Samidoun issues cease-and-desist to Trudeau, Poilievre, LeBlanc

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Samidoun, the anti-Israel advocacy group based in Vancouver that was recently added to Canada’s terror list, is threatening to sue Prime Minister Justin Trudeau and Conservative Leader Pierre Poilievre for “recklessly and maliciously” accusing Samidoun of being a terrorist entity.

The letter also threatens to sue Dominic LeBlanc, Canada’s public safety minister, and demands a retraction and apology from each of the three politicians.

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“The Liberals cannot legislate away our right to free speech. If they contend we are terrorists, let them prove it in court,” said Charlotte Kates, one of Samidoun’s founding members, in a statement.

Kates herself has been under a Vancouver police hate-speech investigation for months, although no charges have been laid, following a speech in which she praised the October 7 Hamas attack on Israel.

“The mask has been ripped off, and now they are trying to desperately put the genie back in the bottle,” said Michael Westcott, the CEO of Allies for a Strong Canada, a group founded to stand against rising antisemitism in Canada.

“They are reaping what they have sown. And if they don’t like that, perhaps they should have considered that before calling for the destruction of not only our allies, but of Canada as well.”

The letter, sent by Toronto lawyer Stephen Ellis, is a cease-and-desist notice to Trudeau, Poilievre and LeBlanc, warning them that they may face a libel lawsuit if they continue to call Samidoun a terrorist group. Ellis, a co-founder of the Legal Centre for Palestine, also represented former Ontario NDP MPP Sarah Jama, who threatened libel action against Ontario Premier Doug Ford, who said Jama has a “long and well-documented history of antisemitism.”

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Last Tuesday, the Canadian government added Samidoun to its list of terrorist entities, where it joins groups such as the Proud Boys, the Islamic State, Hamas and al-Qaida. The United States also announced that it was designating Samidoun a terrorist entity and Khaled Barakat, who is married to Kates, has been designated a terrorist by the United States’ government and identified as a member of the leadership of the Popular Front for the Liberation of Palestine.

In a statement posted to X, Trudeau called Samidoun “a front organization that acts in association with terrorist groups like the PFLP” (Popular Front for the Liberation of Palestine) and notes that it “is now a listed terrorist entity in Canada and the United States.”

Poilievre, who had called on the Liberals to designate Samidoun a terror entity prior to the actual designation, wrote on X on Oct. 8 that Samidoun had “clear and direct ties to designated terror groups abroad.” In a separate post to Instagram calling on the federal government to “Ban Samidoun,” Poilievre claimed Trudeau and the federal NDP “have allowed terrorist organizations to operate freely across Canada.” In the cease-and-desist notice, Ellis lists these and other allegedly libellous statements Poilievre made about the group.

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Sebastian Skamski, a spokesperson for Poilievre, wrote in an email that “they are a banned terrorist group, under Canadian law. Mr. Poilievre will make no apologies for calling out terrorists who chant ‘death to Canada’ and burn our flag.”

Gabriel Brunet, a spokesperson for LeBlanc, responded with an emailed statement that did not address the cease-and-desist letter, but rather said Samidoun has previously been banned in Germany and that it has links with the PFLP. “On the advice of our national security and intelligence agencies, the government has listed Samidoun a terrorist entity,” Brunet wrote.

National Post sought comment from Trudeau’s office about the letter. It said it had nothing to add to what LeBlanc’s office said.

LeBlanc has been quoted by CBC News as saying “violent extremism, acts of terrorism or terrorist financing have no place in Canadian society.”

The Samidoun letter says that between the three politicians, their “defamatory publications to date have been viewed many thousands of times.” It says the three “recklessly and maliciously” stated that Samidoun is a terror group; that it is engaged in terrorist activities; that it is a front group for terror organizations; that it has ties to terror groups; that it is extremist and violent; and is involved in terrorist financing.

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“The suit will force the biggest mouths in government to actually show proof of the allegation of terrorist activity. It is very dangerous if we allow a government to decide who gets to enjoy full rights and who doesn’t without showing actual proof,” Ellis said in an email, while conceding he couldn’t think of a precedent for this sort of case. 

In a statement posted last week, Samidoun condemned its designation in Canada and the United States and said, “Samidoun does not have any material or organizational ties to entities listed on the terrorist lists of the United States, Canada or the European Union.”

David Cooper, vice-president of government relations for the Centre for Israel and Jewish Affairs, said that if Samidoun feels the designation itself is unfair, there’s a process set out whereby they can seek a review of Public Safety Canada’s decision in the Federal Court.

Most groups that are trying to stay off the government’s radar screen in terms of a (terrorist) designation generally operate below the radar screen

David Cooper

“Short of them doing that, they have no right to tell anyone to cease and desist from commenting on their organization,” Cooper said. “Most groups that are trying to stay off the government’s radar screen in terms of a (terrorist) designation generally operate below the radar screen. They’ve done everything in the opposite direction.”

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The letter says that the statements from Poilievre, Trudeau and LeBlanc claim Samidoun incites hatred and violence, is engaging in violence and intimidation and is a danger to the Jewish population and broader Canadian public.

“It is also our considered opinion that the above statements easily meet the test of defamatory statements as contemplated by the Libel and Slander Act of Ontario and damages have been occasioned as a result,” the letter says.

It calls on Trudeau, Poilievre and LeBlanc to refrain from publishing the allegedly defamatory remarks, a retraction of the posts and the publication of an apology.

If that is not done, a libel lawsuit could follow.

Alan McConchie, a defamation lawyer based in Vancouver, said that while there are certain immunities from defamation suits — say, for statements made in the House of Commons — politicians, generally speaking, have the same rights, and risks, as other Canadians and can be sued for any statements that a person or entity believes has harmed their reputation.

“To the extent that they’re just repeating fairly and accurately after the fact that Samidoun has been added to this list pursuant to the jurisdiction under the Criminal Code, they would enjoy a fair and accurate reporting privilege,” McConchie said in an interview.

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(Fair and accurate reporting privilege is one defence that can be used in court when sued for defamation.)

“To the extent they may have said anything that is otherwise not strictly a fair and accurate report — the mere fact this entity’s on this list of entities — now they would have to look to other defences,” McConchie said.

If Samidoun goes ahead with a lawsuit, they would also subject themselves to discovery by the defendants and be compelled to testify in court, which can be a risk. There could also be the Streisand Effect — far more attention called to the initial comments than would otherwise have been had it just be left alone, McConchie said.

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