Families of Canadian October 7 victims sue Iran, Hamas, Samidoun

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The families of two Canadian-Israeli women killed in the October 7 attack on Israel are suing a wide range of organizations, arguing they’re liable for $350 million for the death of their family members.

Among them is Samidoun, a Vancouver-based activist organization that organizes anti-Israel protests that have praised Hamas’s attack and that agitates on behalf of Palestinian prisoners held in Israeli jails, some of whom are members of terrorist groups.

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The lawsuit also names Hamas and Palestinian Islamic Jihad, two of the organizations behind the October 7 attacks, Fatah, the political party of Palestinian National Authority President Mahmoud Abbas, the Iranian Revolutionary Guard Corps, and the states of Syria and Iran, among multiple other organizations.

The terror groups, the lawsuit says, either “planned, organized and carried out the 7/10 Terrorist Attacks, including the murders of Judi, Gad and Tiferet,” and the state entities “supplied the Terrorist Entity Defendants with funding, training, propaganda, safe havens and other forms of support.”

None of the allegations has been proven in court.

The lawsuit was filed by Iris Weinstein Haggai, whose mother, Judi Lynn Weinstein, and father, Gad Haggai, were killed in the attacks, and Ohad Lapidot, whose daughter, Tiferet Lapidot, was killed at the Supernova music festival.

Canada does have a legal means by which victims of terrorism can sue foreign nations in an attempt for material compensation. Joanna Harrington, an international law professor at the University of Alberta, said the legal changes in 2012 specifically designated Iran and Syria as states that no longer enjoy legal immunity from civil suits, as is the historic tradition in international law.

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“Probably Iran and/or Syria would not appear (in court). They object to this change in our law,” Harrington said. (Iran has, in fact, sued Canada at the International Court of Justice over these changes to the State Immunity Act.)

This is maybe their only possible redress

In the case of Ukrainian International Airlines Flight 752, which was shot down by Iran as it departed from Tehran, the Iranian capital, there was a default judgment against Iran in Ontario court, with $107 million awarded to six families in 2022. Yet, in that case, the victims’ families have been unable to collect the money.

“There are probably no assets against which to enforce (a judgement),” Harrington said.

The majority of the named defendants are foreign states or foreign entities, but Samidoun is notable for its presence in Canada, and its co-founders, Charlotte Kates and Khaled Barakat, have made numerous headlines over the past year. Kates, in particular, is under investigation by the Vancouver Police Department for her praise of the October 7 attack on Israel. “We stand with the Palestinian resistance and their heroic and brave action on October 7,” Kates said at a Vancouver rally in April.

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Israel has designated Samidoun a terrorist organization, citing its ties to the Popular Front for the Liberation of Palestine, a terrorist group banned by Canada that is one of the largest factions within the Palestinian Liberation Organization, which represents the Palestinian people. In October 2023, Germany banned Samidoun outright. Canada has not done so, despite a sustained campaign from Jewish advocacy groups, nor has the United States. On Tuesday, Conservative Leader Pierre Poilievre vowed to designate Samidoun as a terrorist entity, should his party form government in the next federal election, and the Liberals said the government is “considering all options” regarding Samidoun.

Kates and Barakat, prior to coming to Canada, were deported from Germany and have been subject to a petition from B’nai Brith Canada, a Jewish advocacy organization, to get them deported from Canada. (Barakat and Kates have both said they are Canadian citizens.)

“Samidoun advocates primarily for the release of leaders and members of the defendant (Popular Front for the Liberation of Palestine) imprisoned by Israel and other states for terrorism offences, and there is a substantial overlap between the leadership of Samidoun and the PFLP,” the lawsuit states.

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It argues that “Samidoun also transfers funds to the PFLP, for which it acts as a proxy,” and that Barakat, in particular, remains a member of the PFLP. It also states that Samidoun is a proxy for other terrorist entities including Hamas and that Kates, Barakat and Dave Diewert, a director with Samidoun, have committed a number of criminal offences, such as providing property for terrorist activities or for people facilitating terrorist activities, participating in the activities of terrorist groups, and others.

National Post sought comment from Samidoun on these specific allegations. The group did not respond by press time. None of the three face criminal charges.

“The Samidoun Defendants are jointly and severally liable for all losses and damages that they have suffered as a result of the deaths of Judi, Gad and Tiferet,” the lawsuit states.

The plaintiffs are suing under the federal Justice for Victims of Terrorism Act and several other statutes. That the bodies of Gad and Judi are still in Gaza is “inflicting additional indignities upon them and psychological damages upon their friends and family members.” Iris Weinstein argues that her planned launch of a textile line was interrupted by the October 7 attacks and she wants compensation “for past loss of income, future loss of income and loss of competitive advantage.”

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“What the act is there for is to hold accountable people who are … directly involved in terrorist activities, but also people who are indirectly involved and people who support those activities, because all of these things have absolutely incredible consequences,” said Gavin Tighe, one of the lawyers representing the plaintiffs.

“This is maybe their only possible redress. And I think that it’s important to bring light and awareness to this.”

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