Not sure this is you meant . That the aircraft they tracked was an hostile, yes, but both there were not under fire from anyone.

Probably what was meant is that in both cases operators assumed there was an imminent and threat from the target. Not shooting at them (at that moment, at least) but could be momentarily should a decision not be taken.

The fact that the first missile was shot 20 seconds after seeing the target shows just how heated the situation must have been on the Tor. Having read the report I buy the Iranian version of events. The Canadian ruling that it was a terrorist attack and that the Iranians knew what they were shooting at is either political or incompetence on the Canadian's part.

It is indeed unfortunate that stupid incompetence by the Iranian military has now been followed by stupid incompetence by the Canadian legal system. Rather invalidates everything. It's a shame, normally the Canadians are better at things than this.

Meanwhile, surprising is the complete silence by Ukraine, who one would have thought were even more central to this than Canada. But nothing. Was the Tor missile actually supplied by Ukraine, from onetime Soviet stocks ? Or did Ukraine do the training on them ?

Al Jazeera: Iran says it has begun paying families over downed Ukraine plane

Canada, the Kingdom of Sweden, Ukraine, and the United Kingdom of Great Britain and Northern Ireland have jointly filed an "Application" instituting proceedings, in the International Court of Justice in The Hague, against the Islamic Republic of Iran, in re: Ukraine International Airlines Flight PS752. The ICJ press release indicates that the Application filing (if interested) is available on the ICJ website.

"Canada, the Kingdom of Sweden, Ukraine and the United Kingdom of Great Britain and Northern Ireland jointly institute proceedings against the Islamic Republic of Iran"

THE HAGUE, 5 July 2023. Yesterday, Canada, the Kingdom of Sweden, Ukraine and the United Kingdom of Great Britain and Northern Ireland filed a joint application instituting proceedings against the Islamic Republic of Iran before the International Court of Justice (ICJ), the principal judicial organ of the United Nations, concerning a dispute under the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (the “Montreal Convention”).

In their Application, Canada, Sweden, Ukraine and the United Kingdom claim that Iran has violated a series of obligations under the Montreal Convention as a result of the shooting down on 8 January 2020 of a civil aircraft in service, Ukraine International Airlines Flight PS752, by military personnel of Iran’s Islamic Revolutionary Guard Corps. All 176 passengers and crew aboard the flight, many of whom were nationals and residents of the applicant States, were killed in the crash.

According to the Applicants, Iran “failed to take all practicable measures to prevent the unlawful and intentional commission of an offence described in Article 1 of the Montreal Convention, including the destruction of Flight PS752. It also subsequently failed to conduct an impartial, transparent, and fair criminal investigation and prosecution consistent with international law.”

Canada, Sweden, Ukraine and the United Kingdom seek to found the Court’s jurisdiction on Article 36, paragraph 1, of the Statute of the Court and on Article 14, paragraph 1, of the Montreal Convention, to which all four Applicants and Iran are parties.
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The Application instituting proceedings is available on the Court’s website.

about time. Iran has shown absolutely zero contrition to the murder of those on board the Air Ukraine air they shot down, and compounded their contempt by supplying drones and munitions to Russia to be used against Ukraine. Hopefully Ukraine will always remember the brutality that passes for policy in Iran.