Israel says it has asked Canada for permission for Netanyahu to use Canadian airspace

The Israeli government told CBC News that it has sought permission from the Canadian government to require Israeli Prime Minister Benjamin Netanyahu to enter Canadian airspace.

However, an Israeli government spokesman did not respond to a second question about whether that permission had been granted.

An Israeli government Boeing 767, known as the Wing of Zion, flew over Newfoundland and Nova Scotia carrying Netanyahu to Washington, DC, where his agenda included a meeting with US President Donald Trump and attending the funeral of Republican Sen. Lindsey Graham.

The Israeli leader has been wanted by the International Court of Justice for alleged war crimes and crimes against humanity in Gaza since November 21, 2024, when the ICC issued an arrest warrant for murder, persecution and using starvation as a means of war.

Prime Minister Mark Carney has said he will arrest Netanyahu if he comes to Canada. His predecessor Justin Trudeau had made a similar pledge.

Prime Minister’s Office spokeswoman Audrey Champoux declined to say whether Canada had given permission, but said: “Canada currently does not link its overflight policy to regulatory purposes unless there is an imminent security risk. This policy is regularly reviewed.”

“Relatedly,” he said, “Canada continues to call on Israel to comply with international law and abide by the conditions for an end to the war, including allowing humanitarian aid to enter Gaza. Additionally, we also call on Israel to respect the territorial integrity of Lebanon and fully adhere to the ceasefire.”

In addition, the speaker Charlotte MacLeod of Global Affairs Canada (GAC) told CBC News that “Canada is committed to supporting international law and the decisions of international judicial bodies. Canada’s position remains that, as a State Party to the Rome Statute of the International Court of Justice, it must comply with its obligations under the Constitution and under international law.”

Carney government refused to comment

But the spokesman declined to say whether the Canadian government had given permission for Netanyahu to enter, suggesting it was up to the Israeli leader to decide whether to use the Canadian plane. “Global Affairs Canada does not comment on which path a foreign country chooses to take.”

“Legally, it’s not up to Benjamin Netanyahu to choose where to fly” if that means flying over Canada, said Mark Kersten, who teaches international law at the University of the Fraser Valley and wrote the book. Justice in Conflict: The Effects of International Court Intervention on Ending Wars and Building Peace.

Canadian Airspace is the sovereign territory of Canada, which has no legal limit in terms of length, but is usually held to extend to the Kármán line, which is 100 km above sea level, where outer space begins.

An aircraft flying over a country therefore enters its national territory and is subject to its laws as soon as it crosses its maritime border.

Kersten said that allowing Netanyahu to fly to Canada sends a dangerous message and sets a precedent that other foreigners may want to take advantage of.

“When we think about spatial integrity, you don’t just think about land,” Kersten said. “He thinks of the seas near the air above.”

Kersten says it would be a mistake to take comfort in the fact that Netanyahu’s plane did not land in Canada.

“It’s our airspace. We have strong rights to that airspace. And whether it’s Netanyahu, or a Russian spy plane – and especially at a time when our sovereignty is constantly being questioned by the United States – it’s important that we protect our sovereignty and speak clearly to everyone that we’re going to protect it, and we have full control over our water space and our airspace.”

Throwing caution to the wind

The Israeli government appears to have been very cautious in planning previous prime ministerial flights from Tel Aviv to the United States, which have taken a route to avoid Canadian airspace.

The Wing of Zion took a more time-consuming route, fleeing to the US on September 25, 2025, carrying Netanyahu across Mediterranean and Atlantic waters instead of the shorter, Great Circle route through Greece, western Europe and Canada.

But when he left again on Dec. 29, 2025, sailed over Newfoundland and Nova Scotia en route to Florida. On February 10 of this year, he was back over Canada, crossing Newfoundland, Prince Edward Island and New Brunswick before entering US airspace in Maine.

Canadian protocol requires foreign government aircraft to seek permission properly before entering Canadian airspace.

“Applications for foreign, military or scientific aircraft to operate in Canadian territory must be submitted at least three working days (72 hours) before the proposed date of entry into Canadian airspace,” reads the government’s website. “This early notice is important.”

“That seems impossible [the government of Canada] they didn’t allow this to happen to some extent,” said Kersten.

Two possibilities

The fact that Netanyahu crossed into Canadian airspace does not mean that Canada gave permission, and Israeli officials have only said that they asked for permission, not that they received it.

Canada may have refused permission, and the Israeli government chose to violate sovereignty anyway. If so, the Canadian government has allowed the breach to pass without public accountability.

Kersten said Canada’s commitment to do what it can to bring alleged war crimes to The Hague “is not clear … and if they are not going to surrender to the ICC, at least their world should shrink.”

Kersten says the overflight undermines both international law and Canadian sovereignty.

“We seem to be playing fast and loose on an important sovereignty question at a time when I don’t think Canada can make it clear whether it is willing to defend its sovereignty.”