Canadian companies face legal action for settlement building in Palestine

7 posts / 0 new

Mon, 2009-06-22 18:03

Unionist

The rabble piece is [url=http://rabble.ca/news/2009/06/canadian-companies-face-legal-action-settl....

There was also a rabble audio report [url=http://rabble.ca/podcasts/shows/redeye/palestinian-village-resists-israe....

And the court hearing started [url=http://www.cbc.ca/canada/story/2009/06/22/quebec-palestinian-lawsuit235....

Quote:

The village's [Bil'in's] claim was filed July 9, 2008, against sister companies Green Park International and Green Mount International. It asks the Quebec Superior Court for an injunction to stop further construction and demolish apartment buildings already erected in Moddin Illit, a Jewish settlement northwest of Ramallah.

It alleges that both companies illegally built buildings and roads in the settlement, which was part of the Palestinian village until Israel seized the West Bank from Jordanian control in the Six-Day War in 1967. That seized land is subject to international law, which the construction violates, the lawsuit claims.

The lawsuit asks the court to rule whether the construction represents a violation on several fronts: the Fourth Geneva Convention, which deals with the protection of civilians in times of war and occupation; Canada's Crimes Against Humanity and War Crimes; the Quebec Charter of Human Rights and Freedoms; and the Civil Code of Quebec.

Wed, 2009-09-23 06:54

Unionist

Bad news. Bil'in's claim has been dismissed:

[url=http://www.montrealgazette.com/news/Palestinian+village+file+suit+Quebec... village can't file suit in Québec: judge[/color][/url]

Quote:
Israel's High Court of Justice "is the logical forum and the authority in a better position to decide," Cullen ruled.

Sure it is. What a cynical farce. Meanwhile, justice continues in Bil'in:

[url=http://palsolidarity.org/2009/09/8481][color=red]Israeli forces continue arrest and intimidation campaign with Bil’in night raids[/color][/url]

Wed, 2009-09-23 15:08

M. Spector M. Spector's picture

I'm sorry to hear that, but not surprised. Canadian common-law courts have been traditionally reluctant to hear private law ("civil") claims brought by foreigners against companies domiciled in Canada for actions taken on foreign soil, and I suspect that Quebec law is along similar lines. Still, I'd like to see the court's reasons.

[url=http://www.rabble.ca/babble/international-news-and-politics/israeli-forc... thread[/url]

Wed, 2009-09-23 15:29

Unionist

M. Spector wrote:

Still, I'd like to see the court's reasons.

With pleasure:

[url=http://www.jugements.qc.ca/php/decision.php?liste=39887605&doc=0FB6ADF4D...'s reasons[/color][/url]

Wed, 2009-09-23 15:36

M. Spector M. Spector's picture

Wow! in English, yet!

Thank you.

Wed, 2009-09-23 15:53

Unionist

M. Spector wrote:

Wow! in English, yet!

Well, that's questionable - see for example the failure to spell-check in para [6].

Anyway, I'm too pissed off to read all this right now, so if you would be so kind to provide us with an informed summary/opinion, it would be greatly appreciated. [i]Pro bono[/i], of course...

Wed, 2009-09-23 16:26

M. Spector M. Spector's picture

It's very dense, complex, and closely-argued. I've skimmed it, and I'm reluctant to spend a lot more time examining it in detail. But I would not recommend an appeal.