Contents

GOVERNMENT OF CANADA PS752 RESPONSE STRATEGY

government_of_canada_ps752_response_strategy

ASSESSMENT OF POTENTIAL ACTIONS ON CANADA'S STRATEGIC OBJECTIVES

Actions

LEARNING LESSONS FROM PS752

CANADA TO DECIDE ON ONE OF THESE TOOLS (ANNEX C)

State-to-State Negotiations (ANNEX D) Best Case Scenario: Legal reparation negotiations satisfy Canadian demands

Annex 13 Reforms (ANNEX A) Best Case Scenario: Amendments to Annex 13

Safer Skies (ANNEX B) Best Case Scenario: ICAO led-initiatives focused on prevention of future tragedies

[ATIP redacted]

[ATIP redacted]

ICAO Intervention Best Case Scenario: Canada delivers strongly worded statement at ICAO Council

OBJECTIVES

Overall Likelihood of Scenario's Success

[ATIP redacted]

Improving safety of international civil aviation (preventing future aircraft downings)

Strengthen Global Standard – Positive Impact

Preventive measures/activities to address risks in/near Conflict Zones

Not Applicable

[ATIP redacted]

Included in the Common Negotiating Position

A credible, transparent and impartial accounting of events that led to the downing of Flight PS752

Not Applicable

Not Applicable

Included in the Common Negotiating Position

More credible, transparent and impartial investigations into future aircraft downing investigations

A non-specific Declaration (no mention of Iran) may be perceived as a positive action

Not Applicable

[ATIP redacted]

[ATIP redacted

[ATIP redacted]

[ATIP redacted]

Not Applicable

[ATIP redacted]

Suitable reparations for the families of the victims and States

[ATIP redacted]

[ATIP redacted]

[ATIP redacted]

Demonstrate action at the ICAO/international level to the families of the victims and to Canadians

May address conflict of interest concerns raised by families

Preventive measures/ activities to address risks in/near Conflict Zones

[ATIP redacted]

[ATIP redacted]

[ATIP redacted]

[ATIP redacted]

[ATIP redacted]

As per ICAO Mechanism

[ATIP redacted]

N/A

N/A

[ATIP redacted]

[ATIP redacted]

[ATIP redacted]

N/A

* This matrix presents the best case scenario (i.e., all of the actions are successfully delivered) ** Necessary steps for successful delivery of each action is described in the "strengths" and "opportunities" sections of the analysis tables in the following annexes

ANNEX A – PURSUING REFORMS TO ICAO ANNEX 13

pursuing_reforms_to_icao_annex_13

PURSUING REFORMS TO ICAO ANNEX 13 – ANALYSIS

Strengths
  • Carries potential for meaningful reforms to ICAO's accident investigation regime to make investigations more transparent, impartial and thorough
  • [ATIP redacted]
  • Addresses concerns, including those raised by some victims' families, with respect to the conflicts of interest that arise when States of Occurrence lead investigations into downings
  • Demonstrates Canada's commitment to address the gaps in ICAO accident investigation regime exposed by PS752
  • [ATIP redacted]

Weaknesses

Opportunities
  • Future accident investigations into downings may be managed in a more responsible manner as a result of the changes put forward by Canada
  • [ATIP redacted]
  • [ATIP redacted]

Threats
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ANNEX B – SAFER SKIES INITIATIVE 

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 ANNEX B – SAFER SKIES INITIATIVE

 

ANNEX C – CANADA'S RESPONSE AT ICAO COUNCIL REGARDING IRAN'S PS752 REPORT

CANADA'S RESPONSE AT ICAO COUNCIL REGARDING IRAN'S PS752 REPORT

COMPARISON OF PROPOSED ICAO INTERVENTION LANGUAGE

Tool

[ATIP redacted]

[ATIP redacted]

Canadian Statement

Intent

[ATIP redacted]

[ATIP redacted]

Canada condemns Iran's failures

Canada's proposed language

[ATIP redacted]

Canada:

  • Condemns Iran's undertaking of the PS752 downing investigation;
  • Alleges the failures in Iran's handling of the investigation, including not adhering to ICAO Standards and Recommended Practices;
  • Decries the specific failures in the maintaining of the chain of custody to protect evidence, to maintain safe custody of the aircraft and its content, to secure the site from unauthorized persons, as well as moving evidence, and for cleaning up the site too hurriedly;
  • Denounces the narrow scope of the investigation, which excluded the military's involvement in the downing;
  • Rebukes the findings and recommendations of Iran's final investigation report; and
  • Calls on Iran for action to provide answers to key questions from a safety of civil aviation perspective.  

Request for action

  • [ATIP redacted]

Annex 13 Reform

  • Announces Canada's intention to present a Working Paper on Annex 13 reforms at the ICAO High Level Conference on COVID-19 in October 2021.

Safer Skies:

  • Thanks ICAO and member States, organizations and industry players for their support of Canada's Safer Skies Initiatives.
  • Welcomes the role and efforts of ICAO, supported by States, organizations and industry players, for further improvement of international standards and sharing of best practices in relation to the safety of civil aircraft at or near conflict zones to prevent recurrence of such tragic events in future.

Considerations
  • [ATIP redacted]

[ATIP redacted]

[ATIP redacted]

Key risks
  • [ATIP redacted]

 

[ATIP redacted]

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ANNEX D – STATE TO STATE NEGOTIATIONS

WORK FLOW

STRONG STATEMENT BY MINISTER OF TRANSPORT IN ICAO COUNCIL – ANALYSIS

Strengths
  • The only option for achieving the majority of Canada's and the families' major objective of obtaining justice and accountability for the downing
  • A good likelihood of achieving concrete results for the families and help them achieve closure
  • Is the internationally agreed-upon process for pursuing inter-State disputes, and a prerequisite for other steps, including at ICAO and the International Court of Justice
  • [ATIP redacted]
  • Makes use of the Coordination Group's collective strength
  • [ATIP redacted]

Weaknesses

Opportunities
  • [ATIP redacted]
  • The opportunity to join the Netherlands in being a key resource for States seeing to achieve justice for future air downings
  • [ATIP redacted]

Threats

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