‘Huge win for Palestinian activism’: Canadian court rules settlement wines can’t be labeled “Product of Israel”
The landmark ruling in Kattenburg vs. Attorney General of Canada
was decided by Justice Anne Mactavish, who said in her decision that
labeling settlement wines, made in the occupied West Bank, as products
of Israel was “false, misleading and deceptive.”
Dr. David Kattenburg, an educator, social justice
advocate, and longtime pro-Palestine activist, said he was overjoyed
when the judge ruled in his favor on Tuesday, July 29th.
“We hit it out of the park,” he told Mondoweiss,
adding that while he had faith in the Canadian justice system, he was
anticipating a loss. “I was incredibly happy when I read the judge’s
decision.”
Judge Mactavish’s decision stated the following:
“While there is profound disagreement between those involved in this matter as to the legal status of Israeli settlements in the West Bank, I do not need to resolve that question in this case. Whatever the status of Israeli settlements in the West Bank may be, all of the parties and interveners agree that the settlements in issue in this case are not part of the State of Israel. Consequently, labelling the settlement wines as “Products of Israel” is both inaccurate and misleading, with the result that [the decision by the Complaints & Appeals Office (CAO) of the Canadian Food Inspection Agency (CFIA)] affirming that settlement wines may be so labelled was unreasonable.”
She went on to affirm that “one peaceful way in
which people can express their political views is through their
purchasing decisions. To be able to express their views in this manner,
however, consumers have to be provided with accurate information as to
the source of the products in question.”
Mactavish concluded that due to their “misleading” nature, the labelling must be changed, a decision she left up to the CFIA.
“Canadian citizens, citizens in free societies have a
right to truthful information upon which they can behave responsibly in
democratic societies,” Kattenburg told Mondoweiss. “And the judge ruled that false labeling infringes on that right to exercise conscious consumer choices.”
“That’s why this decision is so amazing,” he said.
“It reinforced the fact that Israel does not have the right to violate
international law and conceal its violations to people who wish to hold
them accountable.”
Years in the making
The judge’s decision on Tuesday was a long time
coming for Kattenburg, who first filed a complaint back in 2017 to the
Liquor Control Board of Ontario (LCBO), one of the world’s largest
buyers and sellers of alcohol, when he noticed that the retailer was
selling two brands of settlement wine labeled as products of Israel.
Label on a bottle of wine at the Psagot Winery, outside of Ramallah in the West Bank. (Photo: David Kattenburg)
“I thought, Israel is staking claims of sovereignty over stolen land on Canadian store shelves,” Kattenburg told Mondoweiss. “This is how I interpreted the ‘Product of Israel’ designation.”
But after getting no response from the LCBO,
Kattenburg decided to file a complaint with the CFIA. After six months
of deliberation, the CFIA announced its position that, yes, the wines
were mislabelled.
The CFIA quickly reversed its decision, however,
after immense pressure from Israeli government officials and pro-Israel
organizations in Canada. Kattenburg called the quick reversal “obscene.”
So Kattenburg appealed the decision, only to be
rejected. When he exhausted all other legal avenues, he filed his suit
in federal court with the assistance of Attorney Dimitri Lascaris, who
took the case pro bono.
When asked what motivated him to take the issue up to federal court, Kattenburg told Mondoweiss
that he couldn’t ignore the fact that by allowing the LCBO to stock
shelves with mislabeled settlement wine, “Canada, which declares
settlements illegal, was essentially endorsing Israel’s annexation of
the West Bank.”
“That was outrageous to me,” Kattenburg said. “These
labels are not anodyne designations, like ‘product of France’ or
‘product of Chile’.”
“Labeling settlement wines as products of Israel is
clearly a political statement, that ‘this land belongs to the Jews and
is Israeli land.’”
Global impact
The judge’s decision is being celebrated by
Kattenburg and other pro-Palestine activists as a huge win for global
Palestinian advocacy.
“In effect, the federal court ruled that, without
explicitly mentioning BDS, that boycotts are perfectly legitimate, and
false misleading and deceptive labeling infringes on that right, which
is amazing!” Kattenburg told Mondoweiss.
By saying that Canadians have the right to choose to
purchase goods based on beliefs that are political and ethical in
nature, the ruling “constitutes an endorsement of boycotts,” he said.
“This is huge for Palestinian activism in Canada, and around the world,” Kattenburg said, highlighting similar efforts being taken in the EU against the mislabeling of Israeli settlement wines.
“Some people think ‘oh it’s just wine labelling,
what does it really matter? How is this going to promote peace and
justice in Palestine? But i think it’s a pivotal development. It drives a
major wedge into Israel’s settlement enterprise.”
Kattenburg acknowledged that it will “take a whole
lot more than judicial decisions like this to reverse Israel’s creeping
annexation of the West Bank.”
“But pronouncements like this consolidate the view
within the international legal community that settlements are flagrantly
illegal and without effect.”
The fight continues
While Kattenburg is celebrating the court’s decision as a huge win, he knows the fight isn’t over yet.
The government has until September to file an
appeal, and with federal elections coming up and continued pressure from
the Israeli lobby, Kattenburg believes they are likely to appeal the
judge’s decision.
NPR
quoted Shimon Koffler Fogel, President and CEO of the Canadian-based
Centre for Israel and Jewish Affairs, as saying the judge’s ruling
featured “substantive errors.”
“Current labelling practices are fully consistent
with the Canada-Israel Free Trade Agreement, as well as Canadian and
international law. This is why we are urging the Government of Canada to
appeal this misguided ruling,” NPR quoted Fogel as saying, adding that
the CEO “plans to consult with legal experts and seek intervenor status
should the case be appealed.”
Kattenburg says he hopes that if the case goes up to
the federal court of appeals, that the court uphold Judge Mactavish’s
ruling.
“Truthful settlement labeling constitutes more than
just correct labeling,” he told Mondoweiss. “It it constitutes or
embodies a statement that the West Bank is not in fact a part of Israel,
that the settlements are illegal, and that economic aid and support for
the settlement enterprise is illegal under international law, and
citizens have the right to act on that information.”
Kattenburg told Mondoweiss that he, along with his lawyers, are gearing up for a battle in the appeals court, promising to fight until the end.
“But we need people’s support,” he said, urging supporters of his case and the Palestinian cause to donate to his GoFundMe campaign, called “Label the Occupation.”
The money will be spent on legal costs, while any unused funds will be
donated to not-for-profit Palestinian solidarity organizations in
Canada.
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