By Mark Freiman and Mark Sandler
For far too long, Samidoun, also known as the Palestinian Prisoner Solidarity Network, and its leaders, Charlotte Kates and Khaled Barakat, have incited hate-motivated violence, glorified terror and flaunted their connection to the Popular Front for the Liberation of Palestine (PFLP) terrorist group, all the while enjoying the benefits of non-profit status in Canada.
After the October 7 attack by Hamas in 2023, Samidoun’s activities escalated dangerously, not just threatening the safety of Canada’s Jewish community but also the very fabric of Canadian society — take burning the Canadian flag and chanting “Death to Canada” as examples.
For years, Jewish organizations have sounded alarm bells and urged the federal government to outlaw this dangerous group, as had been done by Germany. The evidence that Samidoun was supporting terrorism, and doing so with impunity, was overwhelming. Finally, on Oct. 15, 2024, the governments of Canada and the United States officially listed Samidoun as a terrorist entity.
So, what does Samidoun’s designation as a terror group mean for Canada? And what must happen next?
The joint Canada-U.S. announcement recognized that “Organizations like Samidoun … claim to provide humanitarian support to those in need, yet in reality divert funds for much-needed assistance to support terrorist groups.”
The idea that any listed terrorist group could continue operating under the guise of a non-profit organization is ludicrous, but Samidoun’s not-for-profit corporate status is currently “active.” First and foremost, it is imperative that the government immediately revoke Samidoun’s active status. It is equally imperative that government agencies and law enforcement trace the sources of funds directed to Samidoun and determine whether they were used for illegal purposes, including assistance to terrorist groups.
The Canadian designation also makes it a crime now for anyone to collect property (including donated money) for Samidoun’s benefit, invite others to provide property or financial services for Samidoun or enter into any Samidoun-related property transactions. These provisions must be strictly and promptly enforced. The attorney general must also take timely steps, authorized under the Criminal Code, to seek judicial forfeiture of any Samidoun property.
Action must also be taken against Kates and Barakat, Samidoun’s leaders. There is a wealth of material available to law enforcement nationwide about their activities, so it is essential that all provinces where Samidoun has operated investigate their involvement in criminal activities, including multiple incidents of overt criminal hate speech. It has been over five months since Kates was first apprehended by B.C. authorities for hate-related criminal conduct; now that Samidoun is officially a terrorist group, authorities should finish the work and decide whether she should be charged. The judicially authorized search by Vancouver police of Kates’ home this past week for evidence relating to potential hate crime charges demonstrates that her ongoing activities are the subject of active investigation.
Barakat’s classification by the United States as a terrorist should prompt Canadian authorities to prioritize an investigation into his criminal activities as well. Those activities are not confined to Canada. Given that social media suggests Barakat has travelled to Lebanon, and that our Criminal Code specifically provides for prosecution in Canada against those who leave Canada to participate in activities of a terrorist group, Canadian law enforcement agencies should also investigate his activities abroad.
It is a criminal offence to directly or indirectly participate in or contribute to a terrorist group’s activities. For that reason, law enforcement agencies must also prioritize investigations into others involved with Samidoun, such as its directors. These investigations must include related entities or “alter egos” that Samidoun may use to mask its continuing unlawful conduct. The authorities must also consider whether to seek special warrants to seize hard copy or electronic terrorist or hate propaganda, and address access to social media platforms to spread hate and support terrorism.
Finally, the authorities must consider whether denaturalization proceedings are available in relation to Samidoun’s leaders who may have entered Canada or gained Canadian citizenship under false pretenses.
We fully support the evidence-based designation of Samidoun as a terrorist entity. We now call on the authorities to use all available tools to confront this group and those involved in its illegal activities, whether covertly or otherwise.
The listing of Samidoun under the Canadian Criminal Code marks a crucial, albeit preliminary, step in the broader fight against hate and extremism. However, without decisive follow-up, this designation risks having a limited impact. Government agencies and law enforcement must work together to dismantle Samidoun’s operations and, to the extent possible, keep the public informed of the steps being taken. Only with meaningful action can we ensure the safety and security of all Canadians.
National Post
Mark Freiman is co-chair of the Centre for Israel and Jewish Affairs’ Legal Task Force. He is formerly the Deputy Attorney General of Ontario and head of the Canadian Jewish Congress. Mark Sandler is the Chair of the Alliance of Canadians Combatting Antisemitism (ALCCA), a former National Chair of B’nai Brith League for Human Rights and a frequent lecturer on criminal law measures to combat hate.