There will be no charges arising from allegations that the Israel Defence Forces (IDF) has been recruiting members illegally in Canada.
The case began in 2020, when several progressive groups and individuals laid a complaint with Justice Minister David Lametti calling for an investigation and possible charges against those who recruit or encourage recruiting for the Israel Defence Forces among non-Israeli citizens in Canada.
Lametti referred the matter to the RCMP, which, on June 8, issued the following statement to the CJN: “A review was conducted. [H]owever, a criminal investigation was not initiated. The file is now concluded and the RCMP has no further comment.”
Israel’s consulate in Toronto was unavailable for comment. The country’s embassy in Ottawa did not respond to a request for comment.
The case began when the Canadian Foreign Policy Institute, Palestinian and Jewish Unity, and Just Peace Advocates presented the complaint to Lametti, alleging that recruiting by the IDF in Canada violated the Foreign Enlistment Act. The 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 in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.”
The complaint focused on online ads from Israel’s consulate in Toronto, which said an IDF representative was available for personal appointments for those wishing to join the forces, not just those required to do their compulsory military service.
“Young people who wish to enlist in the IDF or anyone who has not fulfilled their obligations according to the Israeli Defence Service Law are invited to meet with him,” the ad stated, according to the complaint.
The complaint also alleged that the consulate had arranged for Israeli soldiers and veterans to appear in Jewish schools, summer camps and other venues in Canada with the goal of inducing young people to enlist.
The allegations were unfounded, said Israel’s consul-general at the time, Galit Baram.
“Israeli law dictates compulsory military service to Israeli citizens over the age of 18, whether male or female. Consequently, Israeli citizens of drafting age living abroad are required to settle their status with the Israeli authorities, through Israeli consulates around the world,” she said.
Baram called the charges an attempt to “smear” Israel.
At the time, Lametti said diplomats representing Israel in Canada “follow Canadian law.”
Included in the complaint was an open letter signed by U.S. academic Noam Chomsky, musician Roger Waters, author Yann Martel and more than 170 prominent Canadians. It was delivered to Lametti, asking him to probe recruitment for the IDF taking place in Canada.
The complaint noted that there were some 230 Canadians serving in the IDF as of 2017, and that it was “unclear” how many were recruited in ways that violated the law.
After the complaint was laid, Winnipeg human rights lawyer David Matas said Israel’s consulates in Toronto and Montreal practised neither recruitment nor inducement, since Canadian citizens wishing to join the IDF had already made up their minds to do so.
In the latest development, Matas said he believes the RCMP dropped the matter because they did not have evidence to reach a conviction, and that there is “no evidence potentially available through investigation that could change that conclusion.”
Matas’s view is that the case “had no merit at all.”
The matter was further pressed in 2021 when NDP MP Matthew Green sponsored a petition calling on Canada to investigate allegedly illegal recruitment by the IDF in Canada.
In its response the following year, the justice ministry said the responsibility for investigating and prosecuting offences under the Foreign Enlistment Act “rests with independent law enforcement and prosecution services.”
The case is another loss for pro-Palestinian activists. Last December, a criminal charge they initiated against Sar-El Canada, the Canadian arm of an Israel-based organization that provides volunteers for the IDF, was withdrawn because there was no reasonable chance for a conviction. That case alleged that Sar-El Canada also violated the Foreign Enlistment Act by recruiting volunteers for the IDF.
The Foreign Enlistment Act was passed in 1937 to prohibit the recruiting of Canadian volunteers to fight in the Spanish Civil War. Roughly 1,700 Canadians signed up anyway to fight for the anti-Franco Loyalists, the vast majority of whom were recruited by the Communist Party of Canada. They formed the storied Mackenzie-Papineau Battalion (the “MacPaps”).
According to historian and legal scholar Tyler Wentzell, no Canadians have been charged or prosecuted under the act.
The Canadian arm of an Israeli organization that provides volunteers for the Israel Defence Forces (IDF) is facing a legal challenge to show that it does not violate Canadian law.
Sar-El Canada is slated to go to court in Toronto on Nov. 23 to argue that it does not violate the Foreign Enlistment Act.
The 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 in the armed forces of any foreign state or other armed forces operating in that state, is guilty of an offence.”
Sar-El Canada sends 100 to 150 volunteers a year from this country to Israel, the group’s national president, Jeff Sarfin, told the CJN. He said the organization had received nothing in writing about the legal challenge, and would issue a statement when it does.
Sarfin said those behind the legal challenge “are well-known anti-Israel activists known to cause trouble” and that “we consider this a non-issue.”
The case is the latest salvo from David Mivasair, a Hamilton, Ont.-based rabbi with a long history of activism targeting Israel, who called Vancouver home for many years.
Mivasair is joined on the private prosecution by Rehab Nazzal, a Palestinian-born, Toronto-based artist who was shot in the leg in Bethlehem in 2015 while photographing an IDF “skunk” truck, a non-lethal weapon used for crowd control.
A statement issued Sept. 28, by lawyer John Philpot, claimed 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.”
On Sept. 22, a justice of the peace approved a private prosecution against Sar-El, compelling the organization to appear in court in November.
“This will be only a first appearance, and there are a number of preliminary stages that the case will need to pass through before a trial date can be scheduled,” Shane Martinez, one of the lawyers representing Mivasair and Nazzal, told the CJN.
Recruiting in Canada for volunteers to assist the Israeli military “ought to be a concern of all Canadians,” Mivasair stated in a press release. He said the matter was brought to the attention of the federal government and the Toronto Police Service and “they both failed to act. We felt obliged to bring this prosecution as a civic duty to ensure respect for the rule of law.”
None of the allegations have been tested in court.
According to the Ontario courts’ website, a private prosecution is a legal process in which a person who has reasonable grounds to believe that someone has committed a criminal offence seeks to have the person charged and brought to court. The Foreign Enlistment Act is not part of the Criminal Code but criminal proceedings arising from it are “subject to and governed by the Criminal Code.” The act sanctions fines and imprisonment for those found guilty.
Sar-El Canada’s parent organization in Israel was established 40 years ago. Sar-El (a Hebrew acronym for “Service for Israel”) was originally set up to provide volunteer labour to farmers who were called up for military service, so their crops wouldn’t fail.
Sar-El operates in more than 30 countries and has to date sent some 160,000 volunteers to Israel to provide “broad logistical support to the IDF,” its website says. Volunteering takes place on IDF bases throughout Israel.
According to Sar-El, programs offer volunteers an opportunity to live and work beside Israeli soldiers and gain an insider view of Israel. Working alongside soldiers and base employees, the “non-combat civilian support duties” encompass packing medical supplies, repairing machinery and equipment; and cleaning, painting and maintaining the base.
The Sar-El program “is a morale booster and motivator for the soldiers,” the group’s website states.
David Matas, senior legal counsel for B’nai Brith Canada, said there “is no particular reason” the complainants in the Sar-El case should bring the matter forward. Typically, victims begin a private prosecution because they feel they have been ignored or turned away by police or the Crown.
The complainants in this case “do not identify as victims of any particular act of Sar-El volunteers. None of them personally claims to have suffered a loss as a result of what a Sar-El volunteer has done.”
The Foreign Enlistment Act, meantime, does not intend to include those who are not members of the armed forces. Sar-El volunteers “do not become members of the Israel Defence Forces [and] do not enlist in the Israel Defence Forces,” Matas told the CJN. “They are non-member support for the forces.”
Matas said the Crown can intervene in a private prosecution to stay a case, and that it would be “appropriate” for that to happen in this matter.
He pointed out that Ukraine has openly called for soldiers from around the world to join the fight against Russia. Oleskandr Shevchenko, Ukraine’s consul general in Toronto, told the National Post that “hundreds” of Canadians got in touch to offer assistance.
Allowing the Sar-El prosecution to proceed “would create an arbitrary situation where help for Israel is prosecuted and help for other states under armed threat is not,” Matas said.
In a related recent development, Canada’s justice ministry dismissed a petition that had called on the Liberal government to prosecute those who recruit and encourage recruiting for the IDF.
The petition singled out the Israeli consulate in Toronto, which had advertised “on several occasions an IDF representative available for personal appointments for those wishing to join the IDF, not just those who are required to do mandatory service.”
The petition was initiated by Mivasair and presented to the House of Commons in August 2021 by Hamilton NDP MP Matthew Green, but it died on the order paper when Parliament was dissolved for the federal election that followed.
Green reintroduced the petition this past June. On Sept. 22, the justice ministry replied that responsibility for the investigation and prosecution of offences under the Foreign Enlistment Act “rests with independent law enforcement and prosecution services.”
The campaign against the IDF’s recruitment of non-Israeli citizens in Canada began two years ago when several groups and some 170 prominent Canadians asked justice minister David Lametti to investigate the issue.
Israel’s Toronto consulate decried the action as part of a campaign “that attempts to smear the state of Israel and undermine [its] steadfast alliance with Canada.”
Israel’s consulate in Montreal at the time noted that consular services it provides are reserved for Israeli citizens and do not apply to non-Israelis who volunteer for the IDF.
At a news conference in October 2020, Lametti said Israeli diplomats serving in Canada “must follow Canadian law.” He referred the matter to the RCMP, which did not return calls and emails from the CJN seeking an update on the file.
Last year, Mivasair and Palestinian activist Khaled Mouammar asked the Canada Revenue Agency to investigate the Toronto-based Canadian Zionist Cultural Association for allegedly supporting the IDF.
Last May, following Israel’s brief war with Gaza, Mivasair was charged with one count of mischief after red paint, meant to symbolize Palestinian blood shed, was dumped onto the steps of the building housing Israel’s Toronto consulate. The charge was withdrawn in January.
Galit Baram, consul general of Israel in Toronto and Western Canada, says the allegations of recruiting are unfounded. (Consul office photograph)
Last October, a coalition of foreign policy and Palestinian solidarity organizations delivered a formal complaint to David Lametti, justice minister and attorney general of Canada, alleging that Canadians are being recruited for the Israel Defence Forces. Accompanied by an open letter signed by more than 170 supporters, the complaint seeks an investigation into the actions of Israeli diplomats and consular officials, among others.
Under Canada’s Foreign Enlistment Act, it is illegal for foreign militaries to recruit Canadians in Canada. In 2017, at least 230 Canadians were serving in the IDF, according to the army’s statistics. The coalition, composed of Just Peace Advocates, Palestinian and Jewish Unity, and the Canadian Foreign Policy Institute, alleges that Israeli consular officials have invited Canadians to speak with IDF recruiting officers at the consulate and have sent IDF soldiers to speak at Canadian high schools. In a written statement to the Canadian Jewish Record, which was cited in an Oct. 28 article online, Galit Baram, consul general of Israel in Toronto and Western Canada, said, “Any allegations against Israel in this matter are unfounded.”
The complaint drew some attention. Montreal-based newspaper Le Devoir reported on it in a front-page article on Oct. 19, under the headline “Israel criticized for recruiting on Canadian soil.” The article pointed to a recruiting invitation posted on the website of the Israeli consulate in Toronto in November 2019. “An IDF representative will conduct personal interviews at the consulate. Young people who wish to enlist in the IDF or anyone who has not fulfilled their obligations according to the Israeli Defence Service Law are invited to meet with him,” read the post, which included contact information to schedule appointments. Further investigations by Le Devoir yielded similar recruiting invitations from 2014 and 2018.
Baram said the invitations were directed only to Israelis. “In Israel, the law requires compulsory service,” she stated. “Every Israeli, male or female, must serve in the Israel Defence Forces. Israeli citizens living abroad are obligated to settle their status with the Israeli authorities.” According to the Foreign Enlistment Act, foreign representatives can recruit their own citizens in Canada, so long as the recruits are not also Canadian.
Baram acknowledged that recruiting officers may be sent to large Israeli communities to conduct interviews, citing Toronto as an example. According to the 2016 Census, however, roughly four out of five Israelis in Toronto are dual citizens, and approximately 3,125 Israelis in Toronto are not Canadian. When invited to clarify to which group the invitations were sent, the consulate declined.
John Philpot, a Montreal-based lawyer, is spokesperson for a coalition claiming that Canadians are being recruited for the Israel Defence Forces. (photo from english.khamenei.ir)
The coalition’s concerns extend beyond Israeli or dual citizens, however. “Any suggestion that all Israel does is recruit their own citizens who have to do their military duty is complete nonsense,” said John Philpot, a Montreal-based criminal-defence lawyer and coalition spokesperson. The Devoir article reported on a visit by an IDF colonel to a Toronto denominational school “to talk about his experiences as a new recruit and as a senior commander.” On the same day the complaint was filed, The Canada Files published an article by Yves Engler, a Montreal-based writer and signatory to the letter, documenting what Engler considers to be extensive promotion of the IDF in Toronto Jewish day schools.
As one example, he pointed to a talk by Seth Frieberg, an IDF “lone soldier,” in January 2020 at TanenbaumCHAT, a Toronto Jewish high school and Frieberg’s alma mater. Lone soldiers are foreign recruits to the military without immediate family in Israel. Frieberg joined the Israeli army in 2013 and served 14 months as a paratrooper. In an interview last October, he credited his time at the Eretz Hatzvi Yeshiva in Jerusalem, where he spent a year after high school, for partly driving his decision to enlist. His teachers spoke highly about Eretz Yisrael, the biblical land of Israel, and the importance of living there. He said he felt a greater connection to Israeli Jews, to the country, and was drawn to and admired the soldiers. He returned to Canada to complete an undergraduate degree at Western University and joined the IDF the following year.
The roots of his idea, however, began before his gap year. He was also motivated by a family history with the Holocaust and a course at TanenbaumCHAT. Two of his grandparents were Holocaust survivors, one of whom, his grandmother, was active in Holocaust education. “She’d always talk about that, so I think I had this idea in my mind about the horrors of the Holocaust,” he said. In his Grade 12 history course, a connection was made between the Holocaust and Israel: he took from it the idea that “had Israel been there during the time of the Holocaust, [it] probably wouldn’t have happened.” In this and other ways, Frieberg said, he relies on Israel. “In the worst sense … if anything bad happened to Jews or myself in Canada, I always have Israel to go to.” He reasoned he should do something for Israel in return: “And that could be charity, volunteer, or going to the army.”
As part of TanenbaumCHAT’s IDF Day, the annual event at which Frieberg spoke, students wear olive-green IDF T-shirts, matching clothing, and sell baked goods with green icing to raise money for the military. By Frieberg’s estimates, he spoke to 80 students about his experience in the IDF, including patrolling the Lebanese border and West Bank, searching for three kidnapped youth, and operations in Gaza. Did his talk inspire others? He said, “You’d have to ask them…. I was just there to tell them my story.”
Last year’s events were organized under the leadership of Israelis and former IDF soldiers Ariel and Lee Kestecher Solomon. Ariel, the school’s Israel engagement shaliach, or emissary, was a commander in the IDF and volunteers with the Jewish Agency for Israel. According to the agency’s website, Israeli emissaries are sent to Jewish communities abroad for two to three years “to strengthen and deepen the mutual connection between Israel and members of the community.”
In his Canada Files article, Engler characterizes these activities – IDF Day, talks by lone soldiers, fundraising for the military, and former soldiers with extended placements in Jewish day schools – as enticement to join the IDF. When invited to comment, Renee Cohen, TanenbaumCHAT’s principal, did not respond to multiple requests.
Kolby Hanson, post-doctoral fellow at the U.S. Naval War College in Rhode Island, co-wrote a study of 25 countries that recruit non-citizens. (photo from kolbyhanson.com)
Why countries like Israel might recruit foreign citizens is a puzzle that caught the attention of Kolby Hanson, post-doctoral fellow at the U.S. Naval War College in Rhode Island. In a 2019 paper for Security Studies, he and co-author Erik Lin-Greenberg categorized the 25 countries that recruit non-citizens into three distinct groups. In an interview in October 2020, Hanson explained that countries either recruit for specific expertise or for sheer numbers to fill ranks, or, like Israel, “within narrow ethnic or commonwealth networks that are more symbolic programs.” As with India, Israel “[uses] the rules around their recruitment to make some statement about who they are and what the nation’s identity is.” Israel recruits foreign Jews for its military to assert its identity as a Jewish state and to establish deeper ties to Jewish communities abroad.
“Someone might grow up and say, ‘My cousin served in the IDF and that makes me feel like I’m really connected to Israel,’ or whether you know someone who came back after serving in the IDF,” said Hanson. Countries that recruit for symbolic reasons tend to have other programs, like expedited citizenship (as Israel has for Jews), to reinforce these ties.
The IDF itself is likely aware of the legal sensitivities around recruitment of Canadians. Hanson described an unusual exchange in an interview with Canadian IDF soldiers: “When we used the word ‘recruitment,’ we had a couple of people get tetchy…. They pounced on it and said, ‘No, no, it’s not recruitment. The IDF allows people to serve, but they don’t try to get people to.’”
In Canada, crossing the line into active recruitment is a legal issue. Unfortunately, it is not clear where exactly the line is. The Foreign Enlistment Act does not define recruitment, nor, according to Tyler Wentzell, doctoral student in law at the University of Toronto, is there case law.
A serving military officer and lawyer by training, Wentzell has published several articles on foreign recruitment and the history of the act. In an October 2020 interview, he said cases have been tried for recruiting for criminal or terrorist organizations, but not for the military of a sovereign state, for which the term would likely be interpreted differently.
“If you’re actually sworn into [a foreign] military in Canada, that definitely crosses the line,” he said, as would undertaking the stages of an intake funnel, including physical fitness and aptitude testing and evaluation. But, at earlier points, like attracting prospects, the line blurs. Is putting a Mountie on promotional material for Canada recruiting for the RCMP, asked Wentzell, or using a national symbol to promote the country? To complicate matters further, recruiting is also “a cultural sense that changes over time,” as with evolving Canadian attitudes towards high school rifle ranges and cadet corps.
In an October 2020 interview, Petty Officer Gian Barzelotti, a recruiter for the Canadian Armed Forces, described where he draws the line when recruiting in Canadian high schools. To students in Grade 10 or older, he advertises the benefits of joining the military, including a paid co-op program in which students can earn high school credit. With younger students, he emphasized, the CAF does not recruit. “We do talk about the military and who we are and what we do for Canada,” he said, but not about programs and benefits nor intake. “You’re not saying, ‘Go down this path and you’ll end up being in the military.’”
Tzofim Garin Tzabar, however, does just that. A branch of the Israeli Scouts that is 70% funded by the Israeli government and the Jewish Agency for Israel, Garin Tzabar describes itself as the “Israeli lone soldier IDF program.” Its online promotional video advertises an “unbelievable three months of one unforgettable absorption process,” “at least 20 new friends,” “a family for life,” and that 30% of its participants are accepted to the IDF’s officer and commander stream. It also lists an office in Toronto.
Likewise, in June 2020, Nefesh b’Nefesh, an Israeli absorption organization, advertised a webinar entitled “Joining the IDF” on the website of the UJA Federation of Greater Toronto. According to the event listing, the webinar featured “everything you need and want to know about joining the IDF,” including the lone soldier program, the structure of the military, preparatory Hebrew programs, and post-secondary degrees relevant to the IDF. Last year, Nefesh b’Nefesh facilitated the absorption of 390 lone soldiers from North America to Israel. Although the UJA Federation did not endorse the webinar, it did promote it on its website.
In practice, it seems the Canadian government has never done more than slap an offending party on the wrist. During the Vietnam War, said Wentzell, the U.S. army accidentally placed a recruiting ad in a Canadian magazine. “There was a great deal of correspondence back and forth saying, ‘Hey, could you lay off this?… The response was pretty consistently, ‘Yep, sorry.’”
The government maintains an interest in keeping Canadians out of foreign militaries and conflicts. Wentzell illustrated this by way of a Canadian who served in the 1948 Arab-Israeli war: “What happens when Benjamin Dunkelman gets in trouble on the other side of the planet? Do we get him home? Do we owe him anything? These were still live issues.” For the 200-plus Canadians serving in the IDF today, they still are.
“If Canada said to the Israeli consulate, ‘Stop all recruiting,’ [and] went to the schools and said, ‘You cannot have meetings where Israelis invite you to join the army’ … that would be a good step forward,” said Philpot.
To Philpot and the coalition, these acts are part of a “whole series of evidence” that point to IDF recruiting, including an event held by Deborah Lyons, Canadian ambassador to Israel. In January 2020, she hosted 33 Canadian IDF lone soldiers at her residence in Jerusalem to thank them for their service. “We at the embassy are very proud of what you’re doing. It’s really quite incredible,” she said. Philpot said all of this points towards recruitment.
Shortly after the complaint was filed, Lametti responded to questions in an unrelated press conference. He reiterated that Canadian law applies to foreign diplomats but referred calls for an investigation to the police and the public prosecution service. “I will leave the decision to the institutions we have in Canada to monitor the situation,” he said. In mid-November, the RCMP confirmed it was reviewing and assessing the evidence submitted.
Kevin Keystoneis a Toronto-based freelance writer, editor and researcher. His writing has been published in the Literary Review of Canada, the Jewish Independent and Good Old Boat.
