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Hamas-linked charity can't use taxpayer funds for legal defence: Federal Court
5-05-2015
MONTREAL — Federal Court has dismissed a bid by the terrorist-linked charity IRFAN-Canada to have taxpayers cover its legal costs.
The Mississauga, Ont. charity is challenging Canada's decision last year to list the group as a terrorist entity for allegedly funnelling $14.6 million to Hamas between 2005 and 2009.
IRFAN is fighting the designation in court but says the government put it in a "catch-22" last November by barring it from raising new money.
IRFAN asked the attorney general to foot the bill.
Federal Court judge Anne L. Mactavish's decision, released Tuesday morning, said IRFAN refused to provide detailed financial statements.
"The jurisprudence clearly puts the burden on the party seeking (the) order for advance costs," the judge ruled in Ottawa.
The Canada Revenue Agency revoked IRFAN-Canada's charity status in 2010, saying the group donated $14.6 million in cash and goods to a dozen groups owned or controlled by Hamas.
In 2007, prosecutors in Texas listed "Jerusalem Fund, aka IRFAN-Canada" as an unindicted co-conspirator in the Holy Land Foundation terror financing case, saying it was part of "the global Hamas financing mechanism."
The RCMP raided IRFAN locations in April 2014 and seized materials that "demonize Israel," along with donation forms.
IRFAN lawyer Yavar Hameed said in a statement to Postmedia Network that all of the allegations are false.
"The nebulous allegations of guilt by association that flow from IRFAN-Canada's listing as a terrorist entity otherwise feed into an agenda of fear mongering against Muslim groups that is being promoted by the Harper government."
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