Quebec Court rejects Bil'ins' (Palestine) claim against builders registered in Quebec

  Posted by Siriel Admin 2009 Oct 2 - 5:02pm 

   [Themes:  | Canada & Quebec | Israel | Palestine | •Crime of War | ::World Relations:: ]

Palestinian village’s Court Case is dismissed by Quebec Judge

Montreal, September 28th, 2009 (Canadians for Justice and Peace in the Middle East) – In his decision of September 18th, Judge Louis-Paul Cullen of the Superior Court of Quebec dismissed the case of the Palestinian village of Bil’in which had filed a lawsuit against Green Mount International Inc. and Green Park International Inc., two companies registered in Quebec and involved in the construction of Israeli settlements in the occupied West Bank. The judge based his argument on the legal exception of forum non conveniens, arguing that Quebec courts lacked jurisdiction to adjudicate, arguing that the case must be decided in Israeli courts.

In their hearing before the judge, the plaintiffs argued that Israel had unilaterally appropriate the lands of Bil’in to build settlements and called for complete cessation of construction projects undertaken by these two Quebec companies. They relied on various international legal instruments incorporated into domestic law of Canada. The suit also argued that the two companies should also be held accountable for furthering the illegal construction of settlements in occupied territory.

Many are disappointed by the decision of Judge Cullen. According to Mark Arnold, the Canadian lawyer representing the interests of Bil’in residents, the analysis made by Judge Cullen completely misses several key facts. For example, neither the plaintiff, Bil’in (a Palestinian village) nor the defendants, Green Mount International Inc. and Green Park International Inc. (Canadian companies) could come under the jurisdiction of an Israeli court in a case which has to determine whether violations of international humanitarian law are committed in the construction of settlements in the West Bank.

Canadians for Justice and Peace in the Middle East (CJPME) continues to give its support for the application of international law in the Middle East. “We hope this decision of the Superior Court of Quebec will not discourage those who struggle daily to stop violations of international law in the occupied Palestinian territories, including the construction of Israeli settlements into occupied Palestinian territory,” says Tom Woodley, the President of CJPME. “We still hope that the Canadian legal system will send a clear message to Canadian companies: that supporting illegal activities overseas is unacceptable.”

The village of Bil’in is actively considering the possibility of an appeal to the Quebec Court of Appeal.

 

For more information, please contact:
Grace Batchoun
Canadians for Justice and Peace in the Middle East
(514) 745-8491 / grace.batchoun[ar]cjpme.org

www.cjpmo.org