This investigation is important. The indiscriminate slaughter of Israeli civilians on October 7, 2023, is an indisputable war crime. The CJLA welcomes an independent investigation conducted impartially, relying upon evidence-based assessments in alignment with principles of the rule of law. An impartial investigation must ensure that Canada does not provide a safe haven to those who committed war crimes on October 7th, and that those in Canada to be prosecuted.
A structural investigation is not a criminal investigation. It is an early, broad information-gathering process under Canada’s Crimes Against Humanity and War Crimes Act. The RCMP uses this approach in many global conflicts to collect open-source material and voluntary submissions. It does not target individuals at this stage. According to Canadian law, a criminal investigation would only be triggered if a specific individual suspected of international crimes is identified, and there is a clear Canadian connection, such as Canadian citizenship, residency, or presence in Canada. The RCMP has explicitly stated that the current initiative “does not target any community or group.”
CJLA is concerned that the structural investigation, in its desire to amass the greatest amount of publicly available information, may be presented with a significant amount of misinformation, disinformation and outright fabrications that will require vigilance of the RCMP and our institutions to ensure only credibly based information is assessed. That said, at this time, there is no immediate legal risk to IDF soldiers or veterans travelling to or residing in Canada based solely on their military service. Serving in the IDF does not in itself constitute a crime under Canadian law.
CJLA supports the impartial application of the law, including the investigation of Hamas atrocities against civilians on October 7th. We are actively engaged to ensure that no legal process in Canada is misused to target Israelis or Jewish Canadians. If you are concerned about becoming a target of a criminal investigation and require legal advice, please contact us at canadianjewishlawassociation@gmail.com to obtain information on your rights regarding RCMP investigations.