Action against Canada for alleged failure to prevent genocide struck as non-justiciable foreign policy matter.
The moving party brought a motion to strike the respondents' action, which sought declarations that the government failed in its duty under the Genocide Convention to prevent a foreign state from committing an alleged genocide.
The respondents also alleged violations of their sections 7 and 15 Charter rights.
The court granted the motion to strike, finding that the claims were non-justiciable as they involved the exercise of Crown prerogative in foreign affairs and international relations.
The court also found no reasonable prospect of success for the Charter claims, noting a lack of causal connection for section 7 and that discretionary immigration policies do not ground a section 15 claim.
El Batnigi v. Attorney General of Canada, 2026 ONSC 2513
