Federal Appeal in Passport Case

Dispute over Jerusalem’s location at heart of Canadian passport fight

Steve Lambert, The Canadian Press

Published: Tuesday, May 08, 2007

WINNIPEG — A federal government lawyer is suggesting that a fight over the wording on some passports could create more tension in the Middle East and lead to security concerns for Canadians in the region.

The government is fighting an appeal by Eliyahu Yoshua Veff-er, a Jerusalem-born Toronto man who wants to have the birthplace on his passport listed as Jerusalem, Israel.

His request was denied in 2004, because Canada is among many countries that do not recognize Jerusalem, which is claimed by both Israelis and Palestinians, as belonging to either. Any passports listing Jerusalem as a birthplace do not add a country to the location.

“The international reality is that there is no sovereign (over Jerusalem) that has been recognized in international law,” federal lawyer Sharlene Telles-Langdon told the Federal Court of Appeal in Winnipeg on Tuesday.

Allowing Veff-er’s request could be seen by some Arab countries as taking sides in the Middle East dispute, Telles-Langdon argued, and could lead to trouble for Canadians abroad.

She told the Appeal Court the government would have “some immediate security concerns” if Veff-er’s request were granted.

“The case has already received international (media) coverage,” Telles-Langdon said after Tuesday’s hearing. There is not a specific security problem. It’s just such a sensitive issue.

“The region is not known for its security or stability.”

The federal government allows Canadians born in other countries the option of listing their city or country of origin, or both.

Those born in Jerusalem can list either the city or their country — in Veff-er’s case, Israel — but not both. The United States has a similar requirement.

Veff-er’s lawyer argued the rule is an infringement of his client’s charter rights.

“His equality rights and his religious rights are being violated,” David Matas said. “It affects his sense of himself, his identity, his view of who he is.”

The Federal Court of Canada rejected Veff-er’s argument last year, and Matas is hoping for more luck from the panel of three appeal judges, who reserved their decision.

He told the court the federal government allows people born in some disputed parts of the world, such as a stretch of land that borders Algeria and Morocco, the option of choosing which country they want on their passport.

The government should extend the same option to Jerusalem-born Canadians and allow them to describe it as either part of Israel or part of Jordan, according to their religious or political beliefs, he said.

The government argues doing so would amount to putting Canada’s foot down in the middle of Middle East peace talks.

“There should be no action taken by any government to prejudge the outcome of those negotiations,” Telles-Langdon said.

She also asked the court to give the government one year to comply with its decision, if it sides with Veff-er, in order to explore its options.

© The Canadian Press 2007

If you missed it last year, here's Eli's television interview from youtube.