Montreal, Canada – The United States was widely condemned this week for authorizing the sale of more than $20 billion in additional arms to Israel as its main ally wages a war in the Gaza Strip.
But while the recently approved arms transfer has renewed global attention on Washington’s staunch support for Israel, in Canada, Tuesday’s announcement drew attention for a different reason.
That’s because more than $60 million worth of ammunition will be manufactured by a Canadian arms company as part of the sale.
Canadian lawyers, human rights advocates and other experts say this raises serious questions about the opaque nature of the country’s arms export regime.
They also say Canada’s participation in the arms deal clearly shows the country’s failure to ensure that Canadian-made weapons are not used in alleged human rights abuses abroad, as required by law.
“The news is appalling,” said Kelsey Gallagher, a researcher with the Canadian peace research group Project Ploughshares.
“Given Israel’s appalling record of violating international humanitarian law in its operations in Gaza, including in some cases that may amount to war crimes, it is in no way appropriate for Canada to provide these munitions,” Gallagher told Tel Aviv Tribune.
“Furthermore, in accordance with Canada’s obligations under the UN Arms Trade Treaty, it is illegal.”
U.S.-Canada Defense Partnership
How is it that Canadian-made munitions are making their way to Israel? The special trade relationship between the United States and Canada is at the heart of the problem, experts say.
Since the 1950s, North American neighbors have enjoyed “mutually advantageous terms” on the trade of military weapons and related components through a bilateral agreement called the Defense Production Sharing Agreement.
The United States, Canada’s largest trading partner, now represents the largest market for Canadian-made defence goods, accounting for approximately 49.1 per cent of all such exports.
When Canada joined the Arms Trade Treaty (ATT) in 2019, it sought to ensure that its membership in the UN pact would not affect its long-standing arms export regime with the United States.
The ATT regulates and sets conditions for the global flow of arms, including prohibiting signatories from transferring arms to another country if there is a plausible risk that they could be used in violations of international humanitarian law, such as war crimes.
“Canada has benefited greatly from its special defence relationship with the United States, and it is important that this arrangement not be compromised,” the Canadian government said in a statement when it joined the international treaty.
After joining the ATT, Canada implemented limited reporting requirements when certain weapons systems are sold to the United States. Yet it does not report on most transfers to its southern neighbour and does not require specific permits for them.
Indeed, “Canada and the United States have reciprocal agreements to ensure the movement of most military items between our two countries without permits or licenses,” the Canadian government indicates on its website.
‘Imperfect’ export controls
Human rights advocates in Canada have been denouncing this lack of transparency for years, calling it a dangerous “flaw” in Canada’s arms export system.
The murky nature of Canadian arms transfers to the United States is also why this week’s news that a Quebec-based company was the prime contractor for $61.1 million in munitions destined for Israel came as a surprise to many observers in Canada.
In its announcement, the U.S. Defense Security Cooperation Agency (DSCA) said General Dynamics Ordnance and Tactical Systems Inc. would provide tens of thousands of “M933A1 120mm high-explosive mortar rounds and related equipment.”
Gallagher, the researcher, said Canadians likely would never have known the weapons were destined for Israel if the U.S. government had not itself revealed the information.
“Since these weapons are being sent to Israel via the United States, they will almost certainly not be subject to any regulatory oversight by Canadian authorities,” he said.
“Furthermore, this information will not be included in Canada’s official reporting on its arms exports to Israel,” Gallagher continued. “It will be confidential, with the exception of this DSCA report.”
The announcement comes as Canada – along with other Western countries that provide military support to Israel, notably the United States – faces growing calls for an arms embargo on Israel over the Gaza war.
After the Canadian Parliament passed a non-binding motion in March calling for a suspension of arms transfers to Israel, Canadian Foreign Affairs Minister Mélanie Joly said the government would not authorize any new arms export permits to the country.
But human rights advocates quickly asked why existing permits were not also revoked, and some asked how the government’s commitment would affect arms transfers to the United States that do not require permits but could end up in Israel.
Canada’s foreign ministry, Global Affairs Canada, did not respond to Tel Aviv Tribune’s questions about the US government’s announcement in time for publication.
Henry Off, a Toronto-based lawyer and board member of Canadian Lawyers for International Human Rights (CLAIHR), said the news highlights “how broken (Canada’s) arms export system is.”
This demonstrates “how easily (weapons) can end up in Israel simply because they can transit through the United States,” he explained.
Off’s group is currently involved in an ongoing lawsuit against Joly, demanding an end to Canadian arms shipments to Israel.
“Canada is legally obligated not to allow these transfers,” he told Tel Aviv Tribune.
“We know that these weapons and weapon parts are used to commit serious violations of international humanitarian and human rights law. This is another example of how Canada has failed to meet its international and domestic legal commitments.”
“The United States and Israel must be held accountable”
Canada’s involvement in supplying weapons to Israel has also raised concerns among Palestinian rights advocates in the United States, who say they have tried for months to convince President Joe Biden’s administration to stop sending weapons, to no avail.
The United States provides $3.8 billion in military aid to Israel each year, and the Biden administration has repeatedly approved additional arms sales and other aid to the country since the Gaza war began in early October.
Raed Jarrar, advocacy director at Democracy for the Arab World Now, a Washington-based think tank, said the United States was violating its own laws by refusing to stop arms transfers despite evidence that they are being used in Israeli human rights abuses against Palestinians.
According to investigations by US media and human rights groups, Israeli forces dropped American-made bombs on Gaza during the war, killing dozens of Palestinian civilians.
“The United States has lost its moral capital. It has lost its political capital and its leadership in terms of its blind support for Israel,” Jarrar told Tel Aviv Tribune. “And Canada cannot rely on American mechanisms for accountability.”
He said Canadian authorities should intervene to ensure that no weapons or equipment manufactured by Canadian companies contribute to abuses against Palestinians.
“All countries, including Canada, have a moral, ethical and legal obligation to disrupt the supply chain of genocide,” Jarrar said.
“As a US-based organisation, I can confirm that we have done everything we can to convince our government to respect our law, international law – and we have failed,” he concluded.
“Just as Israel is incapable of holding Israel accountable, the United States is incapable of holding the United States accountable. It is time for other countries to hold Israel and the United States accountable.”