Canadian alleges discrimination, sues federal government in effort to get grandchildren out of Gaza
A Palestinian-Canadian is suing the federal government in an effort to get his four grandchildren out of Gaza.
Mohammed Nofal, 74, is alleging Global Affairs Canada and immigration officials created a discriminatory policy that denied his family help in evacuating a war zone in the days following the Oct. 7 Hamas attack on Israel.
In his federal court application filed on Dec. 4, Nofal alleges that GAC and the minister of citizenship and immigration treated Canadians with families in Gaza unfairly when compared to Canadians with families in Israel.
鈥淚n this case, we are making an accusation for abuse of power, for giving us misleading information and creating a discriminatory policy for evacuation,鈥 said the Burlington man鈥檚 daughter, Wesam Nofal, in an interview with 愛污传媒.
UNEVEN TREATMENT OF STRANDED CANADIANS
Mohammed Nofal is seeking an order from the federal court to force the minister to 鈥渃orrect their abuse of discretion鈥 and process his application for visas for his grandchildren in southern Gaza.
In his lawsuit, Nofal alleges that the federal government was willing to evacuate the foreign children and grandchildren of Canadians and permanent residents living in Israel, but was unwilling to do the same for Palestinian-Canadians with loved ones trapped in Gaza.
The lawsuit also alleges that Israeli-Canadians were given a special code to expedite visitor visas while Palestinian-Canadians were not.
Between Oct. 12 and 23, more than 1,600 people boarded Canadian airlifts from Israel.
鈥淚鈥檓 happy they are treating Canadian-Israelis the proper way, but the Canadian-Palestinians have been dehumanized and treated as second class citizens,鈥 said Wesam.
The Nofal allegations focus on communications that came from Global Affairs Canada鈥檚 SOS email account seven days after Canada began evacuating people from Tel Aviv.
BUREAUCRATIC BUNGLE
Wesam sought information from GAC about getting her brother鈥檚 family of six out of Gaza.
On Oct. 19, she received a message from sos@international.gc.ca, which stipulated that assisted departure was 鈥渓imited to Canadian citizens, permanent residents of Canada and their immediate non-Canadian family members who are currently in Israel.鈥
In email correspondence provided by Nofal to 愛污传媒, GAC defined immediate family members as the 鈥渘on-Canadian grandchild (under 22) and non-Canadian child (under 22) of a Canadian Citizen or Permanent Resident.鈥
Wesam said that when she reached out to GAC to see if their Gaza relatives qualified for evacuation, she was informed her brother and sister-in-law did not qualify, but their children were eligible for help.
She said she immediately began the process of applying for the grandchildren on behalf of her father.
Mohammad Nofal has four grandchildren in Gaza. The ages of the two girls and two boys range from 5 to 17 years old.
However on Oct. 22, GAC offered a 鈥渟incere apology鈥 for mistakenly telling the family the non-Canadian grandchildren were eligible.
鈥淯nfortunately, it seems like there was an error when we provided a response on the definition of immediate family,鈥 a GAC representative wrote, while stating that Immigration and Citizenship Canada was responsible for the definition.
Mohammed, Ahmed, Fulla and Malek with their father, Amjad in Gaza last year.
POLICY FLIP-FLOPS
Two weeks later, as the bombings of Gaza intensified, the Nofals once again inquired whether the federal government would help rescue the grandchildren. According to a Nov. 4 email, GAC officials wrote that the children would qualify for departure assistance if Mohammad Nofal could provide documentation showing that his son was willing to transfer custody to him.
Working through a lawyer in Ramallah, West Bank, the family was able to get a legal document transferring guardianship of the four children from their parents to their grandfather. The process took 16 days.
In the interim, Mohammad applied for expedited visas for his grandchildren with the special code that the family received in its first email from GAC. But the code didn鈥檛 apply to Gazans.
According to the court filing, on Nov. 20, the Nofals sent the proof of guardianship to GAC only to be told by officials that they needed a second opinion from a lawyer in Canada.
'MISTAKES ARE MADE'
Two days later, the family said, they submitted verification from a Canadian lawyer that the document was binding. But on that same day, despite what they believed to be successful efforts to clear multiple bureaucratic hurdles, Mohammed was advised on Nov. 22 that his grandchildren were not eligible for evacuation.
On Thursday, Immigration Minister Marc Miller said he wasn鈥檛 aware of the specific allegations and did not want to speculate. But he expressed concern.
鈥淚t doesn't make sense to deny children. We have a limited window to advocate for a limited group of people. We鈥檙e talking about a war zone and it's one where we have tried our best to be flexible and mistakes are made at times.鈥
Miller acknowledged mistakes could come 鈥渨ith the effect it cost sometimes peoples鈥 lives.鈥
愛污传媒 asked GAC if the foreign-born children and grandchildren of Canadians and permanent residents were permitted to board airlifts from Israel.
GAC did not answer the question but in a statement said that 鈥渁ssistance eligibility is applied consistently to all Canadians, permanent residents and eligible family members.鈥
鈥淔or privacy reasons, GAC does not comment on specific consular cases.鈥
From their Burlington, Ont., home, Mohammed Nofal and his wife, Intisar, try to check in daily with their son鈥檚 family. Often no one answers their mobile phones for hours or days - leaving the couple to fear the worst.
鈥淚 am broken,鈥 said Mohammad, pointing to his heart as tears welled up in his eyes.
His son鈥檚 family is currently taking refuge near the Egyptian border, crowded into one room with about 100 other people.
They are close to the Rafah border crossing, the only exit out of Gaza, yet safety is not within their grasp.
The Rafah gate is controlled by Egypt, while the list of names of people who can leave is administered by Palestinian officials. Who goes in and out is closely monitored by Israel, and exit through the gates is not possible amid air strikes and ground battles.
GAC says more than 600 Canadian citizens, permanent residents and their immediate family have crossed from Gaza into Egypt since Nov. 1. But there are still approximately 200 Canadians trapped in Gaza.
Earlier this week, the NDP called for special immigration measures to allow Palestinian-Canadians to apply for emergency visas for extended family members. Miller said he is working on a policy to help more Palestinians with Canadian ties. But the minister pointed out that even if Canada issues more visas, there is no guarantee they will be allowed to leave. Canada doesn鈥檛 control Rafah gate.
IN DEPTH
Jagmeet Singh pulls NDP out of deal with Trudeau Liberals, takes aim at Poilievre Conservatives
NDP Leader Jagmeet Singh has pulled his party out of the supply-and-confidence agreement that had been helping keep Prime Minister Justin Trudeau's minority Liberals in power.
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government鈥檚 three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party鈥檚 popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn鈥檛 be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Ontario will not allow international students in medical schools beginning in the fall of 2026, and will also cover tuition for more than 1,000 students who commit to becoming a family doctor in Ontario, Premier Doug Ford said Friday.
High-ranking Ont. police officer allegedly sped through a school zone, says report, but details are still murky
An Ontario police force has been accused of letting a deputy chief off the hook for speeding tickets. The results of an investigation into the allegations have not been provided, despite repeated requests for details.
BREAKING
A Montreal man is charged with first-degree murder in connection to the stabbing death of a woman at a park in Ottawa鈥檚 south end on Thursday.
The federal government allowed 30-year mortgage amortizations for first-time homebuyers purchasing new builds in August, and the new rules are set to expand in December to everyone looking to buy a newly-constructed home.
'Demanding an autopsy': Mother of 6 dies in deportation centre after Canadian government refuses to repatriate her
A Quebec mother of six, once detained in northeast Syria, has died while waiting for repatriation. The Canadian woman was known only by her initials F.J.
NEW
The GoFundMe page for the family of an employee found dead at a Halifax Walmart last weekend has paused donations after almost $200,000 was raised in roughly 24 hours.
Crews removed approximately 50 tonnes of 'fatbergs' from the sewer system in Richmond, B.C., earlier this month, according to Metro Vancouver.
How to prepare your online accounts for when you die
Most people have accumulated a pile of data -- selfies, emails, videos and more -- on their social media and digital accounts over their lifetimes. What happens to it when we die?
E. coli infections tied to McDonald's burgers rise to 75, U.S. FDA says
The number of people infected by the E. coli outbreak tied to McDonald's Quarter Pounder hamburgers increased to 75 from 49, the U.S. Food and Drug Administration said on Friday.
Local Spotlight
A new resident at a Manitoba animal rescue has waddled her way into people's hearts.
Hundreds of people ran to the music of German composer and pianist Beethoven Wednesday night in a unique race in Halifax.
He is a familiar face to residents of a neighbourhood just west of Roncesvalles Avenue.
A meteor lit up our region's sky last night 鈥 with a large fireball shooting across the horizon over Lake Erie at around 7:00 p.m.
Residents of Ottawa's Rideauview neighbourhood say an aggressive wild turkey has become a problem.
A man who lost his life while trying to rescue people from floodwaters, and a 13-year-old boy who saved his family from a dog attack, are among the Nova Scotians who received a medal for bravery Tuesday.
A newly minted Winnipegger is hoping a world record attempt will help bring awareness for the need for more pump track facilities in the city.
A Springfield, Ont. man is being hailed a 'hero' after running into his burning home to save his two infant children.
Hortense Anglin was the oldest graduate to make her way across the platform at York University's Fall Convocation ceremony this week. At the age of 87, she graduated with an Honours degree in Religious Studies.