Montreal, October 24, 2024 - CJPME has sent a letter to Minister of Public Safety Dominic LeBlanc expressing concerns over the criminalization of Samidoun and the implications for the Palestine solidarity movement.
Click here to download the full letter as a PDF.
Dear Minister LeBlanc,
I am writing on behalf of Canadians for Justice and Peace in the Middle East (CJPME) to express our significant concerns over the arbitrary decision to designate Samidoun (Palestinian Prisoner Solidarity Network) as a terrorist organization. Criminalizing a civil society organization is an incredibly heavy-handed response and threatens to put a chill on broader public expression in support of Palestinian human rights. This raises long-standing concerns about the political and arbitrary nature of Canada’s terror entity listing system and the anti-Palestinian bias built into it.
In the specific instance of Samidoun, we note that Canada has declined to make a substantive case for its inclusion on the terrorist entities list. Since Canada does not publicly accuse Samidoun of terrorist activity, nor provide claims of actual material or substantive ties with listed organizations, the designation appears to rest on guilt by association (based on claims that originate with the Israeli government) and their political views. One can vehemently disagree with a group’s actions and statements, but it is quite another thing to designate them as terrorists, an act which has profound implications for the freedom and safety of their adherents, allies, and the broader movement.
Please review our discussion below, followed by several specific recommendations, including:
- A call to retract the terror designation against Samidoun;
- A call to overhaul the entire terrorist entity listing system;
- A call to not criminalize advocacy for Palestinians; and
- A commitment to upholding the rights and safety of the activists in the Palestinian solidarity movement in Canada.
Canada’s terrorist listing system
We share the concerns raised by the International Civil Liberties Monitoring Group (ICLMG) about the structural flaws in Canada’s terrorist entities listing process:
While ostensibly a tool to protect the safety and security of people in Canada and internationally, the terrorist entities list is an arbitrary political tool that undermines freedom of association, freedom of expression and due process in the courts. Its effectiveness as a national security tool has never been demonstrated in a manner that justifies its use.[1]
These flaws are particularly relevant to this case given the clear overrepresentation of Palestinian, Muslim, and Arab organizations on the list. Out of the 79 registered entities on the list as of October of this year, only 20 were not Muslim or Arab affiliated, and Palestinian organizations made up 12.7% of total entities (10 entities).[2] This sends a message that Canada is disproportionately focused on Palestinians and Muslims as a supposed terror threat, despite the fact that intelligence services view “ideologically motivated violent extremism” (including white supremacist and neo-fascist groups) to represent a higher domestic risk.[3] This gives credence to the point made by the ICLMG that “the terrorist entities list is a political instrument, often used in discretionary ways to further the geopolitical interests of Canada and its allies.”[4]
The terror listing process represents a major infringement on the Charter rights of inhabitants of Canada, which have been continually eroded in the post-9/11 era. We support the ICLMG’s calls for the abolition of the terror list, as they argue: “If the Canadian government believes organizations and individuals pose a threat to the public, that evidence should be presented in open court, where the accused can appropriately defend themselves against the accusations.”[5]
Lack of evidence to support designation
If we look at the specific case of the designation of Samidoun, it appears that Canada is failing to follow its existing guidelines. Under the Anti-Terrorism Act, Canada can create a list of entities that either 1) “have knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity,” or 2) have “knowingly acted on behalf of, at the direction of or in association with an entity that has knowingly carried out, attempted to carry out, participated in or facilitated a terrorist activity.”[6] To our knowledge, Canada has not made substantive allegations against Samidoun on either grounds.
Canada has not alleged any involvement in terrorist activity on Samidoun’s part, nor of having substantive or material links with a terrorist entity. Notably, Canada’s relevant documents (its press release[7] and its listing on the Public Safety Canada website[8]) do not join the US in alleging that Samidoun operates as a “fundraiser” for the PFLP or is involved in “financing” terror.[9] Given that the designations by the US and Canada were announced jointly, this discrepancy sends a message that Canada does not share the analysis of the US. Instead, Canada makes much weaker and far more ambiguous accusations that Samidoun “has close links with and advances the interests” of the PFLP “on social media and in public protests.”[10]
Regarding the allegation of “close links,” I note that Samidoun has denied that it has any “material or organizational ties” to the PFLP.[11] Moreover, it is significant that the claims against Samidoun as a front for the PFLP appear to originate with the Israeli government itself, which criminalized the organization in February 2021.[12] This closely followed Israel’s designation of six leading Palestinian human rights organizations as terrorists – including Al Haq, Addameer, and Defence for Children International – Palestine – based on similar allegations.[13] In the case of the six organizations, Israel’s accusations have been comprehensively debunked and its actions are widely regarded by the international community as an attack on Palestinian civil society.[14] Is Canada relying on these unreliable accusations from the Israeli government as the basis to criminalize a civil society organization?
Further, when it comes to the allegation that Samidoun “advances the interests” of a listed entity on social media and in protests, we are highly concerned that this charge is overly broad and could potentially refer to a group “advancing” entirely legitimate political goals that are also held by a listed entity, like Palestinian self-determination, ending Israel’s illegal occupation, or calling for the release of prisoners. For example, CJPME seeks to advance the human rights and self-determination of the Palestinian people, and those broad goals could be shared by entities on the terror list, but that does not mean we are advancing their specific interests. Many critics of the pro-Palestinian solidarity movement frequently and unfairly suggest that even calling for a ceasefire is advancing the goals of Hamas, yet surely the Canadian government does not consider this also to amount to terrorist activity. There is clearly a high risk of overreach and the abuse of terror designations to crack down on political speech, based on an interpretation of whether a given organization’s activities “advance the interests” of another.
Political activity
Instead of alleging participation in terrorist activity, Canada’s listing of Samidoun takes aim at its political activity, including its advocacy on behalf of Palestinian prisoners in Israeli detention. Canada claims that “many Palestinian prisoners for which Samidoun advocates for release have ties to terrorism, assassinations and countless attacks against Israel.”[15] However, it is well known that Israel’s military occupation arbitrarily holds thousands of people under conditions of administrative detention without due process, charge, or trial.[16] Military courts have a more than 99% conviction rate, in part due to the practice of torturing prisoners into forced confessions, including children.[17] Israel’s court system has no credibility, and an arrest or conviction, or even a confession, cannot be taken as evidence of someone’s actual guilt. Moreover, we have previously written to you about our concerns with your Ministry’s partnership with Israeli National Security Minister Itamar Ben-Gvir, who has been personally convicted of terror-related offences and has led a dramatic deterioration in the rights and living conditions of Palestinian detainees since October 7, 2023.[18] Does Canada view advocacy for the release of Palestinians caught in this unjust system to be engaging in terrorist activity?
Further, the listing claims that Samidoun advocates “all kinds of activities including violence,” presumably referring to their expressions of support for armed resistance in the context of occupied Palestine. Unlike Samidoun, CJPME strictly supports non-violence and does not advocate for armed struggle, but we do recognize the right of all peoples under foreign occupation to resist, as enshrined under international law.[19] The United Nations General Assembly (UNGA) has repeatedly affirmed the right of Palestinians to resist Israel’s military occupation, including through armed struggle,[20] and the additional protocols of the Fourth Geneva Convention (1977) have affirmed that the laws of war apply to “armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination.”[21] Indeed, many liberation movements have turned to armed struggle to resist oppression, including South Africa’s African National Congress (ANC), which was nonetheless supported by a broad segment of Canadian civil society in the 1970s and 80s. Does Canada now consider support for armed struggle against military occupation to be terrorist activity? Will Canada now list Ukrainian organizations as terrorist entities for supporting the armed resistance against Russian occupation?
We are also concerned that this terror designation arrived in the immediate context of partisan political debate over the activities of activists associated with Samidoun, as politicians condemned the use of phrases such as “Death to Canada, death to the United States, and death to Israel” and the burning of a Canadian flag at a rally. For example, Conservative Party deputy leader Melissa Lantsman explicitly alluded to these incidents in Parliament as reasons why Samidoun should be added to the terror list.[22] In the absence of substantive allegations of terrorist activity, it is hard to avoid the obvious conclusion that these activities are at least partly behind the criminalization of the group. Yet these activities, even if we find them distasteful, certainly fall far short of terrorism. Even the so-called “glorification” of terrorism “is not a terrorist offence” and “would likely prove challenging to prosecute,” according to expert Jessica Davis.[23]
Ultimately, the terrorist entities list is not supposed to be a list of groups whose discourse is found to be distasteful, offensive, or provocative by the Canadian government. Nor is it supposed to be a list of groups that Canada accuses of “extremist antisemitism,” as described by Special Envoy Deborah Lyons.[24] Canada’s anti-terrorism strategy should be aimed at countering terrorism; that is, the use of violence against civilians for political purposes.
We reiterate our demand that any alleged criminal activity be addressed through the criminal justice system, instead of relying on an opaque and politicized terror listing process. On this point, we note that the BC Government has still failed to lay hate crime charges against a Samidoun leader for remarks made at a rally six months ago, which may point to a lack of confidence in the ability to prosecute.[25]
Recommendations
We are deeply disturbed that Canada appears to be criminalizing what is essentially political speech, motivated by a concern to shield Israel from criticism. Moreover, due to Samidoun’s participation in the broader pro-Palestine movement – for example, through the endorsement of peaceful demonstrations – we are particularly worried that the claims against the organization will be weaponized to attack and endanger other movement participants who have nothing to do with them, or otherwise discourage ordinary people from getting involved. Instead of cracking down on terrorist activity, this action appears designed to weaken the pro-Palestine movement itself.
We recommend that you retract the terror designation against Samidoun and commit to overhauling the entire terror listing system, due to the inherent risk of infringing on civil liberties and clear issues of anti-Palestinian bias. Any alleged criminal activity should be pursued through other means.
We further demand that you make a commitment that Canadians will not be criminalized for engaging in advocacy for Palestinians. We also ask that you commit to upholding the rights and safety of the Palestinian solidarity movement in Canada, which has been legitimately demonstrating and organizing against Israeli violence and genocide for over a year.
I look forward to hearing from you regarding this urgent matter.
Sincerely,
Michael Bueckert, PhD
Vice President
Canadians for Justice and Peace in the Middle East
[1] ICMLG, “Canadian civil liberties coalition calls for end to terrorist entities listing regime,” October 17, 2024, https://iclmg.ca/iclmg-calls-for-end-to-terror-list/
[2] CJPME, “Intended to Fail: Systemic anti-Palestinian Racism and Canada’s Gaza Temporary Resident Visa Program,” September 2024, https://www.cjpme.org/gaza_visa_program
[3] Ibid.; 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
[4] ICMLG, “Canadian civil liberties coalition calls for end to terrorist entities listing regime,” October 17, 2024, https://iclmg.ca/iclmg-calls-for-end-to-terror-list/
[5] Ibid.
[6] Public Safety Canada, “About the listing process,” last modified June 25, 2021, https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/bt-lstng-prcss-en.aspx
[7] Public Safety Canada, “Government of Canada lists Samidoun as a terrorist entity,” October 15, 2024, https://www.canada.ca/en/public-safety-canada/news/2024/10/government-of-canada-lists-samidoun-as-a-terrorist-entity.html
[8] Public Safety Canada, “Samidoun,” Currently listed entities, date listed October 15, 2024, accessed October 22, 2024, https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/crrnt-lstd-ntts-en.aspx#2024-03
[9] For comparison, see the statements from the US State Department and Treasury Board: US Department of State, “Taking Joint Actions Against International PFLP Fundraiser,” October 15, 2024, https://www.state.gov/taking-joint-actions-against-international-pflp-fundraiser/; US Department of the Treasury, “United States and Canada Target Key International Fundraiser for Foreign Terrorist Organization PFLP,” October 15, 2024, https://home.treasury.gov/news/press-releases/jy2646
[10] Public Safety Canada, “Government of Canada lists Samidoun as a terrorist entity,” October 15, 2024, https://www.canada.ca/en/public-safety-canada/news/2024/10/government-of-canada-lists-samidoun-as-a-terrorist-entity.html; Public Safety Canada, “Samidoun,” Currently listed entities, date listed October 15, 2024, accessed October 22, 2024, https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/crrnt-lstd-ntts-en.aspx#2024-03.
[11] Samidoun, “We keep resisting: US and Canada sanction Samidoun,” October 16, 2024, https://samidoun.net/2024/10/we-keep-resisting-us-and-canada-sanction-samidoun/
[12] Israeli Ministry of Defense, “Israel Designates ‘Samidoun’ as a Terrorist Organization,” February 28, 2021, https://nbctf.mod.gov.il/en/Pages/SamidounEN.aspx
[13] CJPME, “Israel’s Criminalization of Palestinians NGOs,” last updated January 12, 2023, https://www.cjpme.org/palestinian_ngos
[14] Associated Press, “Israeli dossier on rights groups contains little evidence,” November 6, 2021, https://apnews.com/article/business-europe-middle-east-israel-security-services-e90e371a68ceb22b7f15f4b381ff5412; The Guardian, “CIA unable to corroborate Israel’s ‘terror’ label for Palestinian rights groups,” August 22, 2022, https://www.theguardian.com/world/2022/aug/22/cia-report-israel-palestinian-rights-groups; Human Rights Watch and Amnesty International, “Designation of Palestinian Rights Groups as Terrorists,” October 22, 2021, https://www.hrw.org/news/2021/10/22/israel/palestine-designation-palestinian-rights-groups-terrorists; UN Human Rights Office, “UN High Commissioner for Human Rights Bachelet Calls Israel’s ‘Terrorism’ Designation an Unjustified Attack on Palestinian Civil Society,” October 26, 2021, https://www.un.org/unispal/document/un-high-commissioner-for-human-rights-bachelet-calls-israels-terrorism-designation-an-unjustified-attack-on-palestinian-civil-society-press-release/; United Nations, “Statement by UN Agencies and the Association of International Development Agencies working in the Occupied Palestinian Territory,” August 18, 2022, https://palestine.un.org/en/195567-statement-un-agencies-and-association-international-development-agencies-working-occupied
[15] Public Safety Canada, “Samidoun,” Currently listed entities, date listed October 15, 2024, accessed October 22, 2024, https://www.publicsafety.gc.ca/cnt/ntnl-scrt/cntr-trrrsm/lstd-ntts/crrnt-lstd-ntts-en.aspx#2024-03
[16] United Nations, “UN report: Palestinian detainees held arbitrarily and secretly, subjected to torture and mistreatment,” July 31, 2024, https://www.ohchr.org/en/press-releases/2024/07/un-report-palestinian-detainees-held-arbitrarily-and-secretly-subjected; Addameer, “On Administrative Detention,” July 2017, https://www.addameer.org/israeli_military_judicial_system/administrative_detention; B’Tselem, “Administrative Detention,” n.d., https://www.btselem.org/administrative_detention
[17] Haaretz, “Nearly 100% of All Military Court Cases in West Bank End in Conviction, Haaretz Learns,” November 29, 2011, https://www.haaretz.com/2011-11-29/ty-article/nearly-100-of-all-military-court-cases-in-west-bank-end-in-conviction-haaretz-learns/0000017f-e7c4-da9b-a1ff-efef7ad70000; Defense for Children International – Palestine (DCIP), “Israeli forces’ systemic denial of fair trial rights to Palestinian child prisoners amounts to arbitrary detention,” June 1, 2023, https://www.dci-palestine.org/israeli_forces_systemic_denial_of_fair_trial_rights_to_palestinian_child_prisoners_amounts_to_arbitrary_detention
[18] CJPME letter to Minister LeBlanc: End Public Safety Collaboration with Israel, July 5, 2024, https://www.cjpme.org/letter_2024_07_05_public_safety
[19] CJPME Factsheet, “Palestinians and the Right to Resist,” August 2023, https://www.cjpme.org/fs_236
[20] UNGA Resolution 3314 (1974); UNGA Resolution 37/43 (1982).
[21] Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), June 8, 1977.
[22] Open Parliament, Melissa Lantsman, October 8, 2024, https://openparliament.ca/debates/2024/10/8/melissa-lantsman-4/
[23] Jessica Davis, “Samidoun: Palestinian Prisoner Solidarity Network,” Insight Monitor, October 9, 2024, https://newsletter.insightthreatintel.com/p/samidoun-palestinian-prisoner-solidarity
[24] Special Envoy Deborah Lyons (@DeborahLyonsSE), Tweet, October 15, 2024, https://x.com/DeborahLyonsSE/status/1846241975655121318
[25] Global News, “Why haven’t prosecutors decided on charges over B.C. comments praising Hamas?”, October 11, 2024, https://globalnews.ca/news/10807971/charlotte-kates-charge-decision-delay/