Iran’s Revolutionary Guard Listed ‘Associated With’ Terrorist Group, Canadian Court Ruling – Nationwide

A judge has ruled that Iran’s Revolutionary Guard is a “terrorist organization” under Canadian law, adding fuel to the debate over how to deal with Tehran’s armed forces branch.

The Ontario Superior Court has ruled that the Iranian Revolutionary Guard Corps (IRGC) is a “designated organization” because one of its branches, the Qods Force, has already been so designated by Canada.

The ruling was reached in a lawsuit examining whether the estate of the late Canadian lawyer was required to pay approximately $1 million to an Iranian airline that allegedly acted as a front for the IRGC.

The judge dismissed the case because Babak Zanjani, the owner of the Iranian company, was an alleged IRGC investor. The court said paying the debt would violate Canada’s anti-terrorism laws.

However, the judge went further and ruled that the IRGC not only met the definition of a terrorist group, but was also an “association-listed entity” due to its ties to the Qods Force.

Being a listed terrorist organization has serious consequences. Contributing to the activities of the listed groups is illegal and their property may be seized and confiscated.

The Liberal government has long faced calls to put the IRGC on Canada’s terrorist list. Especially after Iranian militia shot down an airliner carrying 55 of his Canadian citizens and 30 of his permanent residents.

Most recently, the IRGC has been accused of helping Russia conduct drone strikes in Ukraine and participating in the crackdown on human rights protesters in Iran.

However, only the Qods Force branch of the IRGC is listed. The Qods Force is training, funding and arming terrorist groups such as Hezbollah and Hamas, which celebrated last week’s Jerusalem bus station bombing that killed his Canadian teenager.

Canadian Public Security has not yet responded to a request for comment on the court’s decision.

The Israel Center for Jewish Affairs urged the government to “accept the court’s verdict.” The organization is one of those that have urged Ottawa to take further action against his IRGC.

CIJA President and CEO Shimon Koffler Fogel said:

But national security law expert Professor Michael Nesbitt said the decision seemed to repeat a mistake made in a previous Ontario court ruling that failed to consider the IRGC as part of the Iranian military. said it looked like

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According to Nesbitt, a law professor at the University of Calgary, terrorist activity also includes the actions of the military in carrying out official duties. “In this case, the IRGC is not listed, so the court must find out the existence of the terrorist group.”

“To do this, they have a duty to consider mandatory exceptions, including whether the group is a state armed force performing official duties. Absent such analysis, It is impossible to determine whether a group is “terrorist”. ”

A 2018 House motion called for the IRGC to be listed as a terrorist organization under the Penal Code. A government headed by Prime Minister Justin Trudeau has yet to materialize.

Instead, the government has banned more than 10,000 IRGC members from entering Canada following the September killing of Martha Amini by Iranian moral police.

“The IRGC’s leadership is a terrorist. The IRGC is a terrorist organization. Today, Canada formally recognizes it and is acting accordingly,” Deputy Prime Minister Chrystia Freeland said at the time.

However, the judge’s decision may raise new questions regarding IRGC listings.

Judge Cory Gilmore said in his ruling that he “concurs with petitioner’s opinion that the IRGC cannot be considered anything other than a terrorist organization.” “Even though the Qods Force claims to be the only listed entity, I also agree with the applicant that the IRGC will be the listed entity by association.”

Danny Eisen, spokesman for the Canadian Counterterrorism Coalition, said, “The judge’s conclusion on the IRGC’s terrorist status is correct overall.”

A coalition representing victims of terrorism in Canada has called on the government to list the IRGC as a terrorist organization, arguing that the IRGC and the Quds Force are not separate organizations.

“Canada has a complete list of terrorist groups like Hezbollah and Hamas,” Aisen said. “In this regard, the IRGC is no exception. The body as a whole is committed to establishing Iran as a regional and global power through subversion and terrorism.”

The Ontario judge’s decision came after a UAE court ruled that the Dubai law firm owed Solinet, an Iranian company owned by Zanjani.

The law firm was partly owned by the late Canadian Donald Harry Bunker. His executors, who live in Ontario and Quebec, were told to pay Solinet his US$618,000, but they said Zanjani “used Solinet to finance his IRGC. I was unable to pay because

Additionally, they claimed that Zanjani had been arrested for embezzlement and that the money he paid to settle his debts could end up in the hands of the IRGC in violation of Canada’s Terrorism Financing Act.

They argued that following the Dubai court order meant paying money to terrorist groups.

In an October 28 ruling, the judge agreed, citing the Zarei case, in which an Ontario court found the IRGC missile attack on Ukraine Airlines Flight 752 to be an act of terrorism.

The judge said “the mere risk” that the funds could be used for terrorism was enough. is.”

Stewart.Bell@globalnews.ca

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