Canada’s response to Ukraine International Airlines Flight 752 tragedy

On January 8, 2020, Ukraine International Airlines Flight 752 was shot down minutes after taking off from Tehran, Iran, by two Iranian surface-to-air missiles. Fifty-five Canadian citizens and 30 permanent residents were among the 176 people killed in this national tragedy. Canada’s priority is to seek answers and pursue justice by holding Iran accountable and pursuing reparation, while continuing to provide the families and loved ones of the victims with the support they need.

Canada continues to work with international partners to hold Iran accountable for its violations of international law, demanding that it provides a full, transparent and credible explanation of the downing. An International Coordination and Response Group to support families of victims of PS752, includes representation by Canada, Sweden, Ukraine and the United Kingdom, and coordinating legal efforts to pursue accountability and full reparation from Iran so that families and loved ones may get the answers and justice they deserve.

Flight PS752 Commemorative Scholarship Program

On September 25, 2023, Global Affairs Canada launched the Flight PS752 Commemorative Scholarship Program. To honour the legacy of victims, the government is offering 176 scholarships, in the name of each of the victims, to international and Canadian students studying in colleges and universities in Canada. Students whose field of study aligns with the victims’ academic and professional backgrounds or focuses on air disaster prevention, are eligible to apply.

Special advisor for Canada’s ongoing response to the Ukraine International Airlines tragedy

On March 31, 2020, Prime Minister Justin Trudeau appointed the Honourable Ralph Goodale as his special advisor to:

• examine lessons learned from the crash of Flight PS752 and other air disasters
• develop a framework to guide Canada’s responses to international air disasters
• provide recommendations on best practices, including advice on tools and mechanisms needed to prevent future events

On December 15, 2020, Mr. Goodale released his report "Flight PS752: The long road to transparency, accountability and justice". It examines what happened to PS752 and provides a summary of the Government of Canada’s response, a chronology of events and Mr. Goodale’s recommendations on best practices.

• Flight PS752: The long road to transparency, accountability and justice report

Assistance for families of victims

Canada’s priority following the downing of Flight PS752, and throughout its aftermath, has always been to provide families and loved ones of the victims with the support they need.

Global Affairs Canada’s PS752 task force continues to provide regular updates via calls, emails and the Family Portal. A dedicated email remains available to families at ps752@international.gc.ca. 

A number of resources on mental health and counselling services are available to help the families and loved ones of victims. In addition to resources in your community and through your family doctor, a support line was established that is available to families and loved ones, as well as to any impacted community organizations based in Canada. The counselling support line can be reached 24/7 at 1-877-891-5305. There is no cost for these support services, and they are offered in English, French and Farsi.

The path to justice

On January 16, 2020, Canada and its International Coordination and Response Group (the Coordination Group) partners created a legal subcommittee to coordinate their efforts to hold Iran accountable for its violations of international law. The goal of the legal subcommittee is to ensure accountability and obtain justice for the victims, the families and the affected states. A dedicated team of lawyers from Global Affairs Canada and the Department of Justice Canada has been working with its legal subcommittee counterparts in advance of negotiations with Iran on reparations.

On July 2, 2020, the Honourable François-Philippe Champagne, then Minister of Foreign Affairs, and his counterparts from Afghanistan, Sweden, Ukraine and the United Kingdom, signed a memorandum of understanding on cooperation regarding negotiations on full reparations by Iran. This important step reflects the commitment of all 4 countries to work together as a united front toward the goal of securing justice for the victims, and formalizes how the Coordination Group will cooperate prior to, and during, the negotiations.

On July 30, 2020, representatives from the Coordination Group held their first meeting with Iranian officials regarding negotiations on reparations for the families of the victims of Flight PS752. The Coordination Group’s members and Iran discussed the preparations for, and organization of, future rounds of negotiations. The Coordination Group reiterated the call on Iran to conduct a full, transparent and independent investigation in accordance with international standards, including accountability and justice for the families of the victims of this terrible tragedy.

With the signing of the memorandum of understanding on July 2, 2020, the Coordination Group’s legal subcommittee began working toward the development of a common position on negotiations, establishing the framework for unified legal positions. The common negotiation position reflects the efforts of the members of the Coordination Group to ensure that consensus is achieved in our understanding of all of the key principles of international law in advance of our negotiations with Iran on reparations. The development of a common position is a vital step in holding Iran accountable for its violations of international law and in obtaining justice.

2021

On June 3, 2021, Ukraine, as the spokesperson for the Coordination Group, delivered the notice of claim to Iran. This notice sets out the 7 areas in which the Coordination Group was seeking reparations from Iran on our path to justice, transparency and accountability. These demands (or forms of reparations) include a public apology, a full account of events that led to the downing, the return of victims’ belongings, assurances of non-repetition—including assurances that a comprehensive review of Iran’s air defense system has been completed— transparency in the criminal prosecutions and compensation. Delivery of the notice of claim is a formal step in informing Iran that the Coordination Group is formally invoking Iran’s state responsibility.

On September 27, 2021, having not received a response from Iran, the Coordination Group delivered a letter to Iran reiterating the contents of the notice of claim, reminding Iran of its obligation to make full reparation for the downing of Flight PS752 and again calling on Iran to engage in good-faith negotiations before the end of the year. The Coordination Group proposed to Iran that the next round of negotiations take place on November 22 and 23, 2021.

On November 12, 2021, the Coordination Group sent a second reminder to Iran.

The Coordination Group did not hear back from Iran until November 17, 2021, at which time Iran declined to meet with the Group. On November 24, 2021, the Coordination Group issued a joint statement expressing its deep disappointment and calling on Iran to come to the table in good faith.

On December 16, 2021, the Coordination Group formally responded to Iran’s letter of November 17. The Coordination Group also issued a joint statement indicating that the Group had invited Iran to meet with it during the week of January 17, 2022, to discuss the matters that pertain to our claim and our demand for reparation for the downing of PS752.

After repeated attempts by the Coordination Group to engage Iran in negotiations regarding reparation and accountability for the downing, on December 27, 2021,  the Coordination Group received an unequivocal response from Iran that it does not see a need to negotiate with the Group.

2022

On January 6, 2022, the Coordination Group issued a statement noting that despite best efforts the Coordination Group had determined that further attempts to negotiate with Iran were futile. The Coordination Group noted that it would now focus on subsequent actions to take to resolve this dispute in accordance with international law.

On December 28, 2022, the Coordination Group requested that Iran submit to binding arbitration in relation to the Group’s claim pursuant to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971 (also known as the 1971 Montreal Convention).

2023

As no agreement on the organization of arbitration was reached between Iran and the Coordination Group, on July 4, 2023, the Coordination Group jointly filed an application with the International Court of Justice (ICJ) instituting proceedings against Iran in relation to its breaches of the 1971 Montreal Convention.

On October 2 and 3, 2023, the Coordination Group and Iran met to discuss Iran’s responsibility for the downing of Flight PS752 under international law. It was not possible to make meaningful progress. Iran continued to disregard the Coordination Group’s claims, and it was apparent that the parties’ positions were too far apart to be reconciled through negotiations. They continue to be.

On October 16, 2023, the ICJ set the timelines for the written proceedings in the 1971 Montreal Convention case. It ordered that the Coordination Group file its Memorial by October 16, 2024, and that Iran file its Counter-Memorial by October 16, 2025.

A Memorial outlines the applicant’s statement of facts, legal arguments and the relief it seeks from the Court, with all relevant documents and evidence attached as annexes. In turn, the Respondent (the opposing party) must submit a Counter-Memorial in response. In accordance with the Rules of the Court, the Respondent may also file preliminary objections if it wishes to contest the jurisdiction of the Court.

2024

On January 8, 2024, the Coordination Group jointly initiated dispute-settlement proceedings before the International Civil Aviation Organization (ICAO) against Iran for using weapons against a civil aircraft in flight in breach of its international legal obligations under Article 3 bis of the Convention on International Civil Aviation (also known as the Chicago Convention).

In the Chicago Convention case, Iran, as the Respondent, filed a preliminary objection in accordance with the ICAO Council’s Rules for the Settlement of Differences on June 4, 2024. On July 26, 2024, the Coordination Group filed its reply to Iran’s objection, arguing that Iran’s objection was without merit and should be dismissed by the Council.

On August 28, 2024, Iran filed a response to the Coordination Group’s arguments. This latest submission closed the written proceedings with respect to the preliminary objection by Iran. The ICAO President or Council will now set a date for the oral hearing and decision by the council related to the objection. This is likely to take place in early 2025.

On October 16, 2024, pursuant to an order by the ICJ, the Coordination Group filed its Memorial and annexes in support of its 1971 Montreal Convention case with the Registry of the ICJ. This document is not public. Iran has up to 3 months to file preliminary objections in the case, otherwise it must file its Counter-Memorial on or before October 16, 2025.

Canada anticipates these cases will continue to progress according to the timelines set by the respective international bodies and will likely take several years before a resolution is reached. Canada and its partners continue to call on Iran to take full responsibility for its actions, including making reparation for the harm caused as a result of the downing.

Advisory Panel on Flight PS752

As we continue to advance our efforts to hold Iran accountable in accordance with international law, the Coordination Group has appointed an Advisory Panel on Flight PS752 comprising 4 highly recognised legal experts:

• Professor Payam Akhavan
• Professor Harold Koh
• Ms. Jessica Wells
• Sir Michael Wood

They bring their extensive expertise to our legal teams, who continue their diligent work in response to Iran’s unlawful and egregious downing of Flight PS752.

Investigations

Safety investigation

Despite the publication of Iran’s final accident investigation report into Ukraine International Airlines Flight 752, there remains a lack of convincing information and evidence.

In accordance with international aviation standards and recommended practices found in Annex 13 to the Convention on International Civil Aviation (Chicago Convention), the Aircraft Accident Investigation Board of the Islamic Republic of Iran (AAIB), as the state of occurrence, was entitled to lead the technical safety investigation. The following countries, due to their involvement with the aircraft or airline, were also entitled to participate in this investigation:

• Ukraine, as the state of the aircraft operator and aircraft registry
• the United States of America, as the state of the aircraft’s design and manufacture
• France, as the state of the engine’s design and manufacture (in collaboration with the United States)

As a state that lost nationals, Canada was entitled to appoint an expert to participate in the investigation to a limited extent.

Iran’s AAIB conducted its investigation and issued a series of preliminary reports. On March 17, 2021, the AAIB issued its final accident investigation report into the downing of Ukraine International Airlines Flight 752.

Canada’s statement at the International Civil Aviation Organization (ICAO) on March 19, 2021, noted that Iran’s report makes no attempt to answer critical questions about what truly happened, is incomplete and is missing key facts and evidence. Without a comprehensive investigation of all relevant causes, contributing factors and remedial steps taken, the international community cannot be sure that such a tragedy will not happen again.

Toward an improved international aircraft accident investigation system

Canada is committed to working with its partners in improving ICAO’s standards and practices (Annex 13 to the Chicago Convention) to enhance the transparency and credibility of air accident investigations, including to better address conflict-of-interest situations in the context of an aircraft downing.

While Annex 13 is appropriate and effective in almost all scenarios, Iran’s downing of Flight PS752 exposed significant shortcomings in scenarios where the aircraft has been downed by the State of Occurence. In this context, the State of Occurrence, meant to lead the safety investigation, will find itself in an apparent conflict-of-interest that will undermine the credibility of said investigation. This is a result of the potential for any of the State of Occurrence’s actions to be perceived as an attempt to either minimize its own responsibility for the downing, or to assign blame if another State is involved, no matter the actual intent.

ICAO’s technical bodies are the main instrument for developing amendments to Annex 13. These technical bodies have established an expert working group to review the conflict-of-interest issues posed by the context of an aircraft downing, and to develop proposals to address them. A representative from Canada’s Transportation Safety Board is a member of this expert working group. Canada strongly supports the ongoing expert-led work at ICAO to address these Annex 13 gaps and issues, as well as any solution that would support the State of Occurrence in mitigating conflict-of-interest issues and in ensuring a credible, transparent and impartial investigation in the context of an aircraft downing.

In October 2021, Canada secured the support of 55 ICAO member states at the High-Level Conference on Covid-19 for a proposal to prioritize ICAO’s expert-led work. Transport Canada also established a dedicated unit in January 2022 to continue broadening international support for the expert-led process and to identify additional opportunities and options to improve Annex 13.

At ICAO’s 41^st Assembly in September 2022, Canada presented a working paper on the importance of adapting Annex 13 to the context of an aircraft downing. Canada’s working paper was supported by 60 ICAO member states, which helped bolster the ICAO expert-led work and ensure it remained on track. ICAO’s expert working group held its second in-person meeting in November 2022 and will continue its work in 2023.

In ensuring a transparent and credible air accident investigation, air accident victims and their families must be kept informed of the progress of the investigation and be provided with factual information. This is a vital aspect of the suite of measures required to support victims and their families after an air accident. In March 2023, Canada funded the delivery of two sessions of a new ICAO training course to developing countries, to support capacity-building in providing assistance to air accident victims and their families, including transparency and communication with families in the context of an air accident investigation. This will help participating countries be better prepared to support air accident victims and their families.

Canadian forensic team final report

On June 24, 2021, the forensic team, led by Jeff Yaworski, the former Deputy Director of Operations for the Canadian Security Intelligence Service, released their final report.

The forensic team’s report brings to light that Iran’s decisions, actions and omissions, by civil and military officials at the highest levels, led to this tragedy and supports the Government of Canada’s finding that Iran is 100% responsible for this internationally wrongful act.

In the report, they came to the following 3 key findings:

• Iran failed to ensure the safety of its airspace and to notify airlines of the risks, thus setting the stage for such a terrible tragedy.
• The surface-to-air missile operator made a series of extremely flawed decisions that could have—and should have—been avoided, which resulted in the operator launching missiles with the intention to destroy what was perceived as a hostile target.
• Iran’s military command and control did not address the failures of the surface-to-air missile unit operator in a timely manner and completely failed to put in place the necessary measures to prevent this disaster.

The forensic team analyzed every available piece of information, evidence and intelligence to develop their report and found no information to indicate that the downing of Flight PS752 was premeditated.

Even though  the Forensic Team found no evidence that the downing of PS752 was a premeditated attack, it does not diminish  Iran's complete and total responsibility for the downing of PS752 and the deaths of 176 people.

Transportation Safety Board of Canada

Immediately after the downing of PS752, the TSB appointed an expert to the safety investigation, as entitled by Annex 13 to the Chicago Convention. Within days of the crash, TSB investigators travelled to Iran and visited the site of the crash, and met with Iran’s Aircraft Accident Investigation Board (AAIB).

In July 2020, the TSB was invited by the AAIB to take part in the download of the flight recorders at France’s Bureau d’enquêtes et d’analyses pour la sécurité de l’aviation civile in Paris. In February 2021, the TSB expert was appointed by the National Bureau of Air Accidents Investigation of Ukraine as a technical adviser and received a copy of the draft safety investigation report for review, and subsequently provided feedback to Ukraine’s accredited representative. Following the release of Iran’s final report, the TSB conducted an analysis and provided its comments on March 18, 2021.

In May 2021, the TSB submitted a working paper to the ICAO for consideration during its Accident Investigation Group Panel, which addressed the potential for conflict-of-interest situations in future safety investigations in which the state of occurrence is directly involved in the downing of a civilian aircraft. For more information on the TSB’s role in this safety investigation, see the TSB’s air transportation safety investigation, A20F0002.

Criminal investigation

Canada and the other members of the International Coordination and Response Group for the victims of Flight PS752 have called for accountability for those responsible for the tragedy through an independent criminal investigation followed by transparent and impartial judicial proceedings that conform to international standards of due process and human rights.

In early 2020, the RCMP Federal Policing National Security Program engaged with its Ukrainian counterpart to support the Prosecutor General Office (PGO) of Ukraine’s investigation into the matter under Ukraine’s criminal law. The RCMP also completed all investigative activities requested by the PGO and is ready to provide further assistance when the PGO is able to continue its investigative efforts.

The RCMP is also providing investigative support and assisting Canadian government agencies that are involved with the Coordination Group’s efforts to hold Iran accountable in accordance with international law.

The RCMP remains committed to continuing its law enforcement assistance to Ukraine, as well as to ensuring they provide the victims’ families, and loved ones affected, with support services.

Canadians and all individuals living in Canada should feel safe and free from criminal activity. The RCMP is aware of allegations of intimidation of the grieving families of the PS752 and such complaints are taken seriously.

Anyone who is concerned for their immediate safety should contact their local police by dialing 911. Once an incident has been reported to local police, families are asked to advise the RCMP using the following email address PS752@rcmp-grc.gc.ca. 

Families are also encouraged to contact the RCMP at PS752@rcmp-grc.gc.ca if they have information that may assist with criminal investigations or if they need assistance in contacting victim support in their local area.

Iran’s sham trials

On April 18, 2023, Iran announced the verdict in the criminal trials against the alleged perpetrators of the downing of Flight PS752. The Coordination Group issued a statement noting that the trials are a sham and will not distract from Iran’s failure to meet its international obligations. Neither the trials nor the verdicts brings truth and justice to the families, as the entire process – starting with Iran’s biased investigation into the downing – lacked the necessary transparency and impartiality.

Safer Skies Initiative

As part of its response to the downing of Ukraine International Airlines Flight PS752, Canada established the Safer Skies Initiative. The initiative brings together the global civil aviation community to work toward enhancing the safety and security of aviation operations in higher-risk areas and to prevent future tragedies like PS752 from ever happening again.

As part of the Safer Skies Initiative, Canada established the Conflict Zone Information Office after closely studying international best practices. This office enhances Canada’s ability to monitor foreign conflict zones and to rapidly warn Canadian air operators of new or emerging risks in these areas.

Internationally, Canada is facilitating the realization of key activities under the Safer Skies Initiative, including:

• Chairing the Safer Skies Consultative Committee (SSCC), which was established to ensure that continued progress is made toward mitigating the risks posed by conflict zones on a global level. It is composed of subject-matter experts from key states, organizations and industry partners.
• Hosting the first and second Safer Skies Forum in December 2020, and March 2022, respectively. These two virtual events brought together like-minded states from around the globe and stakeholders from more than 30 industry and international organizations to share best practices related to conflict zone risk mitigation, build global consensus and promote capacity building with international partners.
• The third Safer Skies Forum was co-hosted by Canada and the Netherlands and occurred in person, in The Hague, in June 2023.

Safer Skies Forum final reports

• Safer Skies Forum Final Report
• Second Safer Skies Forum Report

In addition to supporting ongoing efforts to improve the international regime related to civil aviation and conflict zones, Canada is leading efforts and vocalizing support for the ICAO to advance the widespread and effective implementation of standards and recommended practices to mitigate the risks associated with conflict zones.

In support of this effort, in the Fall of 2022, Canada, together with the European Civil Aviation Conference, submitted a joint Working Paper to ICAO’s 41^st Assembly. The paper highlighted global and regional conflict zone risk mitigation initiatives and requested that ICAO prioritize the review of Doc 10084: Risk Assessment Manual for Aircraft Operations Over or Near Conflict Zones.

Security and Safety Situation in Iran

For more information and updates on the security situation in Iran, consult Canada’s travel advice and advisories.

The Government of Canada is monitoring the situation closely in the Middle East and is in close contact with the U.S. Federal Aviation Administration and other international partners.

Related links

• Air transportation safety investigation A20F0002
• Canada Border Services Agency
• Immigration, Refugees and Citizenship Canada
• Transport Canada
• Transportation Safety Board of Canada
• Embassy of Canada to Türkiye in Ankara
• Embassy of Canada to Ukraine

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