Ontario court ruled that Iran deliberately shot down flight PS752
The Ontario High Court found that Iran’s shooting down of flight PS752 under the Criminal Code was intentional and a terrorist act.
The Islamic Revolutionary Guard Corps (IRGC) shot down the Ukraine International Airlines flight with two surface-to-air missiles shortly after taking off from Tehran on January 8, 2020, killing all 176 passengers on board, including 55 Canadian citizens And 30 permanent residents.
Judge Edward Belobaba wrote in the decision issued on Thursday: “I discovered that the missile attack on Flight 752 was deliberate and directly caused the death of all personnel on board.”
“I further discovered that there was no armed conflict in the area at the time of the above-mentioned problems.”
Belobaba said that according to the State Immunity Act, the Terrorism Victims Justice Act and the Criminal Law, the plaintiff determined that the downing of the aircraft constituted a “terrorist activity”. The judge said that the plaintiff has the right to be liable for breach of contract.
The lawyer behind the lawsuit said in a press release that there will be another court hearing to determine compensation.
‘I am very happy’
Litigation lawyer Mark Arnold has always believed that the best way to obtain compensation for the bereavement of the victim’s relatives is to accuse the Iranian government of “performing terrorist acts”.
Arnold represents the plaintiff who lost children, nieces, spouses and nephews. Iran received the claim in the fall of 2020, but failed to defend itself and was defaulted on debts in December last year.
In a statement, Mark Arnold and attorney Jonah Arnold said: “The decision of the Supreme Court of Canada is unprecedented.” “This will have an impact on immediate surviving family members who will seek survival. It is of great significance.”
Habib Haghjoo lost his daughter Saharnaz Haghjoo and eight-year-old granddaughter Elsa Jadidi when PS752 was shot down.
Hacho said: “I am very happy and believe this is a very important step.”
Canada is about to negotiate with Iran
Foreign Minister Marc Garneau told members of Congress last week that Canada will soon negotiate with Iran on compensation for victims’ families??. The associations representing these families have repeatedly stated that they hope to get answers and justice before any discussion about compensation begins.
Garno said Canada will seek “total accountability” in the talks and said the Iranian government’s actions in the past 15 months are “frankly unreasonable.”
The victim’s family has been asking the government to list IRGC as a terrorist for a long time.
Gano said that Canada has identified a branch of the Islamic Revolutionary Guard Corps Quds Force as a terrorist. However, the families of the victims said that this was not enough because the Quds Army was not the branch aerospace force responsible for shooting down the aircraft. The Quds Force is responsible for operations outside Iran.
In June 2018, the House of Commons passed a motion by an overwhelming majority calling on the federal government to make changes. Since that vote, IRGC has not been classified as a terrorist entity.
The lawyers involved in the private litigation will hold a press conference on Friday.
Gano said last week that Canada will conduct forensic inspections on the destruction of the aircraft in the next few weeks.