Seeking Justice and Closure for Canadian-Iranians

People hold signs with images of the victims of the downed Ukraine International Airlines flight PS752, which was shot down near Tehran by Iran's Revolutionary Guard, as family and friends gather to take part in a march to mark the first anniversary, in Toronto, Ontario, Canada, on Jan. 8, 2021. Canada and other nations whose citizens died in Iran's downing of a Ukrainian jetliner on Jan. 8, 2020, called on Tehran to come clean about the tragedy and "deliver justice" for the victims' families. - COLE BURSTON/AFP via Getty Images

"I think Canada should take steps. We make a mistake if we fall into this trap of thinking we must exercise a sort of self-censorship."

"We need to take a principled stand. Canadians have been essentially murdered by this regime [Iranian Islamist theocracy]."

Aurel Brain, professor of international relations, Middle East expert, University of Toronto

"We don't expect justice from the Iranian regime. But we expect the government of Canada to protect its own citizens and to be much more effective."

"Now the ball is with the Liberal government."

Ali Gorji, Iranian-Canadian

"This verdict has no basis and does not consist of any objective reasoning or documentation."

"This behaviour of the Canadian judge, by following orders and political cliches, is shameful for a country which claims to follow the rule of law."

Iranian Foreign Ministry spokesperson, Saeed Khatibzadeh

"We have to hold Iran accountable for its actions. Being passive in the face of these threats only further emboldens the Iranian regime", Michael Chong foreign-affairs critic for the federal Conservatives pointed out reasonably, of the newly-released Ontario court's ruling that the Islamic Republic of Iran is responsible for the deliberate shooting down of a Ukrainian airliner -- where half of the passengers were Canadians and others were travelling to Canada on visas or to resume their academic studies -- as an act of pure terrorism.

The court's decision, points out Member of Parliament Chong, validates the Parliamentary opposition Conservative Party's long-standing position calling on the government to list the entire Islamic Revolutionary Guard Corps as a terrorist organization. Representing a quarter of a million military personnel, part of the Iranian military, that is highly politicized and well known for its al Quds branch focus on fostering terrorist groups in service to the terrorist ideology of the Republic.

While the Quds branch is a listed terrorist group in Canada, the position is that the entire IRGC should be included. the Canadian House of Commons passed a 2018 motion calling for the entire corps to be listed, but the Liberal-led government has seen fit to just sit on the motion. This government has been more interested in re-establishing diplomatic relations with Iran that were severed by the previous Canadian government that had no problem identifying Iran for what it is; a terrorist-sponsoring nation.

Justice Edward Belobaba of Ontario's Superior Court ruled in mid-May that Iran had deliberately targeted and shot down Ukrainian International Airlines Flight PS752, an act that makes the Iranian theocracy liable under the provisions of the Justice for Victims of Terrorism Act. There were high tensions in play on January 8, 2020 between Iran and the U.S. when the plane was shot down. Iran claims the passenger jet was mistaken for an incoming American missile headed for Tehran.

 

The problem with that neat little explanation is that the plane on lift-off was heading OUT of Tehran, not entering it. One missile is a dreadful error; two missiles, a deliberate attack. None of which answers the question that if Iran was so nervous about its tensions with the U.S. anticipating missiles entering its airspace, why would it allow commercial flights to continue? There were a number of flights earlier in the day, none of them experiencing problems. This flight was different.

 

 A forensic investigation team was tasked to probe the event, its report in its final stages to be shortly made public. "Canada remains deeply concerned about the lack of convincing information and evidence provided by Iran.We will not rest until the families [whose loved ones lost their lives in the plane shoot-down] get the justice and accountability they deserve", stated John Babcock, a spokesman for the Department of Foreign Affairs Canada.

The decision the Ontario Supreme Court arrived at is in relation to a lawsuit filed against Iran on behalf of relatives of those who perished on that ill-fated plane, but it has no direct bearing on government affairs, unless government decides to use it in a full-scale government-to-government push for justice and compensation for the families involved, from the Republic of Iran. Of the 176 passengers and crew aboard the plane, 55 were Canadian citizens, 30 permanent residents, and 53 were students studying in Canada.

"The plaintiffs have established that the shooting down of Flight 752 by the defendants was an act of terrorism and constitutes 'terrorist activity'..."
"I find on a balance of probabilities that the missile attacks on Flight 752 were intentional and directly caused the deaths of all onboard."
Ontario Superior Court Justice Edward Belobaba 

 

"Considering the TOR-M1 advanced military capabilities, two radars and control system, pre-approved flight plans and control of the airspace resting with the IRGC, and the firing of not one, but two missiles, it is not possible for two missiles to be fired by mistake as the IRGC claims."

"There are multiple redundant systems and procedures to prevent accidental shooting of civilian aircraft."

Dr. Bahman Jeldi, Iranian analyst, Canadian Center for Persian Studies  

 

"It is my hope that this decision does not prevent Canada's government from pursuing this case in international fora like the International Court of Justice.

"And I hope such a court wouldn't view this case as a replacement for an international judgment that finds Iran responsible for the killing of 176 innocent people."

Kaveh Shahrooz, lawyer, human rights activist

On Jan. 8, 2020, Iran's Islamic Revolutionary Guard Corps shot down Ukraine International Airlines Flight 752 in the skies over Tehran with two surface-to-air missiles, killing all 176 people aboard, including 138 with ties to Canada. (Ebrahim Noroozi/Associated Press)