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Ottawa takes action to confiscate a Russian plane at Toronto Airport

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The Antonov 124, one of the largest planes in the , has been part of the landscape at Pearson in Toronto for over three years. Motorists can see it from Highway 427, often without suspecting that the device is at the center of a case followed in many countries.

It all started in February 2022, when Canada closed its airspace to Russian companies in reaction to the invasion of Ukraine by .

Antonov 124, which was at the airport Pearsonis then nailed to the ground.

The following year, former Prime Justin Trudeau announced the seizure of the aircraft with the ultimate intention to hand it over to Ukraine.

However, the Canadian government must confiscate the plane to become the owner. Right now, Antonov 124 still to the Russian carrier Volga-Dnepr.

An Antonov 124 parked at Pearson airport.

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The plane has accumulated parking fees of more than $ 1,000 a since February 2022. These have been paid by the Canadian government.

Photo : Patrick Morrell (CBC)

The lawyer specializing in international sanctions William Pellerin explains that the case attracts the attention of countries because it is out of the ordinary.

It is really the first time on a global scale that there is a country that has moved forward to confiscate goods without that there has been criminal against a gamehe explains.

There are several countries, including the States for example, which have managed to grasp and confiscate goods from Russian parties, such as super yachtshe adds. But here there is no criminal charge against Volga-Dnepr. We simply sanctioned Volga-Dnepr because they are part of Russian industry.

What is the difference between seizure and confiscation?

Seizure and confiscation have different meanings in law, according to lawyer specializing in international trade Alexander Hobbs.

The designates the withdrawal of the control of a property, but the person remains the owner of this property. When it comes to confiscation, property is transferred to the crown.

Alexander Hobbs expects the Canadian government to become the owner of the Antonov 124.

The only thing that the minister [des Affaires étrangères, Mélanie Joly, NDLR] must prove to the court when it attempts to obtain a confiscation order is that the property whose government requests confiscation is in fact the same as that which it has seized and that the owner of the property is the person he declared to be the owner.

Volga-Dnepr and war

In a document discreetly deposited before the Ontario Superior Court in March, the federal government requests that the plane be confiscated and handed over to the crown.

He lists the affected parties, which include the company Volga-Dneprhis subsidiaries, the Russian entrepreneur Aleksei Ivanovich Isaykin and the Russian bank Sberbank.

In its publications, Global Affairs Canada says the Russian transport sector plays A key role in supporting Russia’s continuous aggression against Ukraine by facilitating the movement of weapons and material essential to the war effort. He adds having sanctioned several players linked to the Wagner paramilitary group and the Russian aviation sector, of which Volga-Dnepr.

Russian soldiers standing on a tank.

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Russian soldiers standing on a tank

Photo : AP

In Volga-Dnepr Nor the Ottawa lawyer firm that represents her in Canada wanted to comment.

However, the company defended itself before the Federal Court in a request filed in 2023 to be withdrawn from the list of entities sanctioned by Canada.

She then denied being an accomplice of President Vladimir Putin, of the Wagner group or to be linked to military operations in Ukraine. According to her, the Canadian government bases its allegations on erroneous information.

Volga-Dnepr Also said that his Antonov 124 was at Pearson airport in February 2022 to deliver rapid COVID-19 screening for a humanitarian mission When he himself stuck on the ground presentation to the elements and without receiving an interview.

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Doctor of War Studies at the Royal Military College in Canada, Frédéric Labarre, thinks that the allegations of the Canadian government are credible.

It is a civil plane that belongs to a private company. However, the owners of these companies are never really far from the Kremlin.

A quote from Frédéric Labarre, doctor of war study at the Royal Military College of Canada

He adds that in addition to being able to serve the transport of equipment, the device could be cannibalized for its parts in order to refresh other Russian planes or even make weapons. It is an with important electronic components that could be used to do missiles.

Frédéric Labarre also disputes the company’s statements on his presence in Canada. It was not a humanitarian mission, it was a commercial mission.

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A seizure illegal According to Russia

The Russian Embassy in Ottawa describes the seizure of the plane as illegal et unacceptablein an email to Radio-Canada.

It seems that the plane of Volga-Dnepr was deliberately attracted to the country, knowing perfectly well that it would not be allowed to leave.

A quote from Russian Embassy in Ottawa
The Russian ambassade to Ottawa

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The Russian ambassade to Ottawa

Photo: Canadian press / Justin Tang

The company is also fighting against Canada in of international institutions.

According to World Affairs Canada, an arbitration has been filed under the United Nations Commission for International Commercial Commission (CNUDCI).

In a press release August, Volga-Dnepr had estimated that he had suffered a prejudice of US $ 100 million.

Arbitration could take years before finding a outcome, according to observers.

Meanwhile, the lawyer of Volga-Dnepr In Russia, Kirill udovichenkowrote to Radio-Canada that he asked the Cnudci to prohibit any illegal action (such as early confiscation) Until the final dispute has been made.

Can the plane fly?

After more than three years on the ground and exposed to the elements, can Antonov 124 still fly?

The aviation specialist and professor at McGill University, John Gradek, says that the device certainly needs a careful repair, which is not without difficulty. First, you need the mechanics who know the devicehe explains. There are not many elsewhere in Ukraine or Russia.

Portrait of John Gradek in an office.

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John Gradek, of the aviation management of McGill University, explains that repairing the aircraft or sending it to the Ferraille would cost the Canadian government.

Photo : Radio-Canada / Brunette

He adds that Canada may also have difficulty finding replacement parts and that they may cost millions of dollars.

If it is necessary to replace the engine on board, there it will be expensive.

A quote from John Gradek, aviation specialist and professor at McGill University

Public services and supply Canada (SPAC) confirms that a specialized team went to the airport last March to observe the device, but refuses to give more details.

In the meantime, it’s also SPAC who takes care of paying the parking fees of the plane According to the price scale of the airport, which amounts to more than $ 1,000 per day. The invoice is therefore estimated so far at more than a million $.

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