Question Period Note: Arms Export Permits for Items Destined to Israel

Recent developments may raise questions over whether arms exports from Canada could be used in the war in Gaza.

• Since January 8th, 2024, Canada has not approved any permits for items to Israel that could be used in the current conflict in Gaza.
• Canada has also suspended export permits previously issued that could be used in that conflict.
• All export permit applications for controlled items are reviewed on a case-by-case basis under Canada’s robust risk assessment framework, including against the Arms Trade Treaty criteria, which are enshrined in Canada’s Export and Import Permits Act (EIPA).
• All export permit applications for controlled items are reviewed on a case-by-case basis under Canada’s robust risk assessment framework, including against the Arms Trade Treaty criteria, which are enshrined in Canada’s Export and Import Permits Act (EIPA).

Legal framework: Under Canada's Export and Import Permit Act (EIPA), the Minister shall not issue a permit for the export or brokering of arms and munitions from Canada if they consider that there is a substantial risk that they could be used to commit or facilitate serious violations of international humanitarian/human rights law or other harmful outcomes (e.g., violence against women and children).

Recent developments: On May 19, 2025, Canada issued a joint statement alongside the U.K. and France which called on Israel to stop its military operations in Gaza and immediately allow humanitarian aid to enter Gaza. This statement noted that that these activities risk of breach of international humanitarian law. This followed a series of statements and actions expressing concern, urging restraint and calling for ceasefire.

Permit denials and suspensions: Canada has not approved any permits for items to Israel that could be used in the current conflict in Gaza since January 8th, 2024. Canada also over the course of 2024 suspended 34 export permits previously issued for items that could have been used in that conflict.

These suspensions are in line with Canada's robust export controls regime and will allow time to further assess the situation to ensure consistency with Canada's foreign policy objectives. Suspensions are not irreversible, and permits could be reinstated or amended with terms and conditions once an assessment is completed.

Matters before the courts: On March 5, 2024, an application for judicial review was filed challenging the lawfulness of export permits approved by the Minister of Foreign Affairs under the EIPA for the export of military goods and technology to Israel issued on or after October 9, 2023, or issued prior but remain valid on or after that date. A claim was also filed on November 5, 2024; while this claim is broader in scope than the aforementioned judicial review, it does also challenge the lawfulness of export permits previously approved but not suspended by the Minister of Foreign Affairs.

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