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e-2710 (Foreign affairs)

E-petition
Initiated by David Kattenburg from Winnipeg, Manitoba

Original language of petition: English

Petition to the Government of Canada

Whereas:
  • Israel has vowed to annex parts of the occupied Palestinian West Bank (OPT) beginning in July 2020;
  • Article 2(4) of the 1945 UN Charter prohibits territorial annexation
  • The above prohibition is reiterated in the Fourth Geneva Convention (FGC) and numerous UN Security Council resolutions;
  • The International Court of Justice confirmed this prohibition in its 2004 Wall ruling;
  • Israeli settlements constitute a “grave breach” under the 1977 Protocol Additional to the FGC, and a “war crime” under the Rome Statue of the International Criminal Court;
  • Canada acknowledges that Israel is an occupying power and thus subject to the above conventions;
  • Annexation would breach three peremptory norms: the prohibition against acquisition of territory by force, the right of all people to self-determination, and the prohibition against subjugation and apartheid;
  • Article 1 of the FGC and Canada’s Geneva Conventions Act obliges Canada to “respect and ensure respect for the Convention in all circumstances.”; and
  • Articles 40 and 41 of the 2001 Articles on State Responsibility obliges Canada to cooperate in ending breaches of peremptory norms and refrain from rendering assistance to same.
We, the undersigned, Citizens and Residents of Canada, call upon the Government of Canada to
1- Ban the importation of settlement products into Canada and incorporate a settlement exclusion clause into the Canada-Israel Free Trade Agreement;
2- Formally "differentiate" between Israel ‘proper’ and the OPT, as mandated by Item 5 of UNSC Resolution 2334 and Article 25 of the UN Charter; and
3- Instruct the Canada Revenue Agency to terminate charitable status for the Jewish National Fund of Canada and other groups that support Israeli settlements.

Response by the Minister of National Revenue

Signed by (Minister or Parliamentary Secretary): The Honourable Diane Lebouthillier

The Canada Revenue Agency (CRA) extends its thanks to the petitioners for expressing their views regarding the income tax system.

With respect to the registration and oversight of charities, the CRA registers charities in Canada, and is responsible for making sure they comply with the requirements of the Income Tax Act and common law. As an independent regulator, the CRA is committed to protecting and maintaining the integrity of the charitable sector through a balanced approach of education, client service and responsible enforcement. The CRA’s Charities Directorate works and makes decisions independently and without interference from the Minister of National Revenue.

Charities play an important role in our society and provide valuable services to Canadians. Although registration as a charity provides many privileges, charities must follow the rules to take advantage of these privileges. The CRA has the responsibility to protect the integrity of Canada’s tax system and the charitable sector by making sure that all registered charities follow these rules.

The confidentiality provisions of the Income Tax Act prevent the CRA from commenting on specific cases. As a result, please note that CRA officials cannot confirm or deny whether a registered charity is currently under audit, has been selected for audit, or has previously been audited. The CRA’s actions can be made public only when an audit results in charitable registration being revoked, annulled, or suspended, or when a charity is penalized.

The CRA posts such cases online at canada.ca/charities-list. This list provides transparency to taxpayers regarding the CRA’s decisions with respect to charities.

The CRA takes the abuse of Canada’s tax laws seriously and encourages members of the public or members of a registered charity to contact the CRA’s National Leads Program if they are concerned that a registered charity is not complying with the provisions of the Act. This program reviews all leads the CRA receives to determine if there is non-compliance with the legislation it administers. More information is available online at canada.ca/taxes-leads.

 

Response by the Minister of Foreign Affairs

Signed by (Minister or Parliamentary Secretary): The Honourable François-Philippe Champagne

Canada remains strongly committed to the goal of a comprehensive, just and lasting peace in the Middle East, and to a two-state solution achieved through direct negotiations between the parties. Canada has expressed its clear concerns over the possibility of annexation directly to Israel at the highest levels, and welcomes the decision of the Israeli government to suspend the annexation of parts of the West Bank. Canada remains concerned by efforts to single out and isolate Israel internationally. Canada believes that the imposition of restrictions and sanctions exacerbates tensions, and does nothing to improve the quality of life for Palestinian citizens.

Canada supports efforts to uphold the two state solution, and to build the conditions for the parties to return to direct negotiations. Canada has stated that unilateral actions, including continued Israeli settlements, constitute serious obstacles to achieving a comprehensive, just and lasting peace. Canada’s long standing position is that we do not recognize permanent Israeli control over territories occupied in 1967, and Canada agrees with the UN Security Council that Israeli settlements constitute a serious obstacle to achieving a just, lasting, and comprehensive peace.

On the question of the Canada-Israel Free Trade Agreement (CIFTA), the modernized CIFTA continues to benefit Canadians, Israelis and Palestinians alike. The territorial scope of application of the modernized CIFTA is the territory where Israel’s customs laws apply. As such, qualifying trade with Canada from the West Bank and Gaza also benefits from preferential access.

Open for signature
June 30, 2020, at 5:03 p.m. (EDT)
Closed for signature
August 29, 2020, at 5:03 p.m. (EDT)
Presented to the House of Commons
Elizabeth May (Saanich—Gulf Islands)
October 2, 2020 (Petition No. 432-00053)
Government response tabled
November 16, 2020
Photo - Elizabeth May
Saanich—Gulf Islands
Green Party Caucus
British Columbia