Minister of Foreign Affairs appearance before the Standing Committee on Transport, Infrastructure, and Communities (TRAN) on the Government’s Response to PS752 – Briefing material

2021-05-13

Table of contents

• Committee overview
1. Scenario note
2. Opening statement
3. Biographies – Standing Committee on Transport, Infrastructure and Communities
4. Parliamentary scan
5. Question Period monitoring
• Issues notes
  6. Appointment of an independent legal team
  7. Canada-Iran relations
  8. Canada’s sanctions regime
  9. Commemoration – physical tribute and scholarships
  10. Consular response to PS752
  11. Forensic Team report
  12. ICAO - Iran permanent representative
  13. International Coordination and Response Group
  14. International Court of Justice
  15. Iran’s final safety report
  16. IRGC - listing as a terrorist entity
  17. Launch of Canadian Criminal Investigation
  18. Multilateral engagement
  19. Pathway to justice and accountability
  20. Support for PS752 families
• Annex
  21. Timeline of Government Response

Appearance before the Special Committee on Transport, Infrastructure and Communities (TRAN) May 13, 2021

Meeting scenario

• You will be appearing virtually before the Standing Committee on Transport, Infrastructure and Communities (TRAN) on the topic of Canada’s response to the downing of Ukraine International Airlines Flight 752.
• Your appearance will last for one hour (3:30-4:30pm) and you will appear with Minister Alghabra. Officials from GAC, PCO and Transport Canada will be appearing virtually to support you.
• You and Minister Alghabra will each make opening remarks of five minutes (Tab B), followed by questions from committee members.
• During the second hour of the appearance (4:30-5:30pm), officials from GAC, PCO and Transport Canada will remain as witnesses to answer questions.
• On March 23 2021, the committee moved to undertake a study of no less than three meetings on the government’s response to the Ukraine International Airlines Flight 752 tragedy and that the committee report its findings and recommendations to the House.
• Your appearance before TRAN will be the first of these three meetings. The final two meetings have been deferred to June, 2021 (exact dates TBC).
• Committee members can be expected to ask questions on the following topics: Canada’s forthcoming forensic report; Canada's engagement with Iran, specifically relating to the investigation; potential application of sanctions on Iranian nationals; the Safer Skies Initiative.
• The following officials will be supporting you virtually during the appearance and may be called on to respond to questions:
  • Global Affairs Canada
    • Sandra McCardell, Assistant Deputy Minister, Europe, Arctic, Middle East & Maghreb
    • Michelle Cameron, Head, PS752 Task Force
    • Brian Szwarc, Director General, Consular Operations
  • PCO
    • Jeff Yaworski, Senior Advisor, Office of the National Security and Intelligence Advisor to the Prime Minister
  • Transport Canada
    • Michael Keenan, Deputy Minister, Transport Canada
    • Kevin Brosseau, Assistant Deputy Minister, Transport Canada
    • John Velho, Director General, Transport Canada

Committee membership and interests

• Committee Members (see Tab C for full biographies) are as follows:
  • Liberals :
    • Vance Badawey– Chair
    • Fayçal El-Khoury
    • Angelo Iacono
    • Helena Jaczek
    • Soraya Martinez Ferrada
    • Churence Rogers
  • NDP :
    • Taylor Bachrach
  • Conservatives :
    • Stephanie Kusie – Vice Chair
    • Michael Kram
    • Doug Shipley
    • Gerald Soroka
  • Bloc Québeçois :
    • Xavier Barsalou-Duval –Vice Chair
• The topic of PS752 has not been discussed substantively at TRAN to date.
• However, there has been extensive debate in the House of Commons and ther parliamentary committees surrounding PS752. A full parliamentary scan is included in Tab D, but broad areas of interest include:
  • Conservatives – the Islamic Revolutionary Guard Corps as a terrorist entity, Magnitsky sanctions on Iranian officials who refused cooperation with the investigation, compensation from the Iranian regime to families of victims, Iran’s persecution of the Baha’i faith, reopening the embassy in Tehran.
  • Bloc Quebecois – compensation for families of victims, diplomacy and lasting peace in the Middle East.
  • NDP – impact/loss on the broader Canada’s Iranian community and the pursuit of justice for victim’s families
  • Liberals – Iran’s broader human rights record and international human rights obligations, and interaction with families of victims of flight 752.

Committee work

• Other topics studied by TRAN recently include infrastructure spending, main estimates, Canadian infrastructure bank, and rail safety.

Remarks - The Honourable Marc Garneau Minister of Foreign Affairs of Canada - Appearance at the Standing Committee on Transport, Infrastructure and Communities - PS752 - May 13, 2021

Thank you for the opportunity to appear before committee today. I am happy to be back, this time as Minister of Foreign Affairs.

Introduction

All Canadians remember January 8, 2020.

We remember our feelings of devastation from the tragedy. We remember our grief over the incredible lives lost. And we remember our sense of shock and disbelief when the Prime Minister announced that PS752 had been shot down by Iranian surface-to-air missiles.

The downing of Flight PS752 is a truly Canadian tragedy.

Let me begin by reiterating my deep condolences to the families for their loss. I have had the opportunity to speak with families a number of times over the past year. Each encounter is a painful reminder of their heartbreaking loss. The stories and incredible lives of their loved ones touched so many of us.

They will be remembered.

Initial response – a focus on supporting families and loved ones

From the beginning, our government has been focused on providing families and loved ones with the support that they needed.

Global Affairs’ consular team worked around the clock to deliver exceptional services, and deployed a team to Iran to provide immediate local assistance to families. Officials worked to respect the wishes of the families to repatriate their loved ones, and brought in Farsi speakers to translate documents and answer questions. Counselling services, legal advice and expedited banking support was all arranged for families free of charge. Visas were facilitated to enable relatives to travel to Canada to settle affairs, and to support surviving family members, with all fees waived. RCMP coordinated local police across the country to offer continuing support to all family members. To reduce the immediate financial burden as families dealt with the loss of their loved ones, $25,000 per victim was made available to families for emergency costs, Canada matched private donations to the Canada Strong campaign, and talks were opened with the airlines to ensure prompt compensation as required by law.

Our support to the families continues to this day, with regular communication with families. In December the Prime Minister designated January 8 of each year as the National Day of Remembrance for Victims of Air Disasters. We are offering a pathway to permanent residence to family members, establishing scholarships in memory of those lost on PS752, and will establish a physical tribute in remembrance of air disasters.

Initial response – international and investigation

From that very first day the Prime Minister was also absolutely clear. Canadians and the families have questions, and they deserve answers from Iran.

We knew that getting a full accounting of the causes of this tragedy from Iran was going to be a long and difficult process. Only Iran has full access to the evidence, the crash site, witnesses, and those ultimately responsible. Iran’s initial denials of responsibility, and their lack of transparency since, has not inspired confidence.

We demanded of Iran directly, a thorough and transparent investigation into the shoot-down, and continue to voice this demand publicly in the media and in international fora. Canada founded the PS752 International Coordination and Response Group to bring the voices and efforts of all grieving nations together. We have repeatedly raised PS752 at the ICAO Council, the UN General Assembly, the UN Human Rights Council, and at the G7.

Answers from Iran

In March 2020 our government appointed the Honourable Ralph Goodale as the Prime Minister’s Special Advisor on PS752 and in December 2020 he delivered his report. In it, Special Advisor Goodale asked 23 groups of critical questions that we expected Iran to answer. Despite Iran’s final report, released in March 2021, 14 months after the downing, we are still without a complete accounting of the events that led to this disaster.

We knew that we could not trust Iran to produce these answers. This is why we stood up the Canadian Forensic Examination and Assessment Team. We await their final analysis, but we fully expect a transparent account of what Canada knows and an assessment of Iran’s final report, including what questions remain outstanding.

Next Steps

We are now entering into the process of negotiations with Iran to ensure they make full reparations, which includes a transparent accounting of the true causes of this tragedy, as well as compensations. Iran must do so to the satisfaction of Canada and our Coordination Group partners and in accordance with international law.

This will be a long and difficult road. We enter this process with eyes wide open. Our focus will be on getting answers backed with credible evidence from Iran, first and foremost, for the victims and their grieving families. We will also ensure that we receive assurances, in concrete terms, that measures have been put in place to prevent that such a tragedy occurring in the future.

Throughout this process we will continue to keep the world’s attention on this issue. We will raise it at every appropriate multilateral venue. Our resolve will not fade.

And we will never forget. This is our solemn promise to the families of the victims, and indeed all Canadians.

I look forward to your questions.

Biographies – Standing Committee on Transport, Infrastructure and Communities 

Vance Badawey, LPC (Niagara Centre, Ontario), Chair of the Committee

Vance Badawey was first elected as Member of Parliament on October 19, 2015 for the riding of Niagara Centre. Mr. Badawey began his career in public service as a City Councillor for the City of Port Colborne in 1994. He thereafter was elected as Mayor of Port Colborne in 1997. In 2006 he was re-elected to the office of Mayor in Port Colborne and Regional Councillor for the Regional Municipality of Niagara.

As the Member of Parliament for Niagara Centre, MP Badawey has collaborated with several parliamentary caucuses, including the Indigenous, Horseshoe, Rural and Steel caucuses.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised since the 43rd Canadian general election:

• Climate change
• Investments in public transit
• Voiced support for the ECCC Great Lakes Protection Initiative

Issues of interest:

• Rail Safety
• Transportation infrastructure investments
• Level crossing
• Oversight mechanisms
• Maintenance, repair and replacement of VIA Rail’s fleet
• CTA Review – Long-term agenda for the future of transportation in Canada
• National strategy on transportation and logistics (intermodal connections)

Stephanie Kusie, CPC (Calgary Midnapore, Alberta), Conservative critic for Transport

MP Kusie was born and raised in Calgary. She studied at the University of Calgary, where she earned a degree in political science. She later obtained a Master’s in Business Administration from Rutgers University.

Prior to becoming a Member of Parliament, MP Kusie held various foreign policy posts, from 2006 to 2013. She thereafter served as a policy advisor for then-Minister of State for Foreign Affairs for the Americas, Peter Kent, in 2009.

MP Kusie was elected in 2017 in the riding of Calgary Midnapore. Since becoming a Member of Parliament, MP Kusie has held multiple critics portfolio, including Shadow Minister for Democratic Institutions, Families Children and Social Development and as Deputy Shadow Minister for Health.

Member of the following Committee(s):

• Vice-Chair, Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised during the 42nd Parliament:

• Expansion of Canada’s energy sector
• Opposition to the Oil Tanker Moratorium Act

TC-related topics raised since the 43rd Canadian general election:

• Post-pandemic economic recovery

Xavier Barsalou Duval, BQ (Pierre-Boucher – Les Patriotes – Verchères, Québec), Bloc Critic for Transport, Infrastructure and Communities

Mr. Barsalou Duval was first elected on October 19, 2015. He has a Master’s in Business Administration (MBA) and a Bachelor’s Degree in accounting. Prior to his political career, he taught accounting at the college level and working several years in Cabinet as the accounting auditor. Mr. Barsalou Duval has been highly implicated in his local Bloc Québecois and Parti Québecois riding associations since he was eighteen years old. He thereafter became President of the Forum Jeunesse of the Bloc Québecois, a position he held from 2012 to 2015. In his career, he has also been very active in the Mouvement Montréal français and in the Société Saint-Jean-Baptiste de Montréal.

During the 42nd Parliament, MP Barsalou Duval was the critic for the Economic Development, Government Operations, National Revenue and Public Accounts. In the aftermath of the 43rd Canadian federal election, MP Barsalou Duval was appointed as parliamentary critic for the transport, infrastructure and communities portfolio.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised during the 42nd Parliament:

• Rail disaster at Lac-Mégantic in 2013;
• Safety Management System regulations;
• Amendments to the List of Prohibited Items on aircrafts; and
• Shoreline Protection Program

TC-related topics raised since the 43rd Canadian general election:

• Opposition to the idea of an “energy corridor” and the Trans Mountain Pipeline Expansion
• Electrification of the transportation sector
• Opposition to Air Canada’s proposal to acquire Air Transat

Taylor Bachrach, NDP (Skeena – Bulkley Valley, British Columbia), NDP Critic for Infrastructure and Communities

In 2008, Mr. Bachrach was elected to the Telkwa Town Council. After moving to Smithers in 2011, he was elected mayor and thereafter won re-election twice.

Mr. Bachrach was first elected to the House of Commons in the 43rd Canadian general election.

Outside of his political life, Mr. Bachrach is the owner of Bachrach Communications, a media consultancy firm in Smithers. Since 2018, he has also served as the President of the Go By Bike BC organization, a cycling advocacy group.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised since the 43rd Canadian general election:

• Environmental policy;
• Importance of rivers in the northwest (Statement on World Rivers Day)
• Enshrining UNDRIP into federal law
• Supportive of EV fast charging infrastructure

TC-related topics raised during his career:

• Modernization of the Smithers Airport Terminal;
• Bus service connecting communities along the Highway of Tears

Fayçal El-Khoury, LPC (Laval – Les Îles, Quebec)

Mr. Fayçal El-Khoury obtained a degree in civil engineering from Concordia University. Thereafter, Mr. El-Khoury established a construction company in Laval.

From 2005 to 2015 Mr. El-Khoury worked as a consultant specializing in business relations with the Middle East.

Faycal El-Khoury is a Member of Parliament for the Liberal Party. He was first elected in the 2015 federal election, with 47.7% of the vote. Mr. El-Khoury holds a diploma in Engineering from the Concordia University.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised during the 42nd Parliament:

• Investments in public transit
• Support for Transport Canada’s ZEV program

Angelo Iacono, LPC (Alfred – Pellan, Quebec)

Politician, attorney, public servant and humanitarian. Previously candidate in the 2011 general election and firstly elected in

October 19, 2015.

Angelo graduated with a B.A. in Political Science from McGill University, completed his studies in civil law at UQAM and obtained his Juris Doctor from Ottawa University, which led to his certification from the Upper Canada Law Society. In search of new horizons, Angelo obtained a certificate from the European Union & its Institutions at the Law Faculty of Lyon (France).

Member of the following Committee(s):

• Standing Committee on Transportation, Infrastructure and Communities
• Standing Joint Committee on the Library of Parliament
• Canada-Italy Interparliamentary Group
• Canada-Japan Inter-Parliamentary Group

TC-related topics raised:

• Port of Montreal Operations Act, 2021
• Zero emission vehicles

Other Issues of Interest:

• Senior citizens
• Families and children
• Small and medium-sized enterprises
• Rail Safety
• Locomotive Voice Recorders
• VIA Rail – Replacement of Fleet
• Air Canada Public Participation Act and Competitiveness of Airline Industry

Helena Jaczek, LPC (Markham – Stouffville, Ontario)

Helena Jaczek studied at the University of Toronto and obtained a medical degree and Masters of Health Science from the institution. Thereafter, she obtained a Masters of Business Administration from York University.

In her professional career, Ms. Jaczek occupied a variety of positions in the healthcare sector, such as general practice at the Women’s College Hospital and as Chief Medical Officer of health in York Region.

In 2007, Ms. Jaczek was elected in Ontario’s provincial legislature, where she would go on to serve in several capacities. These included positions such as Committee membership, as a Parliamentary Assistant to Ministers and, later, as Minister. In 2019, she was elected to the House of Commons as the Member of Parliament for the riding of Markham – Stouffville.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised since the 43rd Canadian general election:

• Expressed support for continued federal infrastructure investments

Michael Kram, CPC (Regina – Wascana, Saskatchewan), Conservative

MP Kram was born and raised in Regina, Saskatchewan. He attended the University of Regina, where he obtained a Bachelor of Science Degree majoring in Computer Science and a Bachelor of Arts Degree majoring in Economics. He also studied Economics at Carleton University in Ottawa.

Prior to his entry in politics, Mr. Kram worked for 20 years in the information technology sector. Specifically, he worked as a programmer/analyst with Paradigm Consulting, where he worked on projects for private sector entities, provincial governments and for the federal government.

MP Kram was first elected Member of Parliament for the riding of Regina-Wascana during the 43rd Canadian federal election. Prior to his appointment to the Standing Committee on Transport, Infrastructure and Communities, MP Kram served as the Conservative Party’s Deputy Critic for International Trade.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised during his career:

• Supportive for more pipelines
• North American Free Trade Agreement (NAFTA)
• Pandemic – Get the resource sector back to work

Soraya Martinez Ferrada, LPC (Hochelaga, Quebec), Parliamentary Secretary to the Minister of Transport

Soraya Martinez Ferrada was first elected as the Member of Parliament for Hochelaga in 2019.

A resident of the east end of Montréal since she came to Canada in 1980, Ms. Martinez Ferrada has deep roots in the community.

For over 20 years, she has gained experience in communications and project development through her involvement in community, cultural, and political action. She created the very first cultural and socio-professional integration program at TOHU, a unique example of sustainable development in Montréal.

Ms. Martinez Ferrada was involved in municipal politics for more than 10 years. In 2005, she was elected as a city councillor for Saint-Michel and was appointed to the Executive Committee as the Associate Advisor for Culture. From 2015 to 2018, she served as Chief of Staff and senior advisor to the Minister of Canadian Heritage.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities
• Standing Committee on Official Languages
• Canadian Section of ParlAmericas

Churence Rogers, LPC (Bonavista – Burin – Trinity, Newfoundland and Labrador)

Mr. Rogers is the Liberal Member of Parliament for the riding of Bonavista – Burin – Trinity. He was first elected in a by-election that was held on December 11, 2017. Mr. Rogers was elected with 69.2% of the vote.

Before entering federal politics, Mr. Churence Rogers served as the Mayor of Centreville-Wareham-Trinity and as president of the Newfoundland and Labrador Federation of Municipalities.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised during the 42nd Parliament:

• Transportation logistics in eastern Canada
• Seat belt regulations
• Ferry rates by Marine Atlantic Inc.

Doug Shipley, CPC (Barrie—Springwater—Oro-Medonte, Ontario), Conservative

As a long-time Barrie resident, Mr. Shipley was elected to Barrie city council for Ward 3 in 2010. He has since won re-election with overwhelming majorities in both 2014 and 2018 municipal elections.

While serving as a city councilor Mr. Shipley was a contributing member on many municipal committees including Chair of Finance and Corporate Services Committee, Chair of Infrastructure, Investment and Development Services Committee, Vice Chair Barrie Police Services Board and Barrie and Area Physician Recruitment Task Force.

MP Shipley has been selected to serve on the Standing Committee for Public Safety and National Security until August 2020. He has also been selected to serve as Conservative Deputy Shadow Critic for Infrastructure and Communities in September 2020.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

Gerald Soroka, CPC (Yellowhead, Alberta), Conservative

MP Soroka, a proud resident of Yellowhead riding comes from a long line of farmers and has farmed for the majority of his life.

Prior to his entry in politics, Mr.Soroka has always had a strong interest in serving his community and working to solve problems that face his fellow residents. To this end, he took on posts as Vice- President and President of West Central Forage as well as Vice-President of the Alberta Forage Council.

Looking to solve problems at a larger scale, Gerald went on to serve as a Division one Councillor and Mayor of Yellowhead County before making the jump to federal politics. During his time as Mayor, he was also elected as Vice President of the Alberta Association of Municipal Districts and Counties (Now RMA) from 2008 to 2010.

On December 20, 2019, MP Soroka was named as the Deputy Shadow Minister of Natural Resources (Forestry and Mining) and appointed to the Standing Committee on Agriculture and Agri-Food committee from February 2020 to August 2020.

Member of the following Committee(s):

• Standing Committee on Transport, Infrastructure and Communities

TC-related topics raised during his career:

• In favor of eliminating the use of foreign oil in Canada
• Western farmers; carbon tax

Analysis of Ukraine International Airlines Flight 752 in Parliament, 2019 – Present

Parliamentary Landscape:

The downing of flight PS752 and the Government of Canada response has received significant attention from parliamentarians from all parties during both sessions of the 43rd Parliament.

Parliamentarians from all parties have generally been aligned on this issue; given the enormity of the tragedy and the significant loss of Canadian lives, there has been widespread support from parliamentarians in holding Iran accountable for the tragedy. Additionally, there has been general consensus from parliamentarians from all parties urging the government to seek full transparency, accountability, compensation and justice for the families of the victims. Cross-party support has remained consistent.

Several actions of recognition have been undertaken in the House of Commons. The House observed a moment of silence in memory of the flight PS752 victims on January 27, 2020, and the leaders of the five recognized parties delivered statements on the tragedy. The former Minister of Foreign Affairs, Francois-Philippe Champagne introduced a unanimous consent motion, which was adopted on the same day. It stated Canada will, “continue to support the families of the victims, hold Iran accountable for its actions and work with the international community to that end.” On June 17, 2020, while serving as Transport Minister, you introduced a second unanimous consent motion, which was subsequently adopted. It called for several actions including: “standing in solidarity with the families of the victims in the pursuit of transparency, accountability and justice; supporting the launch of the Safer Skies initiative; and implementing the appropriate means of honouring and commemorating the precious lives lost.”

Positions of Parties

During the 43rd Parliament, the Conservative Party of Canada (CPC) have positioned themselves as the party who would strongly defend democracy, rule of law, justice, and human rights, while taking a tough stance against countries like Iran and China. CPC MPs have called for Iran to allow an independent investigation to take place. On January 29, 2020, MP Kerry Diotte stated, “Iranian authorities must be transparent and fully co-operate with independent agencies investigating this horrific event. Families also deserve that the remains of their loved ones are allowed to be repatriated to Canada as soon as possible.” On January 7, 2021, the one-year anniversary of the plane crash, Conservative Foreign Affairs Critic MP Michael Chong called on the government to impose Magnitsky sanctions on those responsible in the Iranian regime if they failed to cooperate with the investigation being undertaken by independent agencies, adding, “there must be justice for the victims and their families.” The current study undertaken by the Standing Committee on Transport was initiated by MP Stephanie Kusie. When moving the motion she stated, “Given the activity that took place last week, with the Iranian government issuing...their civil aviation authority blaming human error, and the dismissal of this information by both the transport minister and the foreign affairs minister, I certainly think we owe it to the victims' families, as well as to our beliefs here in Canada of justice, human rights, the rule of law, democracy...to undertake this study.”

The Bloc Quebecois (BQ), New Democratic Party (NDP), and Green Party have been less vocal than the CPC, but have shown support for initiatives which would support the families of the victims. In a statement made in the House of Commons following the plane crash, BQ Leader Yves-Francois Blanchet committed to supporting the efforts of the Minister of Foreign Affairs in seeking justice for the victims and their families. On January 7, 2021, the one-year anniversary of the tragedy, the NDP issued a statement calling for an impartial process to seek answers for the families of the victims, adding that Iran must accept an impartial process and allow a proper investigation to take place. On January 27, 2020, then-Green Party leader Elizabeth May called on Parliament to focus on justice for the affected families, to stand in solidarity and to extend every support possible.

Potential lines of questioning:

1. Relations with Iran:

It is expected that both the CPC and NDP will question Canada’s relationship with Iran in the context of the study at the Standing Committee on Transport, Infrastructure and Communities (TRAN). If this occurs, CPC are expected to argue the downing of PS752 is reason to keep relations between Canada and Iran severed, while the NDP may argue the investigation into the PS752 tragedy would be better accomplished if bilateral relations are established between Canada and Iran.

Canada’s relations with Iran have been a point of interest for Conservative parliamentarians over the last several years. During the 2019 election, the CPC consistently opposed relations with Iran. Additionally, then CPC leader, Andrew Scheer, committed to designating the IRGC a terrorist organization if elected. In 2018, the CPC introduced a motion condemning Iran and urging the government to continue keeping diplomatic relations severed. The CPC opposed the Iran Nuclear Deal (JCPOA) and criticized the government for adhering to the agreement and lifting Canada’s sanctions on Iran after the JCPOA was signed. Most recently, CPC MP Garnett Genuis raised concerns regarding Iran’s election to the United Nations (UN) Commission on the Status of Women, and CPC MP Peter Kent noted that, “the Liberals once again have failed Canadians, failing to fully ban Iran’s Islamic Revolutionary Guard Corps.” Additionally, concerns about clandestine foreign influence operations on behalf of Iran have been raised at the Standing Committee on Public Safety (SECU).

In direct opposition to the CPC, the NDP has consistently supported the re-establishment of relations with Iran. The NDP supported the Iran Nuclear Deal and were the only party to vote against the CPC motion calling on the government to abandon bilateral relations with Iran. Jagmeet Singh, the leader of the NDP, supported the re-opening of the Iranian embassy in Ottawa and Canadian embassy in Tehran. Generally, the NDP believes that Canadian interests are best served by a foreign policy based on human rights, multilateralism, and the forwarding of peace and security. Additionally, the NDP believes the first step in improving relations between Canada and Iran is the resumption of diplomatic relations so dialogue and engagement between the two countries can take place, and so Canadian and Iranian citizens can receive consular support from their respective governments.

2. Ensuring Iran’s compliance with an investigation:

All parties are concerned about Iran’s compliance with a non-biased investigation into the PS752 tragedy. It is expected committee members will ask you how the Government will ensure a thorough and transparent investigation takes place.

3. Speed of the investigation/working with international partners:

During the 43rd Parliament, opposition parties have consistently argued that the Government of Canada has not taken strong enough actions condemning human rights abuses nor has the government taken a hard line with Iran.

In general, opposition parties have noted that actions taken have not been in step with those taken by international partners. There have also been questions raise about whether Canada is engaging enough with international partners. It is possible that opposition parliamentarians will question whether the government has utilized all possible avenues to ensure the investigation into the PS752 tragedy is completed in a timely manner.

Question Period monitoring

Issues notes

Appointment of an independent legal team

• Canada has carefully considered the request from the Association of Families of Flight PS752 Victims regarding the creation of an independent legal team.
• I understand my predecessor expressed his concerns with the feasibility of the proposal that was put forward by the Association during his last video call with the group of families.
• There is an internal process ongoing to finalize a study of this proposal; however, I am committed to being as transparent as possible and expect will be able to soon inform the Association of our decision.

Background

• On December 13, 2020, the Association of Families of Flight PS752 Victims sent a letter to Minister Champagne and Special Advisor Goodale, setting out a formal proposal with respect to the formation of an independent, three-member legal committee to work solely on the case of flight PS752.
• During the December 14, 2020 call between Minister Champagne and the families, he expressed his concerns with the feasibility of this request, indicating that the legal team was both dedicated and experienced. However, he did not make a formal decision.

[REDACTED]

Canada-Iran relations

• Canada has limited diplomatic relations with Iran, governed by a Controlled Engagement Policy (CEP); current bilateral engagement is focused on resolving issues related to Iran’s downing of PS752.
• Canada seeks to preserve the Joint Comprehensive Plan of Action (JCPOA). When fully implemented, it is the best way to restrict Iran’s ability to attain a nuclear weapon; this is essential for regional and global security.
• Arbitrary detention for diplomatic leverage is unacceptable; rights-abiding nations are presenting a common front to deter and oppose this unlawful practice.Page Break

Supplementary messages

• Canada’s Declaration Against Arbitrary Detention in State-to-State Relations is a firm statement of principle and does not name nor target any specific perpetrating country.
• Next steps, including the Partnership Action Plan released last week with G7 support, will help Canada take concrete steps to raise the global cost of this unacceptable practice.
• Canada is a global leader in holding Iran accountable for its human rights violations. The cornerstone of our efforts is our global leadership on tabling the resolution on the situation of human rights in the Islamic Republic of Iran, which has been endorsed by the UN General Assembly annually since 2003.
• Canada condemns Iran’s destabilizing role in the region and has robust sanctions in place against the Iranian regime, in coordination with the international community.

Background

Canadian Position: Iran is a destabilizing regional power. Its wide-ranging network of non-state proxies and partners, weapons proliferation, growing missile capability, hostile policies towards our partners, nuclear program and human rights practices together pose major challenges to Canada and its partners.

Canada has always had a difficult relationship with the post-Shah Iran, which have been notably strained since 2012 when Canada designated Iran as a state sponsor of terrorism under the Justice for Victims of Terrorism Act (JVTA). The JVTA allows victims of terrorism to sue Iran as a state sponsor of terrorism and for the seizure of Iranian assets, and closed the Canadian embassy in Tehran, and expelled Iranian diplomats from Ottawa.

Canada maintains a Controlled Engagement Policy (CEP) with Iran, limiting our engagement with Iran to discussions related to consular issues, human rights in Iran; Iran’s role in the region; and Iran's nuclear programme and its non-proliferation obligations. Given our longstanding issues with the regime, Canada had maintained the CEP during a time of reciprocal diplomatic representation as well. Currently, the main issues of contention with Iran are its nuclear program, human rights record, support for extremism and militias in the region, and general animosity towards our key partners, as well difficult consular cases.

Canada’s sanctions regime

• Autonomous sanctions are an important complement to Canada's foreign policy tools to foster international peace and security and promote respect for human rights.
• Canada is judicious when it chooses to deploy sanctions and is committed to their effective and coordinated use, when appropriate. This has been the case with Canadian sanctions related to Iran.

Supplementary messages

• Canada will continue to hold Iran to account on issues of concern, including its ongoing human rights violations.
• Canada has an existing robust set of sanctions on Iran enacted under both the United Nations Act and the Special Economic Measures Act.
• These measures consist of an arms embargo and prohibitions on the export, sale, supply of and technical assistance on certain goods, and a dealings ban on listed individuals and entities.
• Sanctions are typically imposed as a measure of last resort and are deployed judiciously in concert with other foreign policy tools, such as multilateral action and diplomatic engagement.
• Canada remains committed to playing a leadership role in the preservation and strengthening of an international rules-based order; sanctions are just one component of this approach.

Supporting facts and figures

• Canada’s sanctions measures on Iran consist of an arms embargo and prohibitions on the export, sale, and supply of specified goods, as well as technical assistance in relation to these goods. They also include a dealings ban on listed individuals and entities.
• Sanctions related to Iran enacted under the United Nations Act (UNA) and the Special Economic Measures Act (SEMA) were in response to Iran's nuclear and weapons of mass destruction (WMD) programs.
• Canada currently has sanctions on 41 Iranian individuals and 161 Iranian entities under the Special Economics Measures (Iran) Regulations and 12 Iranian individuals and 10 entities are listed under the UNA.
• Canadian sanctions against Iranian individuals and entities target key leadership positions, individuals and entities. Relevant to PS752, those already listed under SEMA are:
• Entities: Islamic Revolutionary Guard Corps (IRGC) Air Force (and IRGC Air Force Missile Command), IRGC Missile Command.
• Individual: Amir Ali Haji Zadeh (also known as Amir Ali Hajizadeh), head of the IRGC Air Force.

Background

Canada has three separate pieces of legislation authorizing the imposition of sanctions:

• the Special Economic Measures Act (SEMA);
• the Justice for Victims of Corrupt Foreign Officials Act (JVCFOA); and
• the United Nations Act (UNA).

SEMA and the JVCFOA contain specific legal thresholds that must be met using credible, open-source information from multiple sources to make a recommendation to the Governor-in-Council (GiC) to create regulations and impose sanctions. [REDACTED] Imposing sanctions requires policy cover and follows the complete GiC regulatory process.

ATIP protected background

• The Association of Families of PS752 have repeatedly called for Canada to further sanction Iranian officials, [REDACTED]

Commemoration

• On the first anniversary of the downing of flight PS752, the Prime Minister designated January 8 as a National Day of Remembrance for Victims of Air Disasters.
• He also announced the establishment of a scholarship program and a physical tribute in memory of victims of air tragedies.
• Global Affairs Canada will also consult families on specific elements of these commemoration initiatives to ensure they are meaningful tributes to their loved ones.

Supplementary messages

• Given the significant number of academics and students who were among the victims of PS752, establishing scholarships is an appropriate and meaningful way to pay tribute to these extraordinary lives lost.

Background

[REDACTED]

An independent third party has been engaged to undertake consultations with the families of PS752 and ET302 on a memorial scholarship programme.

Transport Canada received $5.6M as part of the government’s latest budget to support consultations with the families on commemoration, which could include scholarships.

Consular response to PS752

• Given the scale of the PS752 tragedy, Global Affairs Canada took exceptional steps to support families.
• An Emergency Task Force was created to ensure a whole-of-government approach to the tragedy.
• To facilitate the delivery of consular services, a dedicated, 24/7 consular team was established, and officers were deployed to Turkey, Iran and five cities across Canada.
• Canada took the extraordinary step of extending consular services to the families of both Canadian citizens and permanent resident victims.
• Canada provided $25,000 to the families of each Canadian and Permanent Resident victim to help with immediate financial burdens.
• Numerous programs were put in place to help families including counseling services, a 24/7 Crisis Support Line and, working through a Canadian legal organization, free legal advice.

Supplementary messages

• Canada strongly advocated that the families’ wishes with regards to the victims’ place of burial be respected by Iran.
• Extensive efforts were made to ensure a timely and smooth repatriation process for families wishing to return remains to Canada.
• Letters, in lieu of death certificates, were issued to facilitate the delivery of financial services, among others, from institutions to the victims` families.
• Global Affairs Canada waived notarial service fees related to the incident.
• IRCC put in place special measures to facilitate travel by non-citizen relatives to Canada.

Background

On January 8, 2020, Ukraine International Airlines flight PS752 crashed shortly after taking off from Tehran’s main airport, killing all 176 people on board. A total of 138 passengers were en route to Canada, including 55 Canadians and 30 Permanent Residents.

Forensic team report

• Iran has not produced a full, transparent, and credible explanation of the downing of PS752.
• Iran’s interim reports were incomplete and deflected attention away from the regime itself.
• This is why our government formed the Forensic Examination and Assessment Team. The Team’s report is expected to be released in the coming weeks.
• Despite our best efforts, there will be many outstanding questions.
• It is the responsibility of Iran to provide answers to Canadians and to the loved ones of all victims.Page Break

Supplementary messages

• The Forensic Team Report will be our best assessment of all the information and evidence available to the Government of Canada.
• However, the Report will not answer all outstanding questions.
• Only Iran has full access to the evidence, crash site, witnesses, and to those ultimately responsible. Only Iran can provide a full and credible account of the events.
• Canada will continue to press Iran for critical answers at the negotiating table, where a full and credible accounting of the downing is a key demand.

Background

The goal of the Report is to put into the public domain unclassified information on the events that led to the downing of PS752 of which Canada has assessed. It will also put on the public record the outstanding questions that Iran must answer.

ICAO - Iran permanent representative (responsive only)

• As the host state of a UN specialized agency, Canada is legally obligated to provide access (diplomatic visas, etc.) and associated privileges and immunities to representatives of foreign states to ICAO. Iran is an ICAO member state.
• I am aware of the allegations that have recently surfaced in the media.
• IF ASKED: I cannot comment on national security issues.

Background

An audio tape attributed to Iran’s Foreign Minister, Javad Zarif, was leaked in early May and was picked up in some Persian language media (Iran International). In the recording, Minister Zarif can be heard saying that the former Head of the Iranian Revolutionary Guards Corps’ (IRGC) Quds Force, General Qassem Soleimani, used Iran Air to smuggle weapons into Syria to help the Assad regime. The Head of Iran Air at the time, Farhad Parvaresh, is now Iran’s Permanent Representative to ICAO.

Pursuant to the Headquarters Agreement Between the Government of Canada and the International Civil Aviation Organization, Canada must provide access (diplomatic visas, etc.) and privileges and immunities to ICAO officials and member state delegates. It is important that Canada meet its legal obligations as the host state of a UN specialized agency.

[REDACTED]

International Coordination and Response Group

• Following the tragic downing of flight PS752, Canada moved quickly to bring together grieving nations to demand Iran conduct a thorough, complete and transparent investigation.
• Canada, Afghanistan, Sweden, Ukraine, and the U.K. have each been affected by the tragedy of PS752 in different ways. By speaking with one voice, together we can ensure that Iran does not ignore our individual demands.
• By remaining united in its mission to hold Iran to account, the Coordination Group is better positioned to ensure full transparency, accountability, and justice for the victims of PS752 and their families.

Supplementary messages

• The five countries of the Coordination Group are stronger together. By standing united, we can better achieve justice and accountability for the families of the victims.
• I am in regular contact with my Coordination Group counterparts to ensure our common approach. All countries remain committed to working together to hold Iran accountable in accordance with international law.
• It is my view and the view of my Coordination Group counterparts that the best available method to ensuring we meet our objectives is to undertake state-to-state negotiations. These will ensure that Iran makes full reparations for the harm caused to the victims, the families of the victims and the affected states.

Background

Canada launched the International Coordination and Response Group (CG) immediately following the downing of PS752. The Group met for the first time in person on January 16, 2020, at Canada House in London, eight days after the downing. Since the onset of the global pandemic, all meetings of the CG at the ministerial and officials’ level have taken place virtually.

The CG created several sub-committees, including the Legal Sub-Committee that has been working closely on preparations for upcoming negotiations on the common legal basis and negotiating position for the CG.

The CG signed a Memorandum of Understanding (MOU) on Cooperation on July 2, 2020. The MOU indicated that Ukraine would act as the Spokesperson and Canada as the Secretariat of the CG. All members of the CG will play an active role in the negotiations.

On July 30, 2020, the CG met with Iran for a first round of discussions, focused primarily on modalities. This meeting took place in Kyiv, with Ukraine and Iran’s delegations present in the room and other members of the CG participating via video conference.

International Court of Justice

• Canada and its Coordination Group partners are committed to holding Iran accountable for this terrible tragedy.
• However, the pathway to justice and accountability cannot begin with the International Court of Justice (ICJ), as its jurisdiction is not automatic.
• States must recognize the ICJ either generally or as a Party to a treaty that gives jurisdiction to the Court to settle disputes related to that treaty, both of which Iran has not.
• Canada must therefore rely on treaties that include such a provision. Luckily, two of the three treaties that we are alleging Iran breached contain this type of provision. These treaties have preconditions, including the requirement to conduct good faith negotiations to resolve matters.
• They also require a secondary step of referring the matter to a decision-maker like the ICAO Council for example, or to arbitration. These steps are required before any party to the dispute can resort to the Court.
• As these actions have not yet taken place, the ICJ is not an option at this time. Canada`s current focus is on state-to-state negotiations with Iran.
• Canada will undertake these negotiations alongside our Coordination Group partners, in good faith and as long as Iran is cooperative.

Supplementary messages

• It is Canada’s view that the International Criminal Court (ICC) is not an appropriate venue for this matter. Iran is not a State Party to the Rome Statute.
• The Court’s jurisdiction is limited to the crimes defined in the Rome Statute and only when such crimes are committed by nationals of a State Party or have taken place on the territory of a State Party.
• The state must also be unwilling to prosecute these crimes.
• Although it is possible for the United Nations Security Council to refer a case to the ICC, it is unlikely to happen in this case given the circumstances.

Supporting facts and figures

• In this case, the two applicable treaties that contain dispute settlement mechanisms that give jurisdiction to the International Court of Justice are the Convention on International Civil Aviation and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.

Background

• The Coordination Group Ministers signed an MOU on July 2, 2020, setting out the terms of Canada`s cooperation with respect to the negotiations with Iran. It was agreed that Ukraine would act as a negotiating spokesperson; however, all other Coordination Group members will play active roles in the negotiations.
• On July 30, 2020, the Coordination Group held its first round of discussions with Iran virtually, with Iran’s delegation in Kyiv. The purpose of this meeting was to introduce the Coordination Group to Iran and discuss the modalities of the future rounds.
• The Coordination Group’s Legal Sub-Committee is chaired by Canada and has met at least 18 times since February 2020.
• As soon as Coordination Group Ministers can agree to the Notice of Claim and endorse the Common Negotiating Position, the Notice will be sent to Iran by Ukraine and dates for the first round will be set.

Iran’s final safety report

• Since the downing of PS752, Canada has repeatedly called upon Iran to live up to its obligations to conduct a comprehensive and transparent investigation according to international standards.
• The Forensic Team report, which will be released in the coming weeks, will critically evaluate the assertions in Iran’s report.
• Iran has made no attempt to answer critical questions about the true circumstances, such as why Iranian airspace was left open, why Iran did not notify airlines of the heightened military risk to civilians, nor why Iran did not enact measures to prevent this tragedy.
• Without answers to these critical questions, the international community is right to question the safety of the skies over Iran.

Supplementary messages

• As Canada stated at the ICAO council on March 19, 2021:
• The report makes no attempt to answer critical questions about what truly happened.
• It is incomplete and is missing key facts and evidence.
• Iran did not put in place the simplest measures to prevent such a tragedy, such as issuing a notification to airmen (NOTAM) or indeed a full closure of its airspace.
• The report also asserts that military details are outside the scope of its investigation, deflecting blame away from the regime.

Background

Iran released its final safety investigation report into the downing of PS752 on March 17, 2021, 434 days after the downing of PS752. It places blame for the downing squarely on human error committed by the operator of the surface-to-air missile (SAM) system, including a misalignment of the SAM unit. It does not address any systemic issues with respect to the management of Iranian airspace, nor with the air defence systems that may have led to the downing. It does not address the failure to notify airlines of the heightened risk of flying that day, and specifically excludes any investigation of the Iranian military as outside of the scope of an Annex 13 investigation.

On March 19, Canada delivered a statement at ICAO to express our deep concerns about the lack of convincing information and evidence included in Iran’s safety report into the downing of PS752. Many Council members subsequently intervened to support Canada’s statement.

IRGC - Listing as a terrorist entity

• Canada is concerned by and condemns the actions of the Islamic Revolutionary Guards Corps (IRGC) in the region.
• Canada already has robust measures in place to hold Iran accountable. We have some of the toughest and most comprehensive sanctions in the world against Iran.
• Canada listed the IRGC-Quds Force as a terrorist entity under the Criminal Code in 2012, as well as three Iran-backed regional militias as terrorist entities in 2019.

Supplementary messages

• Canada has already listed the Islamic Revolutionary Guards Corps (IRGC) and many of its sub-organizations under the Special Economic Measures Act (SEMA). These include the IRGC Air Force, Missile Command and Navy, and members of its senior leadership.

[REDACTED]

Launch of Canadian criminal investigation

• The decision to conduct a criminal investigation rests with the Royal Canadian Mounted Police (RCMP). I cannot speak on their behalf in this matter.
• Since the beginning of this tragedy, RCMP has been an integral part of Canada’s efforts.
• Within 3 days of the tragedy, the RCMP deployed investigators to Ukraine to provide immediate assistance. A dedicated RCMP team continues to support to its Ukrainian counterparts.
• The RCMP is investigating complaints from families of harassment, intimidation and foreign interference by Iran. This investigation is ongoing.

Background

The RCMP’s role in the PS752 tragedy has principally been to assist Ukraine’s criminal investigation. To that end, the RCMP had deployed several officers to Ukraine, however, they were recalled to Canada due to COVID-19. Specifically, the RCMP has been conducting investigation interviews with the families of victims and collection of evidence. A dedicated RCMP investigation team has been established to further this statement and evidence collection, which are currently ongoing.

Pursuant to the Ministerial Direction and the Avoiding Complicity in Mistreatment by Foreign Entities Act, the RCMP is required to undertake a risk assessment process prior to international sharing of information. This ensures that no individuals are put at risk of mistreatment, harm or torture by such sharing. This is an important step, critical to ensuring the safety of all PS752 families in Canada and abroad.

In addition to supporting Ukraine’s investigation, the RCMP is investigating the complaints of harassment, intimidation and foreign interference by Iran. The RCMP also continues to work with municipal police partners in those jurisdictions where the RCMP is not the local police service.

Multilateral engagement

• Canada has brought attention to the PS752 tragedy in several multilateral forums, including at the United Nations General Assembly, the Human Rights Council, and the International Civil Aviation Organization (ICAO).

Supplementary messages

• Canada leads on an annual resolution at the UN General Assembly on the human rights situation in Iran. In the Fall of 2020, Canada succeeded in having language included in the resolution that brought the international community’s attention to the harassment and intimidation of some families of PS752 victims.
• During the UN Human Rights Council session in March of 2021, Canada delivered a joint statement on behalf of Sweden, Ukraine, and the United Kingdom, calling for transparency, accountability and justice for the victims of PS752 and their families.
• Both I, during my time as Minister of Transport, and my colleague Minister Alghabra, have spoken on the PS752 tragedy at all four sessions of the ICAO Council since the incident. We have raised concerns and expectations about the conduct of the investigation and have led efforts to prevent situation from reoccurring via the establishment of the Safer Skies Initiative.

Background

Recent Canadian interventions at ICAO: On March 1, 2021, Minister Alghabra delivered remarks to the ICAO Council to present progress under Canada’s Safer Skies Initiative. After Iran published its accident investigation final report, Permanent Representative Claude Hurley made another statement at the ICAO Council on March 19, expressing Canada’s deep concern with the lack of convincing information and evidence presented and failure to answer critical questions.

UNGA resolution: Through difficult negotiations, Canada succeeded in having the following language included on the Fall 2020 UNGA resolution on the situation of human rights in Iran:

(A/Res/75/191) OP17. Encourages the Government of the Islamic Republic of Iran to cooperate with all relevant authorities on investigations into allegations of harassment and intimidation of some families of the victims of the downing of Ukraine International Airlines flight 752.

Safer Skies Initiative: Led by Transport Canada, Canada is working with ICAO, other international organizations, and experts from the civil aviation industry around the world to enhance safety and security for commercial airlines travelling in high-risk areas in order to prevent future tragedies. In July of 2020, the Safer Skies Consultative Committee was established, bringing together global aviation experts to help inform, advise, advocate for, and assist the development of international initiatives for aviation safety in or near conflict zones. From December 8 to 9, 2020, Canada hosted the inaugural Safer Skies Forum, a global event dedicated to mitigating the risks posed to civil aviation operations in conflict zones. It brought together more than 400 participants from 82 countries and 31 industry stakeholders.

Pathway to justice and accountability

• The pathway to justice and accountability available to Canada will be long, but it follows the framework set out under international law.
• Canada views the actions and omissions by Iranian officials which led to the downing of PS752 as breaches of Iran’s international legal obligations.
• Canada has concluded that bringing the case to the International Court of Justice would not be the first step; there is a process defined by applicable treaties requiring good faith negotiations to resolve matters first.
• If negotiations fail, the next step is referring the matter to a decision-maker like the ICAO Council for example, or to arbitration.
• Negotiations are the preferred method to resolve this matter because they allow for a much more comprehensive approach to reparations with Iran.

• The department has been working with Coordination Group partners to reach a common negotiating position. This understanding is critical to ensuring that we have a strong position towards Iran.
• Negotiations with Iran will not be easy. We are entering these talks in good faith and will take part so long as they are productive.

Supplementary messages

• Reparations are not just about seeking compensation for the families; they include different forms of satisfaction including guarantees of non-repetition, which in turn means we will be demanding that Iran give us a full accounting of what happened. We will also seek to obtain information related to the criminal prosecutions pursuant to the under the 1971 Montreal Convention. In pursuing reparations, we hope to achieve transparency, accountability and justice.
• Canada will work with our Coordination Group partners to finalize our common negotiating position and the Notice of Claim to be sent to Iran shortly afterwards. A date for the first round of substantive talks will then be set.
• We have an expert team of international law practitioners, negotiators, and Iranian experts from Global Affairs Canada and across the Government of Canada. Our team benefits from collaboration with other experts in the four other affected states and will look to external experts with specific skill sets for added value.

Supporting facts and figures

• In this case, the two applicable treaties that contain dispute settlement mechanisms that give jurisdiction to the International Court of Justice are the Convention on International Civil Aviation and the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.

Background

• The Coordination Group Ministers signed an MOU on July 2, 2020 setting out the terms of Canada`s negotiations with Iran and determining that. It was agreed that Ukraine would act as a negotiating spokesperson. All other Coordination Group members will play active roles in the negotiations.
• The Coordination Group’s Legal Sub-Committee, chaired by Canada, has met at least 18 times since February of 2020.

Support for PS752 families

• From that horrific day on January 8, 2020, the families and loved ones of the victims of flight PS752 have been at the heart of the Government of Canada’s response to this tragedy.
• All of our efforts have focused on the pursuit of truth, justice and accountability from Iran on behalf of the families of the victims.
• In addition to our robust and immediate response in the aftermath of the tragedy, we continue to directly support families in their most difficult moments.
• Through regular updates, dialogue, and direct contact, families are provided with free-of-charge legal advice and counselling services, as well as dedicated income tax and visa assistance and specific interventions for their issues.
• My colleague, the Minister of Immigration, Refugees and Citizenship, has just announced a special pathway to permanent residency. This program is designed to ensure that survivors who are in Canada have the support they need.

Supplementary messages

• Canada is deeply concerned about all reports of threats or acts of intimidation. We encourage anyone in Canada who is concerned for their own safety to immediately contact their local police.
• We have repeatedly raised our concerns about the intimidation of family members in our public statements, including a statement we delivered at the Human Rights Council in March alongside Ukraine, Sweden and the UK.
• Our government has been working closely with the RCMP to ensure that the relevant police services are aware of all reports of threats, harassment and intimidation. This includes ensuring that victims’ support and counselling services are accessible when necessary.

Background

The Government has been in regular contact with the victims` families, executives of the Association of the Families of PS752 Victims, friends appointed to oversee estates, legal representatives, government consultants and academic institutions.

Global Affairs Canada maintains contact with the families via weekly emails, a monthly ministerial newsletter, and regular technical briefings. GAC also moderates calls between them and other government departments and ministers.

The families have also spoken with yourself, Ministers Champagne and Alghabra, Special Advisor Goodale and Canada’s Permanent Representative to the United Nations, Mr. Rae. The Family Association has also met with other ministers. Families have also received technical briefings with officials from multiple departments, including Immigration, Refugee and Citizenship Canada (IRCC), Transport Canada, the Transportation Safety Board, RCMP and the Forensic Assessment and Examination Team.

Annex

Timeline of Canada’s response to the downing of flight PS752

2020

January 8 – Immediate Response from the Government of Canada

Prime Minister of Canada

• Statement by the Prime Minister on the fatal plane crash in Iran
• Prime Minister Trudeau spoke with:
  • Donald Trump, President of the United States of America
  • Boris Johnson, Prime Minister of the United Kingdom
  • Emmanuel Macron, President of France

Global Affairs Canada

• Statement by Foreign Affairs Minister on Ukraine International Airlines Flight PS752.
• GAC Consular Services started to provide services to families of Canadian citizens and permanent residents including:

Transportation Safety Board of Canada (TSB)

• The TSB appointed an Expert to the safety investigation, as prescribed by Annex 13 to the Convention on International Civil Aviation. The entitlements of an Expert are: to visit the scene of the accident, have access to the relevant factual information which is approved for public release by the State conducting the investigation (i.e. Iran) and information on the progress of the investigation, and receive a copy of the Final Report once the investigation is completed. The name and contact information of the TSB Expert was provided to the Aircraft Accident Investigation Bureau of the Islamic Republic of Iran (AAIB).

Privy Council Office (PCO)

• Creation of a PCO-led emergency task force to coordinate Government of Canada’s (GoC) response, spanning all relevant federal departments and agencies at the level of Deputy Minister:
  • Global Affairs Canada (GAC)
  • Transport Canada (TC)
  • Royal Canadian Mounted Police (RCMP)
  • Department of National Defence (DND)
  • Health Canada (HC)
  • Public Safety (PS)
  • Immigration, Refugees and Citizenship Canada (IRCC)
  • Justice Canada

January 9 – RCMP started coordinating next of kin notifications with local Police of Jurisdiction

January 10 – Formation of the International Coordination and Response Group (CG)

• Canada announced the formation of the CG following a call with Ukraine, Sweden, Afghanistan and the United Kingdom.

January 11 – Standing Rapid Deployment Team Deployed in Turkey, then Tehran

• Eight members of Canada’s Standing Rapid Deployment Team (SRDT) were deployed to Tehran to deliver emergency consular services with the support of the Canadian Embassy in Ankara, Turkey, and the Italian embassy to Iran.
• The SRDT also deployed in Canada (Vancouver, Edmonton, Winnipeg, Toronto and Montréal) to provide liaison support with families, other government departments and local contacts.

January 13 – TSB Confirms its Role as an Expert in Air Safety Investigation

• TSB’s Chair Kathy Fox provided an update on the TSB’s role in the safety investigation. The TSB also announced that it will deploy a second team of investigators who specialize in aircraft recorder download and analysis once confirmation has been received regarding where and when this activity will take place.

January 14 – TSB Deployed to Iran

• TSB officials met with the AAIB to discuss aspects of the investigation and visited the accident site in Iran. This was followed by an examination of the wreckage on January 15.

January 15 – Press conference by Minister Garneau and Parliamentary Secretary Alghabra to provide update on crash and announce initial government supports (mental health, expedited visas and fee waiver).

January 16

• First Meeting of the CG in London, U.K.
• IRCC announced special measures to help family members of the victims, Canadian, permanent residents and those holding temporary status in Canada.

January 17

Justice Canada and Pro Bono Ontario

• The PM announced that Justice Canada would provide $218,029 in funding to Pro Bono Ontario to provide legal assistance to family members of Canadian citizens or permanent residents who lost their lives in flight PS752. The funding under the Justice Partnership and Innovation Program will flow over two years, 2019-20 and 2020-21, to support families across Canada as required.
• Pro Bono Ontario is partnering with Iranian Canadian Legal Professionals (ICLP) to develop a linguistically proficient and culturally sensitive panel of volunteer lawyers to provide additional assistance. This initiative will help families address a variety of legal issues that have arisen as a result of the loss of their loved ones.

Immediate Financial Assistance to Families of Victims ($25,000)

• The GoC announced that it would provide families who are Canadian citizens and permanent residents $25,000 per victim to assist with their immediate needs. This is separate from the financial assistance from the Canada Strong Campaign and any compensation from Ukraine International Airlines and Iran.

Other measures to assist the families financially included:

• GAC: letters in lieu of death certificates issued to facilitate the delivery of services by institutions and waiving of any notarial service fees related to tragedy.
• ESDC: working with the provinces to facilitate stopping payments of student loans for the victims’ estates.

Crisis and Counselling Support Line from Health Canada

• Health Canada created a 24/7 free and confidential Crisis and Counselling Support Line for families, impacted individuals and affected communities.

January 18 – Improved Communication with Families

• A password protected family portal was set up for affected families with additional information.

January 20 – Evening of Emotional Support organized by York Victims’ Services supported by RCMP FP Outreach

January 22 – Canada Strong Campaign

• The GoC announced it would match donations made to the Canada Strong campaign for up to $1.5 million dollars. The matching of donations ended on February 21 with over $1.7 million dollars raised (total of +$3.2 million).

January 23 – TSB Concludes Site Visit in Iran and Meetings in Ukraine

January 29

• Repatriation Completed
• First Call of the CG International Law and Compensation Sub-Committee
• Minister Garneau Urges Iran to Turn Over Flight Recorders

January 31 – Ministers Garneau and Champagne meet with President of the ICAO

• Building on Canada’s efforts to ensure a transparent and credible investigation, Ministers Garneau and Champagne met with ICAO President, Salvatore Sciacchitano.

February 10 – 2nd CG Legal Sub-Committee

February 14 – Safer Skies Initiative

• In Munich, the PM announced that Canada would lead an initiative called Safer Skies to improve aviation safety over conflict zones and prevent tragedies like PS752 from happening in the future. Key elements of the strategy include better information sharing, warnings and directions for avoiding dangerous airspace, and improved risk protocols and operational practices.
• Canada has already begun to put into practice some elements of the Safer Skies Initiative, including issuing recommendations to airlines to avoid some airspaces, such as Iranian, Iraqi, Libyan, and Syrian airspace. Transport Canada is also working towards long-term improvements of international standards, which would be adopted by all countries. Minister of Transport Garneau presented on this matter in front of the ICAO Council on March 11 (news release).

February 15 – Second Ministerial Meeting of the CG

February 25 – 3rd Teleconference of the Legal Sub-Committee

February 26 – Launch of GAC PS752 Task Force (TF)

• On February 26, GAC launched a full-time TF to coordinate the ongoing response to the downing of PS752 in order to formalize responsibilities of the team who had been working on Canada's response since January 8.

February 28 – First Interdepartmental Call of GAC PS752 TF

March 4 – CG Virtual Ministerial Meeting

March 11 – Canada’s Response at the International Civil Aviation Organization (ICAO)

• On March 11 at the ICAO Council in Montréal, the Secretary General of ICAO presented an oral report on PS752. In response, Minister Garneau delivered a strong statement calling on Iran to ensure readout of the flight recorders and noting that further Council action could be taken if this did not occur. The Ambassador of Ukraine to Canada also delivered a statement and offered strong support for Canada’s initiatives (PS752 resolution and Safer Skies initiative).
• Separately, Minister Garneau presented the Safer Skies Initiative at ICAO asking for a concerted effort by the international community to further mitigate risks to flights near or over conflict zones. This Canada-led initiative was co-sponsored by 9 other ICAO Council States (Costa Rica, Finland, Germany, Japan, the Netherlands, the Republic of Korea, Spain, the United States and the United Kingdom. (news release)

March 11

• GAC PS752 Task Force Officials’ call with families
• CG Officials Call

March 13 – RCMP deployment to Ukraine was suspended due to the COVID-19 outbreak

March 18 – 4th Teleconference of the Legal Sub-Committee

March 30 – Minister Champagne Calls Ukrainian Foreign Minister Kuleba

March 31 – The Prime Minister announces Special Advisor for Canada’s ongoing response to the Ukraine International Airlines tragedy

• The PM announced the appointment of Ralph Goodale as his Special Advisor for the ongoing response to the PS752 tragedy. As Special Advisor (SA), Mr. Goodale will examine lessons learned from the UIA Flight PS752 and other air disasters, including Ethiopian Airlines Flight 302 and Air India Flight 182. He will develop a framework to guide Canada’s responses to international air disasters and provide recommendations on best practices, including advice on tools and mechanisms needed to prevent future events. He will support the Minister of Foreign Affairs and the Minister of Transport in this work.

April 1 – All payments under the Flight 752 Financial Assistance program have been made

• Payments were made to families of those victims who were Canadian citizens or permanent residents at the time of the tragedy, in accordance with a set order of precedence.

April 2 – Special Advisor Goodale call with Ukrainian Ambassador to Canada

April 9 – CG Officials Call

April 10 – Ministerial Briefing with SA Goodale

• An introductory call took place between Ministers Champagne and Garneau, SA Goodale, and Parliamentary Secretaries Alghabra and Oliphant. SA Goodale received an update from all participants on their priorities and work to date in order to be of maximum assistance.

April 14 – Follow-up Call between Minister Champagne and Ukrainian Foreign Minister Kuleba

April 14-15 – SA Goodale Calls with Families

April 15 – CG Virtual Ministerial Call

April 16 – 100 days since the tragedy

• The following two statements were released, and Minister Champagne wrote an email to the families to reassure them that, despite the COVID-19 pandemic, efforts have not halted as Canada continues to advocate for full accountability, transparency and justice, including compensation, in their search for answers and closure.
  • Statement by the Minister of Foreign Affairs and the Minister of Transport marking 100 days since the tragedy of Ukraine International Airlines Flight PS752
  • Statement by the International Coordination and Response Group for victims of Flight PS752: 100 days since tragedy

April 21 – Meeting of CG Transportation Safety Experts

May 5 – 5th Teleconference of the Legal Sub-Committee

May 11 – Second Interdepartmental Call of GAC PS752 TF

May 18 – Minister Champagne call with Ukrainian Foreign Minister Kuleba

May 25 – SA Goodale call with the Dutch on MH17

May 26 and 28 – Webinars organized by GAC Legal Affairs for CG officials

June 1 – CG Officials Call

June 2 – 6th Teleconference of the Legal Sub-Committee

June 10 – Statement by Minister of Transport Garneau during the ICAO Council

• Minister of Transport addresses ICAO Council meeting on Flight PS752 and Canada’s Safer Skies Strategy: On June 10, Minister Garneau delivered remarks to the ICAO Council on ICAO’s work on conflict zones and the Canada-led Safer Skies Initiative, as well as on the PS752 investigation. The Ambassador of Ukraine/Representative to ICAO, Andriy Shevchenko, and the Representative of the Islamic Republic of Iran to ICAO, Farhad Parvaresh, attended the virtual meeting as observers.

June 11 – Call between GAC Deputy Minister Morgan and Iran’s Deputy Foreign Minister

June 16 - 7th Teleconference of the Legal Sub-Committee

June 17 – Minister of Transport’s motion in the House of Commons on PS752

• Minister of Transport Garneau presented a motion on PS752 in the House of Commons which received unanimous consent.

June 22 – Call between Minister Champagne and Iranian Foreign Minister Zarif

June 22-29 – Minister Champagne holds four video calls with the families

June 26 – Development on the Flight Recorders

• France’s BEA (Bureau d'enquêtes et d'analyses pour la sécurité de l'aviation civile) announced on Twitter that Iran had requested its technical assistance with the flight recorders and that technical work was planned to start on July 20 in Paris. The BEA also reiterated that the safety investigation is led by Iran.
• Statement by the Minister of Foreign Affairs and Minister of Transport
• Statement from the TSB

June 30 – Interdepartmental Meeting on Commemoration of the Victims of Flight PS752

June 30 – 8th CG Legal Sub-Committee

July 2 – CG Ministerial Virtual Meeting

July 16

• 9th Teleconference of the Legal Sub-Committee
• TSB Technical Briefing with the Families

July 20

• Flight Recorders delivered, downloaded and analyzed
• Statement from the CG on Iran delivering flight recorders
• Call between Ministers Champagne and Minister Le Drian (France)

July 23

• TSB statement confirms completion of download and preliminary analysis of recorders
• 10th Call of the Coordination Group (CG) Legal Sub-Committee

July 28 – 11th CG Legal Sub-Committee

July 30 – First Meeting of the CG and Iran on PS752 Negotiations on Reparations

Canada, Ukraine, Sweden and U.K. negotiators met with the delegation from Iran to discuss modalities on negotiations for reparations owed by Iran to the victims of Flight PS752 and the affected States.

August 4 – GAC Assistant Deputy Minister for Arctic, Europe, Middle East and Maghreb Call with Ukrainian Deputy Foreign Minister Yenin

August 6 – Legal Briefing for Families

August 7 – Special Advisor Goodale Meeting with Family Association

August 11 – Special Advisor Goodale Discussion with Deputy Minister of Transport of Canada

August 12 – 12th CG Legal Sub-Committee

August 17 – Special Advisor Goodale Discussion with Deputy Minister of Foreign Affairs of Canada

August 23 – Interim Flight Recorder Readout Report

• Iran's Civil Aviation Authority released a report on the flight recorder data. This is one of a series of interim reports they have released in the lead up to the final safety investigation report which has yet to be released. Reportedly the CVR contained pilots' conversations for 19 seconds after the first missile hit, indicating they had survived the first hit. The TSB issued a statement, and Ministers Garneau and Champagne issued a joint statement.
• Statement by the Minister of Transport and the Minister of Foreign Affairs
• News Release from the TSB confirming receipt of the flight recorder readout report

August 24 – Statement by the Prime Minister of Canada on Ukrainian Independence Day

• “As we celebrate these deep and lasting bonds of family and friendship, we also recognize that this year has been difficult for people in both our countries. The Ukraine International Airlines Flight PS752 tragedy and the COVID-19 pandemic have taken the lives of so many Canadians and Ukrainians, and changed the lives of countless others.”

September 9 – Meeting between the Prime Minister and SA Goodale

September 16 – Meeting between Canada’s Permanent Representative to the United Nations in Geneva and the Special Rapporteur (SR) on Extrajudicial, Summary or Arbitrary Executions

September 17 – 13th Teleconference of the Legal Sub-Committee

October 2 – Minister Champagne begins sending a monthly newsletter to families

October 2 – Minister Champagne announces the creation of the Forensic Examination and Assessment Team

October 5 – Family Association Rally in Ottawa and across the world

• Minister Champagne, Minister Garneau, and Special Advisor Goodale attended a rally on Parliament Hill organized by the PS752 Family Association. All three delivered remarks. Similar rallies were also held in Edmonton, Calgary, Winnipeg, Montreal, and Toronto. Outside Canada, rallies were held in London, UK and Frankfurt, Germany.

October 22 - 14th Meeting of the CG Legal Sub-Committee

October 26 – CG Officials Call

October 27 –CG Ministerial Virtual Meeting

November 6 – Minister Garneau addresses ICAO Council

December 3 – 15th Meeting of the CG Legal Sub-Committee

December 8-9 – Inaugural Safer Skies Forum

December 14 – Release of report by Special Advisor Ralph Goodale

December 15 – Call between Minister Champagne and families

December 16—Adoption of the Annual Human Rights Resolution on Iran

2021

January 7 – Virtual Commemorative Event

• A virtual commemorative event was organized by Global Affairs Canada and included remarks by the Prime Minister, Minister Champagne, Minister Garneau, and Special Advisor Goodale, as well as a reading of the names of the 176 victims. Deputy Foreign Affairs Minister Morgan, Immigration Minister Mendicino and several MPs were also present. Over 100 family members participated in the event.

January 8 – One Year Anniversary of the downing

• The CG released a joint statement commemorating the one-year anniversary of the downing of PS752 and called on Iran to provide a complete and thorough investigation of the events leading to the downing.
• The Prime Minister of Canada released a statement commemorating the one-year anniversary of the downing where he announced the creation of the National Day of Remembrance for Victims of Air Disasters, a new pathway to citizenship for family members, as well as scholarships and a physical tribute.
• The Prime Minister, Minister Champagne, Minister Garneau, and Special Advisor Goodale recorded statements for broadcast during the online commemoration activities of the Family Association.

January 13 – Technical Briefing on Legal Issues for Families

February 4 - 16th Meeting of the CG Legal Sub-Committee

February 11 – CG Officials Call

February 16 - Minister Garneau call with Ukrainian Minister Kuleba

February 25 – Minister Garneau call with families

February 26 – Meeting between Minister Garneau and US Secretary of State Blinken

• Minister Garneau held an inaugural meeting with newly appointed US Secretary of State Anthony Blinken. Minister Garneau raised the importance of getting answers and justice for the families of the victims of flight PS752. 

March 1 – Minister Alghabra addresses ICAO Council

March 4 – Minister Alghabra meeting with families

March 9 – Canada, Sweden, Ukraine, and U.K. deliver statement at Human Rights Council in Geneva

March 22 – Minister Alghabra call with Special Rapporteur Callamard

March 24 - 16th Meeting of the CG Legal Sub-Committee

March 26 – Minister Alghabra call with members of the Association of Families of Victims of Flight PS752

March 30 – Minister Garneau meeting with families

March 31 – CG Officials Call

April 21 – Minister Garneau call with Minister Atmar of Afghanistan

April 22 – Minister Garneau call with Minister Kuleba of Ukraine

April 22 – Minister Garneau call with Minister Linde of Sweden

April 26 – Minister Garneau call with Minister Cleverly of the U.K.

April 26 – Prime Minister Trudeau meeting with members of the Association of Families of Victims of Flight PS752

May 5 – PS752 included in communiqué of the G7 Foreign Ministers Meeting