Quebec court mulls Palestinian villagers' appeal
Last Updated: Friday, June 4, 2010 | 12:24 PM ET
CBC News
Palestinian residents in the West Bank village of Bilin are seeking the right to sue two Canadian companies for allegedly violating international law by building condominiums for Israeli settlers. (CBC)Quebec's highest court will review the case of Palestinian villagers in the West Bank who are trying to sue two Canadian companies under advisement.
The Quebec Court of Appeal on Thursday decided to take the case under advisement. That doesn't necessarily mean that it will actually hear the case.
Palestinian residents of Bilin are seeking to sue the companies — Green Park International Inc. and Green Mountain International — for allegedly violating international law by building condominiums for Israeli settlers in the area.
The residents argue Canadian courts should have jurisdiction on the case because the companies are based in Montreal.
Last fall, the case was rejected by the Quebec Superior Court.
In a judgment released Sept. 18, Quebec Superior Court Justice Louis-Paul Cullen ruled that the case was essentially a property dispute, rather than an issue of international law.
He said Israel's High Court of Justice "is the logical forum, and the authority in a better position to decide."
On Thursday, lawyers for the the residents argued that the previous court ruling had erred in its ruling.
By helping Israeli residents to settle in an occupied territory, the Palestinian residents alleged that the companies are in violation of the Geneva Conventions.
While that provision of the conventions is recognized under Canadian law, the residents said it is not incorporated into Israeli law and thus cannot be heard in that country.
Complex issue
The Palestinian residents of Bilin are also seeking $2 million in damages, and requested an injunction to demolish apartment buildings already built in Moddin Illit, a Jewish settlement northwest of Ramallah.
The case presents the court with a challenging issue, said McGill law professor René Provost.
"For the ... court in Montreal to make a finding as to the extent to which Israeli courts are going to be willing to apply directly the Geneva Conventions under Israeli law, this is a very complex issue," said Provost.
"It's very awkward for a Canadian judge to be asked to do that."
The apartment buildings are built on land that was part of a Palestinian village until Israel seized the West Bank from Jordanian control in the Six-Day War in 1967.
About 30 buildings with 250 apartments and condominiums were included in the lawsuit. Bilin, west of Ramallah, is home to about 1,700 people.
Share Tools
Latest Montreal News Headlines
- Quebec students ready for tuition hike, says one leader
- The president of Quebec's College Student Federation (FECQ), Leo Bureau-Blouin, tells CBC Radio's The House that students "are ready for a compromise on the amount of a tuition hike," as the Quebec government and the province's student associations prepare to resume talks.
more »
- Tornado touchdown confirmed near Montreal
- Trees were uprooted, roofs damaged and windows shattered as severe thunderstorms, and possibly a tornado, rattled through southwestern Quebec Friday night. more »
- Champlain Bridge road work blitz this weekend
- Transport Quebec is advising drivers to avoid the Champlain Bridge corridor this weekend as a blitz of major road work closes down some lanes. more »
- IOC's Jacques Rogge encourages Olympic bids for Quebec City, Toronto
- International Olympic Committee president Jacques Rogge believes there is an opportunity for either Quebec City or Toronto to host a future Olympic Games. more »
- Casserole pan-demonium in Quebec
- Residents take to the streets with pots and pans to protest Bill 78. more »
Top News Headlines
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- Aylmer triple stabbing leads to first-degree murder charges

- The estranged partner of a young mother who was stabbed to death along with her parents at their home in Aylmer, Que., has been charged with first-degree murder Friday. more »
- Attack on Syrian villages deadliest yet, activists say
- More than 90 people have been killed by regime forces in a district of central Syria, activists say, and as many as half the victims may have been children. more »
- The risks and responsibilities of taking on Mt. Everest

- The deaths of six climbers last weekend on Mt. Everest, with more summits underway this weekend, fuels the debate about the risks and responsibilities of high altitude climbing. more »
Most Viewed/Commented
- Tornado touchdown confirmed near Montreal
- 32nd night protest in Montreal
- Quebec students challenge Bill 78 in court
- Mysterious photos may shed light on 2004 Quebec homicide
- Quebec faces mounting pressure amid student crisis
- Ottawa man in hospital after lightning strike
- Aylmer triple stabbing leads to first-degree murder charges
- Son testifies on behalf of father accused of killing wife
- Bookies set odds on Quebec student protest

