Simon's Megalomaniacal Legal Resources

Military - Foreign Enlistment Act (FEA)

. R. v. Mivasair

In R. v. Mivasair (Ont CA, 2025) the Ontario Court of Appeal dismissed an appeal, this from a dismissed JR of a Crown stay of a private prosecution under the Foreign Enlistment Act (FEA).

Here the court cites a provision of the rarely-prosecuted FEA:

[7] The appellants became concerned about the activities of Sar-El Canada (“Sar-El”). The appellants allege that Sar-El was recruiting volunteers in Canada to enlist or accept other engagements in Israel’s armed forces.

[8] The appellants formed the view that the actions of Sar-El in Canada contravened s. 11 of the Foreign Enlistment Act, R.S.C. 1985, c. F-28 (the “FEA”).

[9] Section 11 of the FEA provides as follows:

Recruiting

11 (1) Any person who, within Canada, recruits or otherwise induces any person or body of persons to enlist or to accept any commission or engagement in the armed forces of any foreign state or other armed forces operating in that state is guilty of an offence.

Exception

(2) Subsection (1) does not apply to the action of foreign consular or diplomatic officers or agents in enlisting persons who are nationals of the countries they represent and not Canadian nationals, in conformity with the regulations of the Governor in Council.