TORONTO, Sept. 28, 2022 /CNW Telbec/ - On Thursday, September 22, 2022, a Justice of the Peace issued process against Sar-El Canada in relation to allegations that the organization recruited or induced individuals to accept an engagement as volunteers in the Israeli armed forces. The order resulted in a summons being issued, which compels Sar-El Canada to attend court and respond to allegations that it violated section 11 of the Foreign Enlistment Act, R.S.C., 1985, c. F-28.
Section 11 of the Foreign Enlistment Act states that "Any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement [combatant or non-combatant] in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence."
It is alleged that Sar-El Canada acted as an intermediary to recruit or induce individuals to volunteer in a non-combatant role with the Israeli military. It is further alleged that once in Israel volunteers would reside on military bases, wear military uniforms, and complete tasks that would otherwise be assigned to soldiers. These tasks allegedly included (but were not limited to) packing food rations or medical kits, cleaning tanks, painting helmets, radio repairs, and gas mask refurbishment. It should be noted that these allegations have not yet been proven in court.
The case was commenced as a private prosecution by David Mivasair and Rehab Nazzal. Mivasair is a rabbi residing in Hamilton, Ontario. He previously served as the spiritual leader of two Canadian synagogues for twenty-one years. Mivasair was awarded an honorary Doctor of Divinity by the Reconstructionist Rabbinical College in 2016 and has a history of involvement in peacebuilding and justice projects in Israel-Palestine. Nazzal is a Palestinian-born multidisciplinary artist based in Toronto, Ontario. She holds a PhD in Art and Visual Culture from the University of Western Ontario. In December 2015 Nazzal was shot in the leg by a sniper while photographing activities of the Israeli armed forces in Bethlehem.
Mivasair commented that "We believe that the recruitment in Canada of volunteers to assist the Israeli military ought to be a concern of all Canadians. This issue was brought to the attention of the federal government and the Toronto Police Service. They both failed to act. We felt obliged to bring this prosecution as a civic duty to ensure respect for the rule of law." Nazzal added that "This case is about an alleged violation of Canadian law. We are confident that the Court will carefully consider the evidence available and adjudicate this matter in a fair and impartial manner."
The matter returns to court in Nov 23, 2022, 08:30 AM, Room 114 at the Old City Hall Courthouse (60 Queen Street West) in Toronto, Ontario.
SOURCE John Philpot, avocat
Information (English): Shane Martínez, attorney, 647-717-8111, [email protected]; Information (French): John Philpot, attorney, 514-668-9150, [email protected]
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