Galloway was banned from entering Canada on March 20, 2009, based on a decision made by border security officials in accordance with the country's Immigration and Refugee Protection Act. In April of this year, Galloway's Canadian lawyers took the ban to the Ontario federal court in Toronto, arguing that it should be overturned because the decision was a result of the government's pro-Israel bias. Judge Richard Mosley had said he would need approximately a month before making a decision.
Judge Mosley ruled on Sunday that the government did not officially exclude Galloway and thus no appeal could be considered.
"Mr. Galloway chose not to present himself at the border for examination and did not seek the exercise of ministerial discretion in the form of an exemption or a temporary residence permit," Mosley wrote. "As such, no final decision was made regarding his admissibility. There is, therefore, no decision which this Court can review."
The judge did note, however, "It is clear that the efforts to keep Mr. Galloway out of the country had more to do with antipathy to his political views than with any real concern that he had engaged in terrorism or was a member of a terrorist organization."
The efforts were those of Canada's Immigration Minister Jason Kenney, who declared that Galloway would not be allowed to enter the country if he attempted to do so. At the time, Ali Alykhan Velshi, the spokesman for the Minister, said:
"We're going to uphold the law, not give special treatment to [Galloway]…who actually brags about giving 'financial support' to Hamas, a terrorist organization banned in Canada."
Galloway planned to speak in Canadian cities in March, 2009, following his first Viva Palestina convoy, during which his group delivered over $1 million of aid to the Hamas government in Gaza. Instead, he spoke to his Canadian audience via video link, and came to the United States for various speaking tours throughout the year, visiting over a dozen cities around the nation.
Despite this ban, and Egypt's stated refusal to overturn it, Galloway plans on entering Egypt with the fourth Viva Palestina convoy, currently en route to Gaza, which hopes to enter the Gaza Strip via the Egyptian port of El-Arish next month.