Canadian Court Rejects Flight PS752 Victims' Families' Request to Seize Iranian Assets

The Supreme Court of Canada rejected the appeal by the families of the victims of Flight PS752 for the seizure of Iranian state assets and bank holdings in Canada in exchange for unpaid compensation from Tehran. On Thursday, June 1, the Supreme Court announced that it would not consider the request from the families of the victims of Flight PS752 for the confiscation of Iranian state assets in Canada, despite Iran being held liable for millions of dollars in unpaid compensation. Previously, the Ontario Court of Appeal had ruled in 2021 that the Islamic Republic of Iran had intentionally shot down the Ukrainian aircraft with 176 passengers and crew in a 'terrorist act.' The Canadian federal government also recognized Iran's responsibility for the destruction of the aircraft in 2021. Experts in the Ontario court argued that given the advanced Russian 'Tor M-1' anti-aircraft missile systems, the need for coordination and orders, and the firing of two missiles, the downing of the aircraft was an intentional act. An Ontario court in August 2023 ruled that Iran must pay $142 million in damages to the families of eight victims of the PS752 downing. Another court had previously ordered Iran to pay $107 million to six families of victims. Combining these two rulings, Iran was ordered to pay $250 million to the families of 14 victims. However, Iran has not compensated these families and did not appear in court to defend itself. On the other hand, the Iranian Foreign Ministry called this ruling 'shameful' and stated that 'the issuance of this ruling has no legal basis.' After Tehran refused to pay compensation, the families of the victims decided to request the seizure of Iranian properties and bank accounts in Canada. However, the Ontario court argued that under international law, courts do not have the authority to allow families to seize Iranian assets. A judge in the Supreme Court of Canada defended the government, emphasizing that Iranian assets in Canada are protected under 'diplomatic immunity' laws. This ruling comes as the International Court of Justice (ICJ) announced in July 2023 that the Islamic Republic has taken the Canadian government to court for 'violating state immunity' and placing Iran on the list of state sponsors of terrorism. The Iranian government has claimed that Canada has violated international laws with court rulings regarding the transfer of Iranian assets to victims of attacks by groups supported by the Islamic Republic. Mark Arnold, the lawyer for the families of the Ukrainian flight victims, stated in an interview with CBS News that the rejection of the appeal for the seizure of Iranian assets was 'not unexpected' but still disappointing. He criticized the Canadian federal government as 'hypocritical,' noting that they condemned Iran's actions four and a half years ago while claiming to protect Iran's interests in Canada. Previously, lawyers for this case argued that Tehran's 'diplomatic immunity' was revoked a decade ago with the expulsion of its diplomats from Canada, and the Canadian government had previously questioned this diplomatic immunity. Arnold argued that Canada and Iran severed diplomatic relations in 2012, and therefore Iranian assets should not be protected in Canada. He mentioned that the resolution of this case in Canada is clear, and he is trying to negotiate with the European legal system to 'force Iran to pay there.' Arnold remarked that this is a long battle and stated, 'Honestly, this is a fight that the families of these victims should never have to endure.' Flight PS752, a Ukrainian International Airlines aircraft, was shot down shortly after taking off from Tehran International Airport on January 8, 2020, by two missiles fired by the Islamic Revolutionary Guard Corps, killing all 176 on board. After several days of concealment and contradictory statements, the Islamic Republic finally admitted that the IRGC had shot down the passenger plane, attributing the shooting to 'human error.' Ukraine, Canada, and some observers do not accept this claim and believe that the Iranian government is covering up the main reasons for the incident. Iranian officials have not provided a clear explanation regarding the downing of the Ukrainian passenger plane and have reportedly intimidated the families of the PS752 victims. The Canadian Security Intelligence Service has stated that it has 'credible reports' of harassment and intimidation of the families and relatives of the victims in Canada. Human Rights Watch also reported on June 27, 2021, that since the downing of the Ukrainian plane by the IRGC, the families of the victims have been systematically targeted for harassment by Iranian government officials.