Canada part of bid to hold Iran legally accountable for shooting down Flight PS752

Canada will be part of an international effort to hold Iran legally responsible for shooting down of Flight PS752, which killed all 176 people on board in 2020.

Among the victims were 55 Canadians. A large number of those killed in January 2020 were students, researchers and faculty from Canadian universities.

Iran has blamed what happened on human error and said it was a mistake.

But that explanation has not prevented Canada from joining Sweden, Ukraine and the United Kingdom in taking “concrete action” against Iran, officially the Islamic Republic of Iran, for downing PS752, or Ukraine International Airlines Flight 752.

The countries are jointly requesting Iran submit to binding arbitration under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. Iran is a signatory to that convention.

“Those who lost loved ones in the downing of PS752 deserve justice,” Foreign Affairs Minister Mélanie Joly said in a statement. “We have taken an important step to advance our pursuit of that justice at the international level this week and will continue to work together to hold Iran accountable for this tragedy.”

The countries hope to reach a dispute settlement stage, the statement said.

“The Coordination Group remains committed to pursuing efforts to hold Iran accountable for its multiple breaches of its international legal obligations pursuant to several treaties. This action is part of our broader approach to ensuring there is transparency, justice and accountability for the victims and their families,” Global Affairs Canada said in a statement Wednesday.

The convention agreement requires countries to prohibit, prevent and punish offences against aircraft, including the destruction of a plane in service. If an agreement between countries on terms for an independent tribunal cannot be reached within six months, any party can refer the dispute to the International Court of Justice.

Nazanin Afshin-Jam MacKay, an Iranian-Canadian activist who is opposed to the current regime, applauded the move on Twitter.

“Minister of Foreign Affairs @melaniejoly sent a letter to families of flight ps752 that the judicial process of referring the downing of the plane to the International Court of Justice in The Hague has started today. 4 other countries will release a statement every hour,” she said.

This year, an Ontario court awarded more than $107 million to families of six victims of the downing, though it was unclear at the time how the sum might be collected.

Iran has been in the throes of anti-government protests for months after the death of Mahsa Amini in police custody after she was arrested for allegedly wearing a hijab improperly.

This month, Canada and the United States condemned the country for “brutal acts of violence against peaceful protestors and its ongoing repression of the Iranian people.”