NDP Letter to Ministers Re: Prosecution of crimes by Canadians in Israel and Palestine

The Hon. Gary Anandasangaree
Minister of Public Safety

The Hon. Sean Fraser
Minister of Justice

The Hon. Lena Diab
Minister of Immigration, Refugees and Citizenship

The Hon. Anita Anand
Minister of Foreign Affairs

August 28, 2025

Re: Prosecution of crimes by Canadians in Israel and Palestine

Dear Ministers,

We are writing to you today as New Democratic Party Critics for Foreign Affairs, Immigration, Public Safety, and Justice, regarding a serious matter raised by many of our constituents and Canadians from across the country.

As you know, perpetrators of war crimes, crimes against humanity, and genocide – including those living in Canada – are too rarely held accountable. However, Canada’s War Crimes Program, delivered jointly by IRCC, CBSA, RCMP and Justice Canada, is tasked with overseeing the investigation and prosecution of individuals living in Canada suspected of war crimes, genocide and crimes against humanity. The Crimes Against Humanity and War Crimes Act gives Canadian authorities the legal ability to investigate and prosecute international crimes, when a suspect is present in Canada. According to the Crimes Against Humanity and War Crimes Act, a person who is convicted of these crimes is liable to imprisonment for life.

Canada has opened structural investigations in the past concerning crimes against the Yazidi people and the Ukrainian people. To date, there have been no prosecutions by Canada of alleged perpetrators of war crimes or crimes against humanity in the case of Ukraine.

On June 4th of this year, the RCMP confirmed it is collecting information as part of a structural investigation into the “Israel-Hamas conflict.” However, the RCMP has yet to confirm any related criminal investigations.

Other countries are conducting investigations into international crimes committed in Israel and Palestine. In July, two IDF soldiers were arrested and questioned in Belgium regarding alleged war crimes. These were the result of work done by the Hind Rajab Foundation, named in honour of five-year-old Hind Rajab who was killed by the IDF in Gaza in 2024.

It is clear from reports from Gaza, including by trusted human rights organizations, the world’s leading genocide scholars, and international experts, that Israel’s government is committing the crime of genocide. The International Court of Justice (ICJ) has also determined this is a plausible genocide. The ICJ has likewise made clear that states must not contribute to Israel’s ongoing and illegal occupation of Palestinian territories.

Unfortunately, it appears that some Canadian nationals and residents have chosen to participate in IDF operations in Gaza. Some have already returned to Canada and spoken publicly about their experiences. There is a significant possibility that more will travel to Israel to serve in the military, following the Netanyahu government’s pledge to call up 130,000 reservists to fight in Gaza. We therefore ask your government to warn any Canadians intending to serve in the Israeli military or any other armed group that, upon their return to Canada, they will be held accountable for any crimes committed in contravention of the Crimes Against Humanity and War Crimes Act.

Let us be clear: if any Canadian nationals or residents have committed crimes of genocide, crimes against humanity, or war crimes in any context around the world, they must be investigated and prosecuted. Whether these crimes are committed under the IDF, Hamas, or any other military or armed group, such atrocities must not go unpunished.

We cannot stress enough the urgency of this matter given the ongoing genocide and IDF attacks on hospitals, journalists, and civilians – all protected under international law. And as Netanyahu’s plan to take over Gaza City is imminent, it is essential that Canada uphold its responsibilities under domestic and international law. For too long, your government has ignored its obligations under international legal instruments such as the Genocide Convention – and under this government, Canada’s reputation as a human rights defender is in shambles.

Many of our constituents, and indeed Canadians across the country, are deeply concerned that Canadian nationals and residents may have committed illegal acts while serving with the IDF in Gaza, and these individuals will return to Canada to live freely without any accountability for their crimes.

We urge you to recognize this as a serious matter and ensure that any and all allegations regarding Canadian nationals and residents are swiftly investigated and, should the evidence warrant, prosecuted.

Moreover, we ask for confirmation that Canadian Border Services Agency (CBSA) is conducting detailed interviews with Canadian nationals and residents who are returning from foreign military service and active war zones, including Israel and Gaza.

Canada must apply its laws consistently and equally. All Canadian nationals and residents are subject to the law. It is your responsibility as the Canadian government to ensure these laws are enforced - and that Canada upholds its international legal and human rights obligations.

Sincerely,

Heather McPherson, MP for Edmonton Strathcona
NDP Critic for Foreign Affairs and Defence

Jenny Kwan, MP for Vancouver East
NDP Critic for Public Safety and National Security, and Immigration, Refugees and Citizenship

Lori Idlout, MP for Nunavut
NDP Critic for Justice