Please sign and share to save the Gaza-based children and grandchildren of 74-year-old Canadian-Palestinian Mohammed Nofal: https://www.change.org/p/canada-must-issue-permits-to-leave-gaza-for-4-grandchildren-of-canadian-family We demand that the Canadian government immediately issue emergency travel documents and temporary resident visas to allow all of Mr. Nofal’s family to escape the brutal bombardments and desperate conditions in Gaza, described by the United Nations as a humanitarian catastrophe. Canada must also urgently implement a special immigration measures program – similar to the fast-track entry program that allowed Ukrainians to escape the Russian invasion – for all loved ones of Canadian-based Palestinians desperate to save children, grandchildren, aunts, uncles, grandparents. In other words, all family members.
A BUREAUCRATIC NIGHTMARE
Shortly after Global Affairs Canada (GAC) Minister Melanie Joly’s October 14 statement that “Gaza is one of the worst places on Earth to be right now,” Mr. Nofal and his Ontario family reached out to GAC to seek assistance in helping evacuate their four grandkids: two girls and two boys aged 5 to 17 years old.
At first, they felt hope because GAC had advised that the evacuation criteria included “The non-Canadian grand-child (under 22) and non-Canadian child (under 22) of a Canadian Citizen or Permanent Resident”. Since that meant his non-Canadian grandchildren could qualify, Mr. Nofal and his Canadian daughter Wesam, wrote to The Emergency Watch and Response Centre (EWRC) to urgently coordinate the evacuation of his grandchildren. The EWRC requested more details about their relatives, which they provided, including passport ID pages for Mr. Nofal’s four (4) grandchildren, as well as for the kids’ parents, Amjad and Hayat Nofal
CANADA FORCIBLY SEPARATES CHILDREN
Shamefully, an individual from EWRC/Global Affairs Canada called to say that – in a continuation of a shameful Canadian tradition rooted in the discriminatory forced separation of Indigenous children from their parents – GAC could assist in the evacuation of the four grandchildren, But not for those kids’ parents. Though devastated that Canada would not evacuate the parents along with these children, the Nofal family felt forced to do everything they could to protect the grandchildren, and requested that Canada proceed with evacuating them to save their lives. Location details for the children was shared.
In a disturbing violation of their earlier stated policy, Global Affairs Canada then declared the grandchildren ineligible for assistance, writing “we regret to inform you that your family members (grandchildren and your adult son) listed below don’t meet the criteria of immediate family members. Therefore, we are not able to provide any assistance or take your information for a possible future travel departure, unfortunately”. In the same email right below this sentence, the eligibility criteria which INCLUDES grandchildren was reiterated “The non-Canadian grand-child (under 22) and non-Canadian child (under 22) of a Canadian Citizen or Permanent Resident (accompanied)”.
CANADA CHANGES CRITERIA
On October 22, 2023, the family received another email that completely changed the criteria and only listed a spouse or common-law partner of a Canadian citizen, a minor child (under 22 years of age and unmarried) of a Canadian citizen and a parent of a minor child (under 22 years of age) who is a Canadian citizen.
The email stated “Unfortunately, it seems like there was an error when we provided a response on the definition of immediate family in regards to Assisted Departure for Canadians and Permanent Residents. We understand that the situation is stressful and frustrating and I want to offer our sincere apology. I have relayed the information that we have made an error and we are taking corrective measures if a message was sent with the wrong information for the definition”. Global Affairs Canada stated definitions are defined by Immigration, Refugees and Citizenship Canada, and not by Global Affairs Canada.
Confused and disheartened by the lack of clarity and ad-hoc approach by the EWRC and Global Affairs Canada, the Nofal family reached out to their Member of Parliament, who was able to arrange an in-person meeting with Prime Minister Justin Trudeau on November 1, 2023. The Nofal family explained what had transpired and the lack of clarity and flip-flop by Global Affairs Canada.
CANADA REVERTS BACK TO ORIGINAL CRITERIA
Subsequently, on November 4, 2023, the family followed up with Global Affairs Canada again. To their surprise, GAC reverted to the original criteria, which included grandchildren of a Canadian as those meeting the eligibility. After several back-and-forth emails clarifying the grandchildren's age, Global Affairs Canada stated that Mr. Nofal needed to have custody in order to facilitate the evacuation of his grandchildren.
Upon being advised that he needed custody, Mr. Nofal immediately began proceedings and hired a lawyer in Ramallah to assist with the matter. He submitted custody papers on November 20, 2023 and that same day, an Interim Guardianship Deed was issued by the Supreme Judge Council Shar’ia Court of Ramallah & Al-Bireh. Although this interim order could not be finalized due to the ongoing war, it was immediately shared with the Canadian officials in Ramallah and IRCC.
Upon receipt of the custody order, Global Affairs Canada acknowledged their efforts but asked for an Ontario family law lawyer to review and confirm if the custody document was enforceable in Canada. The family sought and obtained a certified legal opinion from an Ontario Family Law specialist who confirmed the enforceability of the Interim Guardianship Deed. This was immediately shared with Global Affairs Canada on November 22, 2023.
CANADA CHANGES MIND AGAIN
Despite the Nofal family following their instructions, Global Affairs Canada concluded the grandchildren were still not eligible, once again contradicting their earlier assurances.
With the astronomical death count climbing higher each hour, the Nofal family has filed a legal case seeking an immediate issuance of permits. “In this case, we are making an accusation for abuse of power, for giving us misleading information and creating a discriminatory policy for evacuation,” explains the children’s Canadian aunt, Wesam.
CTV reports that “Nofal alleges that the federal government was willing to evacuate the foreign children and grandchildren of Canadians and permanent residents living in Israel, but was unwilling to do the same for Palestinian-Canadians with loved ones trapped in Gaza. The lawsuit also alleges that Israeli-Canadians were given a special code to expedite visitor visas while Palestinian-Canadians were not.
Between Oct. 12 and 23, more than 1,600 people boarded Canadian airlifts from Israel.
“I’m happy they are treating Canadian-Israelis the proper way, but the Canadian-Palestinians have been dehumanized and treated as second class citizens,” said Wesam.
CANADIAN MISTAKES COST LIVES
Even Immigration Minister Marc Miller told a House of Commons committee, “It doesn't make sense to deny children. We have a limited window to advocate for a limited group of people. We’re talking about a war zone and it's one where we have tried our best to be flexible and mistakes are made at times.” But rather than acting immediately to save these grandchildren, Miller shrugged his shoulders and acknowledged mistakes could come “with the effect it cost sometimes peoples’ lives.”
“I am broken,” says Grandfather Mohammad Nofal.
Wesam, meanwhile, speaks of the brutal conditions of other family members she would like to see evacuated from Gaza.
“My mother-in-law, at 70, and my three-month-old niece struggle in deplorable conditions—lacking basic necessities like milk, clean water, and food. Their messages echo despair and a desperate plea for safety as they navigate life as refugees seeking solace.
"My sister-in-law battles to stretch a small amount of milk, hoping her daughter, Amal, named after hope, will find sustenance as she reaches four months. The thought of these young ones, Amal and Fulla, enduring such hardships amid their innocence is heart-wrenching.
"My mother-in-law, a former professor with a Ph.D. in psychiatry, dreams of aiding her community and reuniting with her scattered family, a desire to continue her work in mental health. Her longing is simple—surrounded by loved ones and making a meaningful impact.”
IMMEDIATE ACTION
Canada must issue visas to all members of the Nofal family and immediately implement emergency measures to allow the entry of all Gaza loved ones with family in Canada.