Canadian government refuses to say whether it gave Israel, Netanyahu permission to cross Canadian airspace

Canadian government refuses to say whether it gave Israel, Netanyahu permission to cross Canadian airspace
Credit: Getty Images

The Israeli government says it asked Canada for permission before Prime Minister Benjamin Netanyahu's official aircraft entered Canadian airspace during a flight to Washington, D.C., but the federal government is refusing to say whether it approved the request. Netanyahu's Boeing 767, known as the Wing of Zion, crossed Newfoundland and Nova Scotia while travelling to meet U.S. President Donald Trump and attend the funeral of Republican Sen. Lindsey Graham. The overflight has renewed questions about Canada's obligations under international law, given that Netanyahu remains the subject of an International Criminal Court arrest warrant issued in 2024.

The International Criminal Court has accused Netanyahu of war crimes, and crimes against humanity committed during Israel's attacks on Gaza and Palestine. The warrant, issued on Nov. 21, 2024, includes allegations of murder, persecution, as well as using starvation as a method of warfare. As a signatory to the Rome Statute, Canada is obligated to comply with the court's decisions. Prime Minister Mark Carney has previously said Netanyahu would be arrested if he entered Canada, echoing a commitment first made by former prime minister Justin Trudeau while in office.

Canada does not currently link its overflight policy to law enforcement objectives except where an imminent security risk is present.

Audrey Champoux, Prime Minister's Office

Despite confirming Israel requested permission to enter Canadian airspace, Ottawa has declined to say whether approval was granted. Audrey Champoux, a spokesperson for the Prime Minister's Office, said Canada's overflight policy is not generally connected to law enforcement matters unless there is an immediate security threat. Champoux also said Canada will continue to call on Israel to comply with international law, respect ceasefire agreements, and allow humanitarian assistance into Gaza. Global Affairs Canada also reaffirmed Canada's commitment to the Rome Statute but similarly refused to confirm whether the government authorized Netanyahu's flight path.

Refusal to answer drawing criticism

The government's refusal to answer has drawn criticism from international law experts, who argue Canadian airspace falls entirely within Canada's sovereign jurisdiction. Mark Kersten, an international law professor at the University of the Fraser Valley, said foreign governments cannot independently decide to cross Canadian territory without authorization. He argued that an aircraft enters Canadian jurisdiction the moment it crosses the country's maritime boundary, making the question of government approval central to understanding whether Canada's sovereignty and international legal obligations were upheld during Netanyahu's latest trip.

It is our airspace. We have sovereign rights over that airspace.

Mark Kersten, University of the Fraser Valley

Kersten said allowing Netanyahu to cross Canadian airspace risks creating a precedent that weakens both Canada's sovereignty and the broader authority of international law. He argued that sovereignty extends beyond land borders to include territorial waters and the airspace above them, making overflight decisions more than simple aviation matters. Kersten also rejected suggestions that the issue is less significant because Netanyahu's aircraft never landed in Canada, saying control over national airspace is a core element of state sovereignty that governments must consistently defend.

Israel used to avoid Canadian airspace

Canadian Prime Minister Mark Carney speaks during a press conference after a Cabinet meeting to discuss both trade negotiations with the US and the situation in the Middle East, at the National Press Theatre in Ottawa, Ontario, Canada on July 30, 2025. Canada “intends” to recognize a Palestinian state at the UN General Assembly in September, Prime Minister Mark Carney said Wednesday, a dramatic policy shift he said was necessary to preserve hopes of a two-state solution. (Photo by Dave CHAN / AFP) (Photo by DAVE CHAN/AFP via Getty Images)

Flight records show Israel previously appeared far more cautious when planning overseas travel involving Netanyahu. During a September 2025 trip to New York, the Wing of Zion followed a significantly longer route over the Mediterranean Sea and Atlantic Ocean, avoiding Canadian airspace altogether. More recently, however, Netanyahu's aircraft has crossed Canada multiple times, including flights in December 2025 and February 2026. His latest trip marked the third time his aircraft has flown through Canadian airspace despite the outstanding International Criminal Court warrant remaining in effect.

Canadian aviation rules require foreign government aircraft to request permission before entering Canadian airspace, with applications typically submitted at least 72 hours before arrival. While Israel confirmed such a request was made, officials stopped short of saying whether permission was granted. That uncertainty has produced two possible explanations. Canada may have approved the overflight despite its stated commitment to the International Criminal Court, or Ottawa may have denied the request and Israel proceeded regardless. The federal government has not publicly addressed either possibility or explained why it continues declining to answer the question directly.