BenchPress.

• Date: 01 November 2019
• Author: Steingard, Jessica

Wines from the West Bank not "Products of Israel"

Kattenburg v Canada (Attorney General), 2019 FC1003

The applicant, Dr. Kattenburg, is described as a wine lover and activist. He filed a complaint with the Canadian Food Inspection Agency (CFIA) that wines from the West Bank and sold in Canada should not be labelled as "Products of Israel". The West Bank is not within the State of Israel.

CFIA administers and enforces various acts and regulations, including the Food and Drugs Act, as it relates to food. Section 5(1) of that Act reads:

No person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety. The CFIA concluded that the wines could be sold as labelled. Dr. Kattenburg appealed the decision to the CFIA's Complaints and Appeals Office (CAO). The "CAO noted that the Canada-Israel Free Trade Agreement... defines Israeli 'territory' as including areas where Israel's customs laws are applied" (at para 3). Israel's customs laws are applied in the West Bank.

The Federal Court found in favour of Dr. Kattenburg. The Court...