On November 8, 2022, Saskatchewan (a Canadian province) Premier Scott Moe told CBC that Joseph Hildebrand, a recently fallen Canadian man who died in Ukraine, is a “true Saskatchewan hero.” Moe continued to say “...Canada must ensure Ukraine defeats Russia and rises again as a free, independent, prosperous nation.” This military activity is not legal however, nor is any role Canada officially plays, responsible.
In April 2022, the Hamilton Spectator reported that wealthy philanthropists are helping to facilitate the recruitment and training of Canadians to fight Ukraine’s war through the International Legion of the Defence of Ukraine. Ken Stone’s previous article for The Canada Files explained how these Canadians are mercenaries, and recruiting them is a violation of Canada’s Foreign Enlistment Act. War should not be waged by the terms of the rich and the markets, they ought to be waged justly, in defense of nations and states. Currently the official activity of Canadian Armed Forces in Ukraine has been actively training these Ukrainian forces, but not engaged directly in combat. Operation UNIFIER has gained attention for embroiling Canada’s military in training neo-Nazi extremism.
There are two levels of law that are relevant to illegal recruitment of Canadian mercenaries.
The Canadian Criminal Code contains the Foreign Enlistment Act 1985, originally passed in 1937 around the time of the Mackenzie-Papineau Brigade. The original law outlined the Canadian government’s refusal to combat fascism in Europe, erasing and criminalizing Canadians who aided the Spanish Popular Front against fascism. From its inception it was arbitrary in its vision.
It essentially criminalizes the activity we see in the present period. Ironically, when Ukrainian neo-Nazis need Canadian mercenaries in the contemporary international crisis the law is not enforced. The law appears to apply for some, but not for others. Other unpunished violations include Canadians that helped carry out the Palestinian Nakba, to present day Israeli IDF recruitment to enforce the apartheid of Palestine.
The Canadian Criminal Code is the weaker of the two law examples, interchangeably in the code mentioning 'any foreign state' on the grounds of recruiting is criminal, while actually enlisting to actively fight is found in violation only if it is against a 'friendly state'. But what is a friendly state? And who gets to decide this? (more...)
Canadians who fight in Ukraine are not heroes, but mercenaries
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