should immediately ensure IRCC no longer broadly interprets s34 to include general political statements about resistance or general political activity of a non-violent or peaceful nature. In particular, the Minister should tighten department policy around the interpretation of the definition of membership in groups excluded under section 34.
- The Minister of Heritage must ensure that anti-Palestinian racism and anti-Arab racism are meaningfully recognized within Canada’s anti-racism strategy (CARS) and that Canadian Heritage’s Anti-Racism Program prioritizes equitable funding arrangements for anti-racist work that addresses these unique oppressions.
[i] Abdallah Fayyad, “It’s not Islamophobia, it’s anti-Palestinian racism,” Vox, June 5, 2024, https://www.vox.com/policy/352663/anti-palestinian-racism-islamophobia-antisemitism
[ii] Majid, Dania and Arab Canadian Lawyers Association. “Anti-Palestinian Racism: Naming, Framing and Manifestations: Community Consultations and Reflections.” Arab Canadian Lawyers Association. Arab Canadian Lawyers Association, April 25, 2022. 8. Accessed February 24, 2024. https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming,+Framing+and+Manifestations.pdf.
[iii] CJPME, Anti-Palestinian Racism in Canada: CJPME’s 2022 Report, December 2023, https://www.cjpme.org/apr_report_2022
[iv] Majid, Dania and Arab Canadian Lawyers Association. “Anti-Palestinian Racism: Naming, Framing and Manifestations: Community Consultations and Reflections.” Arab Canadian Lawyers Association. Arab Canadian Lawyers Association, April 25, 2022. 21. Accessed February 24, 2024. https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming,+Framing+and+Manifestations.pdf.
[v] Moustafa Bayoumi, “Decades of Spying and Repression: The anti-Palestinian origins of American Islamophobia, The Guardian, May 23, 2024, https://www.theguardian.com/news/article/2024/may/23/islamophobia-us-palestine-history ; Centre for Constitutional Rights and Palestine Legal, Anti-Palestinian at the Core: The Origins and Growing Dangers of US Antiterrorism Law, February 2024, https://ccrjustice.org/sites/default/files/attach/2024/02/Anti-Palestinian%20at%20the%20Core_White%20Paper_0.pdf
[vi] Majid, Dania and Arab Canadian Lawyers Association. “Anti-Palestinian Racism: Naming, Framing and Manifestations: Community Consultations and Reflections.” Arab Canadian Lawyers Association. Arab Canadian Lawyers Association, April 25, 2022. Accessed February 24, 2024. https://static1.squarespace.com/static/61db30d12e169a5c45950345/t/627dcf83fa17ad41ff217964/1652412292220/Anti-Palestinian+Racism-+Naming,+Framing+and+Manifestations.pdf.
[vii] Although many working against racism are moving away from definitions as they are seen to be restrictive and not effective in dismantling power structures, an APR description remains valuable for a number of reasons.
[viii] IRCC, Statement by Minister Miller on increasing the cap for the special measures for Gaza, May 27, 2024, https://www.canada.ca/en/immigration-refugees-citizenship/news/2024/05/statement-by-minister-miller-on-increasing-the-cap-for-the-special-measures-for-gaza.html
[ix] CBC News, “Leaked document fuels concern Israel plans to push Palestinians from Gaza into Egypt,” Nov 10, 2023, https://www.cbc.ca/news/world/israel-gaza-palestinians-concept-paper-1.7015576
[x] Immigration, Refugees and Citizenship Canada. “Canada Launches New Temporary Residence Pathway to Welcome Those Fleeing the War in Ukraine.” Canada.Ca, March 22, 2022. https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/03/canada-launches-new-temporary-residence-pathway-to-welcome-those-fleeing-the-war-in-ukraine.html.
[xi] “Crisis in Gaza: Special Measures for Extended Family Members in Gaza.” Canada.ca, February 2, 2024.https://www.canada.ca/en/immigration-refugees-citizenship/services/israel-west-bank-gaza-2023/gaza-tr-measures.html.
[xii] Refugees and Citizenship Canada Immigration, “Canada-Ukraine Authorization for Emergency Travel: Key Figures,” Canada.ca, April 2, 2024, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/key-figures.html.
[xiii] Canadian Press, “Minister said ‘hundred’ of Canadians might use Gaza visa, but more than 7,500 applied,” Globe and Mail, May 8 2024, https://www.theglobeandmail.com/canada/article-minister-said-hundreds-of-canadians-might-use-gaza-visa-but-more-than/
[xiv] IRCC, Ukraine immigration measures: Financial assistance, Canada, April 4, 2024, https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/ukraine-measures/settlement/get-financial-assistance.html
[xv] If you don’t have a passport or travel document, you need either a
- valid identity document or
- statutory declaration
To be valid, an identity document must have been issued outside Canada before you enter Canada. If there’s a valid reason you can’t get an identity document, you can officially declare your identity through a process known as “statutory declaration.” Who can apply - Canada.ca
[xvi] Raffy Boudjikanian, “Ottawa Seeking Unprecedented Level of Personal Details From Palestinian Migrants, Lawyers Say,” CBC, January 11, 2024, https://www.cbc.ca/news/politics/palestinian-gaza-migrant-canada-1.7080991.
[xvii] Petra Molnar and Lex Gill, “Bots at the Gate: a Human Rights Analysis of Automated Decision-Making in Canada;s Immigration and Refugee System,” Citizen Lab, 2018, https://citizenlab.ca/2018/09/bots-at-the-gate-human-rights-analysis-automated-decision-making-in-canadas-immigration-refugee-system/
[xviii] Sara Monetta, “Israeli Arabs arrested over Gaza social media posts,” BBC, October 21, 2023, https://www.bbc.com/news/world-middle-east-67181582 ; Julia Conley, “Reports Indicate Israel Uses WhatsApp Data in Targeted Killings of Palestinians,” Truthout, May 19, 2024, https://truthout.org/articles/report-indicates-israel-uses-whatsapp-data-in-targeted-killings-of-palestinians/
[xix] Jillian Kestler-D’Amours, “Why is Canada asking Palestinians to list scars on Gaza visa applications?” Al Jazeera News, Jan 25, 2024, https://www.aljazeera.com/news/2024/1/25/why-is-canada-asking-palestinians-to-list-scars-on-gaza-visa-applications
[xx] Canada-Israel Strategic Partnership MOU, https://www.international.gc.ca/country-pays/israel/strategic_partnership-partenariat_strategique.aspx?lang=eng
[xxi] StatsCan, Canadian Census 2021, https://www12.statcan.gc.ca/census-recensement/2021/dp-pd/prof/details/page.cfm?LANG=E&GENDERlist=1&STATISTIClist=1,4&DGUIDlist=2021A000011124&HEADERlist=31,30&SearchText=Canada
[xxii] Sherene Razack, Dark Threats & White Knights: The Somalia Affair, Peacekeeping, and the New Imperialism, University of Toronto Press, 2004; Sherene Razack, Casting Out: The Eviction of Muslims from Western Law & Politics, University of Toronto Press, 2008.
[xxiii] Moustafa Bayoumi, “Decades of spying and repression: the anti-Palestinian origins of American Islamophobia,” The Guardian, May 23, 2024, https://www.theguardian.com/news/article/2024/may/23/islamophobia-us-palestine-history ;
[xxiv] UNGA, International Convention on the Elimination of All Forms of Racial Discrimination, December 21, 1965, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial
[xxv] Laura Osman, “Gaza Strip Evacuees to Be Determined Based on Need, Minister,” CP24, November 9, 2023, https://www.cp24.com/news/supports-for-gaza-strip-evacuees-to-be-determined-based-on-need-minister-says-1.6637406.
[xxvi] Sherene Razack, Casting Out: The Eviction of Muslims from Western Law and Politics, University of Toronto Press, 2008; Palestine Legal and Centre for Constitutional Rights, Anti-Palestinian at the Core: The Origins and Growing Dangers of U.S. Antiterrorism Law, February 2024, https://palestinelegal.org/resources
[xxvii] Nathan Lean, The Islamophobia Industry: How the Right Manufacturers Hatred of Muslims, Pluto Press, 2017; Sherene Razack, Nothing Has to Make Sense: Upholding White Supremacy through anti-Muslim Racism, University of Minnesota Press, 2022.
[xxviii] Marie Woolf, “Ottawa Launches Temporary Visa Program for Palestinians in Gaza With Ties to Canadians,” The Globe and Mail, December 22, 2023, https://www.theglobeandmail.com/politics/article-ottawa-launches-temporary-visa-program-for-palestinians-in-gaza-with/.
[xxix] Khaled Hroub, Hamas: A Beginners Guide, 2nd Edition, Pluto Press, 2010; Tareq Baconi, Hamas Contained: The Rise and Pacification of Palestinian Resistance, Stanford University Press, 2018.
[xxx] Christy Somos, “Mounting evidence Canada trained Ukrainian extremists, gov't needs to be held to account: experts,” CTV News, April 28, 2022, https://www.ctvnews.ca/world/mounting-evidence-canada-trained-ukrainian-extremists-gov-t-needs-to-be-held-to-account-experts-1.5879303
[xxxi] Ryan Tumilty, “Ottawa Plans ‘multi-stage’ Vetting Process for Visa Applicants From Gaza Amid Security Fears,” Nationalpost, January 12, 2024, https://nationalpost.com/news/politics/government-promises-extensive-vetting-immigration-applications-gaza.
[xxxii] Ryan Tumilty, “Ottawa Plans ‘multi-stage’ Vetting Process for Visa Applicants From Gaza Amid Security Fears,” Nationalpost, January 12, 2024, https://nationalpost.com/news/politics/government-promises-extensive-vetting-immigration-applications-gaza.
[xxxiii] Assma Maad, William Audureau, & Samuel Forey, “'40 beheaded babies': Deconstructing the rumor at the heart of the information battle between Israel and Hamas,” Le Monde, June 6, 2024, https://www.lemonde.fr/en/les-decodeurs/article/2024/04/03/40-beheaded-babies-the-itinerary-of-a-rumor-at-the-heart-of-the-information-battle-between-israel-and-hamas_6667274_8.html
[xxxiv] Sheera Frenkel, “Israel Secretly Targets U.S. Lawmakers With Influence Campaign on Gaza War,” New York Times, June 5, 2024, https://www.yahoo.com/news/israel-secretly-targets-u-lawmakers-113653377.html
[xxxv] Saks, Ya’ara. Post by Yaarasaks. December 23, 2023. Instagram. https://www.instagram.com/yaarasaks/p/C1K0KEMJmsM/ .
[xxxvi]Saks, Ya’ara. Post by Yaarasaks. December 23, 2023. Instagram. https://www.instagram.com/yaarasaks/p/C1K0KEMJmsM/ .
[xxxvii]Saks, Ya’ara. Post by Yaarasaks. December 23, 2023. Instagram. https://www.instagram.com/yaarasaks/p/C1K0KEMJmsM/ .
[xxxviii] Rebel News, “Records reveal majority of Gaza refugee applicants are men and boys,” Rebel News, March 26, 2024, https://www.rebelnews.com/records_reveal_majority_of_gaza_refugee_applicants_are_men_and_boys
[xxxix] Asiya K. Kazi, “Are Palestinian Men Not Worthy of Our Grief?” LA Progressive, January 03, 2024, https://www.laprogressive.com/foreign-policy/palestinian-men ; Sherene Razack, (2011), Casting Out: The Eviction of Muslims from Western Law and Politics, University of Toronto Press.
[xl] Patrick Strickland, “Why is the world afraid of young refugee men?” Al Jazeera English, June 20, 2016, https://www.aljazeera.com/features/2016/6/20/why-is-the-world-afraid-of-young-refugee-men ; Anna Strindberg, “5 Reasons Why the Majority of Refugees Reaching Europe are Men,” Global Citizen, September 19, 2015, https://www.globalcitizen.org/en/content/five-explanations-to-why-the-majority-of-refugees/ ;
[xli] Palestinian Center for Policy and Survey Research, “Public Opinion Poll No 92,” July 10, 2024, https://www.pcpsr.org/en/node/985
[xlii] Paul Chiang, “Order/Address of the House of Commons: Q-2425 Kwan (Vancouver East),” Government of Canada, May 1, 2024
[xliii] Public Safety Canada, Listed Terrorist Entities, Accessed May 07, 2024, https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/index-en.aspx
[xliv] CSIS, Transition Materials 2023, Government of Canada, November 23, 2023, https://www.canada.ca/en/security-intelligence-service/corporate/transparency/briefing-material/transition-materials-2023/threat-landscape.html
[xlv] We are setting aside justified wider critiques of CSIS’s internal threat assessments and the role of systemic racism in all threat perception. We do not believe being identified by CSIS as a threat is necessarily justification for repression as legitimate domestic social movements like Indigenous land and water defenders are well within their rights under international law.
[xlvi] National Consortium for the Study of Terrorism and Responses to Terrorism, “Global Terrorism Overview: Terrorism in 2019,” July 2020, https://www.start.umd.edu/pubs/START_GTD_GlobalTerrorismOverview2019_July2020.pdf
[xlvii] Saleh v. Canada (Citizenship and Immigration), 2010 FC 303 (CanLII), https://www.canlii.org/en/ca/fct/doc/2010/2010fc303/2010fc303.html
[xlviii] Poshteh v. Canada (Minister of Citizenship and Immigration) 2005 FCA 85 (CanLII) 3 FCR 487, https://www.canlii.org/en/ca/fca/doc/2005/2005fca85/2005fca85.html
[xlix] X(Re), 2020 CanLII 126417 (CA IRB), https://www.canlii.org/en/ca/irb/doc/2020/2020canlii126417/2020canlii126417.html
[l] Shala v. Canada (Citizenship and Immigration), 2023 FC 1561 (CanLII), https://www.canlii.org/en/ca/fct/doc/2023/2023fc1561/2023fc1561.html
[li] Anthony Cordesman, “Islam and the Patterns of Terrorism and Violent Extremism,” Center for Strategic & International Studies, October 17, 2017, https://www.csis.org/analysis/islam-and-patterns-terrorism-and-violent-extremism
[lii] National Defence, Operation Proteus, https://www.canada.ca/en/department-national-defence/services/operations/military-operations/current-operations/operation-proteus.html; RCMP Current Peace Operations, https://rcmp.ca/en/federal-policing/international-policing/current-peace-operations?fb
[liii] Al Jazeera Arabic, “A young man was killed and other were wounded by Palestinian security services in Jenin,” July 13, 2024, https://www.aljazeera.net/amp/news/2024/7/13/%D9%85%D9%82%D8%AA%D9%84-%D8%B4%D8%A7%D8%A8-%D9%88%D8%A5%D8%B5%D8%A7%D8%A8%D8%A9-%D8%A2%D8%AE%D8%B1%D9%8A%D9%86-%D8%A8%D8%B1%D8%B5%D8%A7%D8%B5-%D8%A3%D8%AC%D9%87%D8%B2%D8%A9
[liv] Zena Al Tahhan, “Palestinian Authority cracks down on protests over Israel Gaza attacks,” Al Jazeera English, October 18, 2023, https://www.aljazeera.com/news/2023/10/18/palestinian-authority-cracks-down-on-protests-over-israel-gaza-attacks
[lv] Lisa Bhungalia, Elastic Empire: Refashioning War through Aid in Palestine, Standford University Press, 2024; Jeremy Wildeman, “Undermining the Democratic Process: The Canadian Government Suppression of Palestinian Development Aid Projects,” The Canadian Journal for Middle East Studies, vol 1(2), July 2017.
[lvi] CJPME, Palestinians and the Right to Resist, August 2023, https://www.cjpme.org/fs_236
[lvii] X v. Canada (Public Safety and Emergency Preparedness), 2022 CanLII 134239 (CA IRB), https://www.canlii.org/en/ca/irb/doc/2022/2022canlii128883/2022canlii128883.html
[lviii] Canadian Council for Refugees, “From Liberation to Limbo,” April 2010, https://ccrweb.ca/en/liberation-limbo-0
[lix] Christy Somos, Mounting evidence Canada trained Ukrainian extremists, gov't needs to be held to account: experts, CTV News, April 28, 2022, https://www.ctvnews.ca/world/mounting-evidence-canada-trained-ukrainian-extremists-gov-t-needs-to-be-held-to-account-experts-1.5879303; David Pugliese, Canada failed when it trained Ukrainian troops linked to the far right, says Nazi hunter, Ottawa Citizen, April 13, 2022, https://ottawacitizen.com/news/national/defence-watch/canada-failed-when-it-trained-ukrainian-troops-linked-to-the-far-right-says-nazi-hunter
[lx] Taylor Noakes, Why a photo of Freeland holding a black-and-red scarf sparked a firestorm online, CBC News, March 04, 2022, https://www.cbc.ca/news/politics/freeland-nationalist-scarf-1.6372995
[lxi] Murray Brewster, After Parliament’s humiliation, Canada has to reckon with its past treatment of Nazis, experts say, September 28, 2023, https://www.cbc.ca/news/politics/hunka-parliament-rota-trudeau-nazi-1.6980562
[lxii] IRCC, Canada meets commitment to welcome 40,000 vulnerable Afghans, News Release October 30, 2023, https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/10/canada-meets-commitment-to-welcome-40000-vulnerable-afghans.html
[lxiii] The CJN Daily, “These Israelis fled to Canada after Oct. 7 – and now some of them want to stay,” The Canadian Jewish News, https://thecjn.ca/podcasts/these-israelis-fled-to-canada-after-oct-7-why-some-of-them-want-to-stay/ ; Jonathan Rothman, “After Oct. 7, some Israeli families are considering if they can return home—or if they’d rather remain in Canada,” The Canadian Jewish News, January 10, 2024, https://thecjn.ca/news/after-oct-7-some-israeli-families-are-considering-if-they-can-return-home-or-if-theyd-rather-remain-in-canada/
[lxiv] Ziv Reinstein, “Canada opens its doors for Israelis due to northern escalation,” The Jerusalem Post, June 24, 2024, https://www.jpost.com/international/article-807421
[lxv] Canada, Immigration and Refugee Protection Act, 2001, https://laws.justice.gc.ca/eng/acts/i-2.5/page-6.html#docCont ;
[lxvi] CJPME, Letter to Justin Trudeau: A Whole of Government Approach to Ending Canadian Involvement in Israeli Settlements, May 16, 2024, https://www.cjpme.org/letter_2024_04_17_israeli_settlements
[lxvii] Darren Major, “Canadian delegation to Syria calls on Ottawa to offer full consular support to detainees,” CBC News, August 31, 2023, https://www.cbc.ca/news/politics/canadaian-delegation-calls-for-repatriation-consular-service-syrian-detainees-1.6953608
[lxviii] Dylan Robertson, “Israel denies link to Islamophobic campaign in Canada that Meta says originated there,” CBC News, June 6, 2024, https://www.cbc.ca/news/politics/israel-denies-link-islamophobic-campaign-1.7226891
[lxix] National Security and Intelligence Committee of Parliamentarians, “Special Report on Foreign Interference in Canada’s Democratic Processes and Institutions,” June 3, 2024, https://www.nsicop-cpsnr.ca/reports/rp-2024-06-03/intro-en.html
[lxx] Haaretz, “Israel Secretly Targeted American Lawmakers With Gaza War Influence Campaign,” June 5, 2024, https://www.haaretz.com/israel-news/security-aviation/2024-06-05/ty-article-magazine/.premium/israel-secretly-targeted-american-lawmakers-with-gaza-war-influence-campaign/0000018f-e7c8-d11f-a5cf-e7cb62af0000; New York Times, “Israel Secretly Targets U.S. Lawmakers With Influence Campaign on Gaza War,” June 5, 2024, https://www.nytimes.com/2024/06/05/technology/israel-campaign-gaza-social-media.html; CJPME, “Israeli Foreign Influence Must Be Investigated,” June 5, 2024, https://www.cjpme.org/pr_2024_06_05_foreign_influence
[lxxi] Ardi Imseis, The United Nations and the Question of Palestine: Rule by Law and the Structure of International Legal Subalternity, Cambridge University Press, 2024.
[lxxii] Udi Greenberg, “The Right’s “Judeo-Christian” Fixation: How a term that sounds inclusive is used to promote exclusion,” The New Republic, November 14, 2019, https://newrepublic.com/article/155735/rights-judeo-christian-fixation ; Shane Burley and Ben Lorber, Safety Through Solidarity: A Radical Guide to Fighting Antisemitism, Melville House, 2024, pp 174-177.
[lxxiii] CJPME, Factsheet 236: Palestinians and the Right to Resist, August 2023, https://www.cjpme.org/fs_236/
[lxxiv] CJPME, Anti-Palestinian Racism in Canada: CJPME’s 2022 Report, December 2023, https://www.cjpme.org/apr_report_2022
[lxxv] Greg Elmer and Anthony Burton, “Rebel personalities: Canada’s far-right media,” First Monday, 27(5), September 05, 2022, https://firstmonday.org/ojs/index.php/fm/article/view/12546/10700
[lxxvi] Richard Warnica, “Rebel without applause: How Ezra Levant built an extreme media juggernaut — and watched it all begin to unravel,” National Post, August 18, 2017, https://nationalpost.com/features/inside-ezra-levants-rebel-media
[lxxvii] David Menzies, “Trudeau wants to import Gazan refugees into Canada. Is it a good idea, given 75% support Hamas?,” Rebel News, January 24, 2024, https://www.rebelnews.com/trudeau_wants_to_import_gazan_refugees_into_canada_is_it_a_good_idea_given_75_support_hamas
[lxxviii] Alex Dhaliwal, “Canada's Islamic lobby wants Ottawa to remove temporary visa cap for displaced Palestinians,” Rebel News, January 03, 2024, https://www.rebelnews.com/canadas_islamic_lobby_wants_ottawa_to_remove_temporary_visa_cap_for_displaced_palestinians
[lxxix] Rebel News, “No Gaza Refugees! Justin Trudeau wants to resettle Gazans right here in Canada,” https://www.rebelnews.com/tags/no_gaza_refugees
[lxxx] Rebel News, “Records reveal majority of Gaza refugee applicants are men and boys,” Rebel News, March 26, 2024, https://www.rebelnews.com/records_reveal_majority_of_gaza_refugee_applicants_are_men_and_boys
[lxxxi] Alex Dhaliwal, “Trudeau Liberals expand 'Gaza refugee' program — have yet to get anyone out of Gaza,” Rebel News, February 08, 2024, https://www.rebelnews.com/trudeau_liberals_expand_gaza_refugee_program_have_yet_to_get_anyone_out_of_gaza
[lxxxii] Aidan Macnab, “Immigration and refugee lawyers raise concerns with temporary residence program for Gaza,” Canadian Lawyer, January 23, 2024, https://www.canadianlawyermag.com/practice-areas/immigration/immigration-and-refugee-lawyers-raise-concerns-with-temporary-residence-program-for-gaza/383069
[lxxxiii] Laura Osman, “Invasive or not enough? Lawyers raise concerns over screening of Gaza visa applicants,” Newmarket Today, January 15, 2024, https://www.newmarkettoday.ca/national-news/invasive-or-not-enough-lawyers-raise-concerns-over-screening-of-gaza-visa-applicants-8111727
[lxxxiv] Ryan Tumilty, “Ottawa plans 'multi-stage' vetting process for visa applicants from Gaza amid security fears,” National Post, January 12, 2024, https://nationalpost.com/news/politics/government-promises-extensive-vetting-immigration-applications-gaza
[lxxxv] Sergio R. Karas, “Gaza visa program raises serious security risks,” Law360 Canada, https://www.law360.ca/ca/articles/1785604/gaza-visa-program-raises-serious-security-risks-sergio-r-karas
[lxxxvi] Aidan Macnab, “Immigration and refugee lawyers raise concerns with temporary residence program for Gaza,” Canadian Lawyer, January 23, 2024, https://www.canadianlawyermag.com/practice-areas/immigration/immigration-and-refugee-lawyers-raise-concerns-with-temporary-residence-program-for-gaza/383069
[lxxxvii] Aidan Macnab, “Immigration and refugee lawyers raise concerns with temporary residence program for Gaza,” Canadian Lawyer, January 23, 2024, https://www.canadianlawyermag.com/practice-areas/immigration/immigration-and-refugee-lawyers-raise-concerns-with-temporary-residence-program-for-gaza/383069
[lxxxviii] Aidan Macnab, “Immigration and refugee lawyers raise concerns with temporary residence program for Gaza,” Canadian Lawyer, January 23, 2024, https://www.canadianlawyermag.com/practice-areas/immigration/immigration-and-refugee-lawyers-raise-concerns-with-temporary-residence-program-for-gaza/383069
[lxxxix] Jasmin Zine, The Canadian Islamophobia Industry: Mapping Islamophobia’s Ecosystem in the Great White North, Islamophobia Studies Centre, 2022, https://www.iphobiacenter.org/content/canadian-islamophobia-industry
[xc] Nathan Lean, The Islamophobia Industry: How the Right Manufacturers Hatred of Muslims, Pluto Press, 2017; Massoumi, Mills, Miller, What is Islamophobia? Racism, Social Movements, and the State, Pluto Press, 2017.