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Government insists Canada's military expansion into Syria is legal

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Canada's expanded mission against ISIS is fully justified under international law, even though it won't be subject to a United Nations vote, the Conservative government says.

NDP Opposition Leader Thomas Mulcair kicked off a fiery exchange with Prime Minister Stephen Harper in question period Wednesday by asking about the legal basis for Canadian troops moving beyond Iraq into Syria.

Mulcair challenged Harper's assertion that Canada was using the same legal basis as its allies -- including the U.S. -- to bomb ISIS targets in Syria.

The prime minister said Canada's allies have been doing it for several months "without challenge," adding that Canada's opposition to Syrian dictator Bashar al-Assad's regime is no reason to allow "safe haven" for ISIS.

The NDP leader said the U.S. had presented its legal justification to the UN and asked if Harper had done the same.

Mulcair also said the Iraqi government had asked for assistance from the U.S.

"Has Canada received ... a formal request from the Iraqi government for intervention (in Syria)?" he asked.

"Once again, Mr. Speaker, the government is pursuing this action on exactly the same legal basis as its allies," Harper replied.

He then asked if the Opposition was suggesting "there is any significant legal risk to lawyers from ISIL (ISIS) taking the government of Canada to court and winning.

"The government of Canada's view is that the chances of that, Mr. Speaker, are negligible," a comment to which Conservative MPs erupted in laughter and rose to their feet.

"Extraordinary, Mr. Speaker," Mulcair retorted. "Living in a Canada where that sort of idiocy passes for argument."

After a warning from the Speaker of the House against using that language, Mulcair said, "The prime minister thinks he is above international law."

Earlier on Wednesday, Defence Minister Jason Kenney told reporters the military action in Syria is fully justified under Article 51 of the United Nations charter, which enshrines a country's right to protect itself and others.

Kenney said ISIS has threatened Canada and that Iraq asked for Canada's help to defend itself against ISIS aggression, which originates from eastern Syria, a region he said Bashar al-Assad is either unwilling or unable to control.

"We agree with the Obama government that Article 51 provides the legal justification," Kenney said.

Both Mulcair and Liberal Leader Justin Trudeau say launching airstrikes against ISIS targets in Syria is a mistake because it will help Assad, whom Mulcair described as a "bloody dictator" who used chemical weapons on his own people.

Kenney said Canada won't allow "some exaggerated idea of Westphalian sovereignty" to prevent it from taking necessary action against ISIS, which he described as an international terrorist organization that has already inspired two deadly attacks on Canadian soil and radicalized more than 100 Canadians.

"We shouldn't be Pollyanish about this. The action we've taken has begun to turn the tide of this narrative," Kenney said.

- with files from Dave Pizer

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