Following are first impression summary comments on the Opposition Motion (Heather McPherson, NDP, Edmonton Strathcona) pertaining to Israel and Gaza (as amended) passed by a vote of 204-117 on March 18, 2024, opposed by Conservative Members of Parliament (MP) and three Liberal MPs.
My comments will be made in italics, interspersed with the text of the motion.
Although opposition motions are non-binding, the amendments to the NDP motion were introduced by the governing Liberal Party and passed with support of the government party, giving indication of the Trudeau Government’s support for its content and necessarily change to Canada’s foreign policy position in regard to Israel.
Opposition Motion (as amended):
Canada’s actions to promote peace in the Middle East
That, given that,
(i) the situation in the Middle East is devastating to many Canadians, particularly those with friends and family members in the region,
(ii) the death toll in Gaza has surpassed 30,000, with 70% of the victims being women and children,
This statistic is provided by the Gaza Ministry of Health (i.e. Hamas) and has been repeated without verification by the United Nations Relief and Works Agency (UNRWA), by some humanitarian aid agencies (notably the Hamas controlled Palestinian/Gazan branch of Save The Children), and by media. Hamas does not distinguish between civilian and combatant deaths in its reported numbers. Israeli Defence Forces (IDF) records of deceased Hamas combatants suggest combatant deaths at approximately 11,000 as of March 15, 2024. International analysts of urban warfare suggest even the Hamas reported numbers are exceedingly low for urban warfare, particularly for as densely populated a small geographic region as Gaza, crediting the IDF with taking exceptional care to protect civilians while taking action against military targets. Population of the Gaza strip is estimated to be 2.2 million people within 365 square kilometres (141 square miles).
(iii) Hamas is a listed terrorist organization in Canada whose attacks on October 7, 2023, killed nearly 1,200 Israelis and that over 100 hostages remain in Hamas captivity,
(iv) 1.7 million of residents of Gaza are displaced and at risk of starvation, death, and disease, and Gaza is currently the most dangerous place in the world to be a child,
Israel disputes the lack of humanitarian aid as records indicate sufficient food and water entering the Gaza strip. Gazans have reported Hamas officials seizing food intended for distribution, with humanitarian aid supplies available for purchase from Hamas authorized sellers. Humanitarian supplies marked UNRWA have been found housed in Hamas facilities discovered by the IDF.
(v) the United Nations reports over 70 per cent of civilian infrastructure in Gaza, including homes, hospitals, schools, water and sanitation facilities, have been destroyed or severely damaged by Israeli military attacks,
Hamas integrated its military infrastructure into civilian infrastructure, including storage of weapons and ammunition in hospitals, schools, mosques, and private homes. Hamas has also built an estimated 560 to 720 kilometres (350 to 450 miles) of tunnels throughout Gaza which are connected to medical facilities, schools, mosques, and private homes. By comparison, the City of London is geographically 4 times larger than Gaza and has 400 kilometres (250 miles) of tunnels for its Underground (subway system).
(vi) on January 26, 2024, the International Court of Justice ordered six provisional measures, including for Israel to refrain from acts under the Genocide convention, prevent and punish the direct and public incitement to genocide, and take immediate and effective measures to ensure the provision of humanitarian assistance to civilians in Gaza,
This provisional ruling of the International Court of Justice was in response to allegations of genocide made by South Africa. There is no finding or indication that Israel is involved in committing genocide in Gaza. The IDF is perhaps the most scrutinized military force on the planet, maintains meticulous records of its activity, publicly notifies about disciplinary action, and Israel has filed a request to dismiss the claim.
(vii) all states, including Israel have a right to defend themselves and in defending itself, Israel must respect international humanitarian law and the price of defeating Hamas cannot be the continuous suffering of all Palestinian civilians,
In defending itself, Israel is required to adhere to the Geneva Conventions and the Convention on Genocide.
(viii) Israelis are still at risk of attacks by Iran-backed terrorist groups including Hamas and Hezbollah,
(ix) the increase in extremist settler violence against Palestinians and reports of Palestinian communities being forcibly removed from their lands in the West Bank,
(x) the casualties of the war on Gaza and the Hamas terrorist attack include Canadian citizens,
This statement sets up a moral equivalency between the State of Israel legitimately defending itself under international law and Hamas, a listed terrorist entity under Canadian law.
(xi) Canadian citizens remain trapped in Gaza, blocked from leaving,
Canadian citizens have been restricted from leaving Gaza by the governments of Gaza (Hamas) and Egypt.
(xii) Jewish, Muslim, Arab, and Palestinian Canadians have reported an increase in hate-motivated attacks and racism since October,
Incidents of antisemitism have more than doubled, including vandalism and shooting at synagogues, private Jewish schools, and private residences. Pro-Palestinian demonstrations have targeted Jewish owned businesses, stores that sell Israeli products, Jewish hospitals in Toronto and Montreal, Jewish neighbourhoods and main intersections accessing Jewish neighbourhoods in several Canadian cities.
(xiii) Palestinians and Israelis both deserve to live in peace, with full enjoyment of their human rights and democratic freedoms,
the House call on the government to:
(a) demand an immediate ceasefire, the release of all hostages, and Hamas must lay down its arms;
(b) cease the further authorization and transfer of arms exports to Israel to ensure compliance with Canada’s arms export regime and increase efforts to stop the illegal trade of arms, including to Hamas;
Although the Canadian government had already paused lethal and non-lethal military-related exports to Israel in January, on March 19 Foreign Affairs Minister Melanie Jolie announced stopping the transfer of military-related exports to Israel. Israel is the only democratic nation in the Middle East. It is in the middle of a war that was initiated by Hamas and is now under attack from Hezbollah (also a listed terrorist entity under Canadian law) from the north as well. Canada does not sell arms to Hamas.
(c) ensure continued funding to the United Nations Relief and Works Agency (UNRWA) to meet the dire humanitarian need, engage with the United Nations internal investigation and independent review process, and ensure implementation of necessary long-term governance reforms and accountability measures;
UNRWA has been shown to have been demonstrably infiltrated by Hamas operatives and relatives of Hamas combatants, has permitted Hamas to construct military facilities adjacent to, underneath, and within UNRWA buildings, as well as to have provided support and supplies to Hamas. Hamas facilities have been directly and noticeably wired into the electricity panels of UNRWA buildings. UNRWA operated schools teach genocidal antisemitism and Israel-eliminating anti-Zionism, over 3,000 teachers celebrating the October 7 massacre in a group chat.
(d) support the prosecution of all crimes and violations of international law committed in the region;
(e) support the work of the International Court of Justice and the International Criminal Court;
(f) demand unimpeded humanitarian access to Gaza;
Israel and Egypt have the right under international law to control their borders with Gaza.
(g) ensure Canadians trapped in Gaza can reach safety in Canada and expand access to the temporary resident visa program;
(h) sanction extremist settlers and maintain sanctions on Hamas leaders;
Extremist settlers are not listed terrorists in Canada. Foreign Affairs Minister Jolie announced in February that the Government of Canada would be sanctioning extremist settlers.
Hamas is a listed terrorist entity, the leaders of which should already be sanctioned under Canadian law. Minister Jolie announced in February that the Government of Canada would be sanctioning Hamas leaders.
(i) reaffirm that settlements are illegal under international law and that settlements and settler violence are serious obstacles to a negotiated two-state solution, and advocate for an end to the decades long occupation of Palestinian territories; and
Israel withdrew from Gaza in 2005, re-entering in 2008 in an effort to stop rocket fire into Israel (Iron Dome defence system operational 2011) and again after the Hamas massacre of Israeli citizens on October 7, 2023. Egypt has strict border measures in place for Gaza with one border crossing. The first Israeli fence was put up in the 1970s as a matter of border control, and supplemented with a wall in 1994 as agreed in the Oslo Accords agreed between the Government of Israel and the Palestine Liberation Organization. There are two border crossings between Israel and Gaza. An emergency crossing for additional humanitarian aid was opened March 12, 2024.
The West Bank security barrier, wall and fence, was built starting in 1994 and completed in 2006 with supplementary security measures put in place at various sections of the barrier since then. This action was taken following years of terrorist activities in Israel that originated from the West Bank. In 2003 the United Nations passed a general resolution requesting Israel stop building or remove portions of the barrier and sought the opinion of the International Court of Justice. In 2004 the International Court of Justice issued a non-binding advisory opinion that sections of the barrier were in violation of international law. Israel has said the portions of the barrier in question cannot be constructed along official boundary delineations because of land topography.
The Palestinian territories are not an independent state. Egypt has declined to accept responsibility for Gaza. Jordan has declined to accept responsibility for the West Bank.
(j) work with international partners to actively pursue the goal of a comprehensive, just and lasting peace in the Middle East, including towards the establishment of the State of Palestine as part of a negotiated two-state solution, and maintain Canada’s position that Israel has a right to exist in peace and security with its neighbours.
The original wording of the motion would have requested Canada independently and unilaterally recognize a State of Palestine. The amended wording is closer to the historic Canadian position that Canada recognize a State of Palestine when the State of Israel does, following a bilateral peace agreement between the two. This wording suggests Canada might recognize a State of Palestine as part of negotiations, prior to a bilateral peace agreement, a position on which the Foreign Affairs Minister and Prime Minister have declined to comment.
The original motion was heavily criticized. The amended motion remains criticized for its undue attention to actions required of Israel and its treatment of the government of Israel and the government of Gaza (Hamas) as moral equivalents when Israel’s is a democratically elected government and Gaza’s is a listed terrorist entity that imposed itself by violence and exists for the purpose of destroying Israel and killing Jews.