Independent media needs you. Join the Tyee.

The Hook: Political news, freshly caught

Cleared terror suspect can come home, Federal Court rules

VANCOUVER - A Canadian citizen who was suspected of ties to Al-Qaida and who has spent the last six years in and out of Sudanese prisons and in sanctuary at the Canadian Embassy in Khartoum should be promptly returned to Canada, a Federal Court judge ruled today.

Abousfian Abdelrazik, born in Sudan, was accepted as a refugee in Canada in 1992 and became a Canadian citizen in 1995.

The Montreal resident says he was tortured while in Sudanese custody after he returned to Sudan in 2003 to visit his ailing mother.

Abdelrazik, who has since been cleared of any terrorist links and has never been charged with a criminal offence in Canada or Sudan, says that he was interrogated by Canadian security officers while incarcerated in Sudan.

Canada has long maintained that it could not bring Abdelrazik home so long as his name remained on a UN no-fly list, a claim the Federal Court judge dismissed.

Abdelrazik and his supporters say the Canadian government has failed in its duty to protect a citizen, and the Honourable Mr. Justice Russell Zinn seemed to agree in his judgment:

I find that Mr. Abdelrazik’s Charter right to enter Canada has been breached by the respondents ... there has been a course of conduct and individual acts that constitute a breach of Mr. Abdelrazik’s rights, which the respondents have failed to justify.

I find that Mr. Abdelrazik is entitled to an appropriate remedy which, in the unique circumstances of his situation, requires that the Canadian government take immediate action so that Mr. Abdelrazik is returned to Canada.

Furthermore, as a consequence of the facts found establishing the breach and the unique circumstances of Mr. Abdelrazik’s circumstances, the remedy requires that this Court retain jurisdiction to ensure that Mr. Abdelrazik is returned to Canada.

In Parliament today, opposition members demanded that the government take immediate action to bring Mr. Abdelrazik home, and called for a commitment from Justice Minister Rob Nicholson that Abdelrazik’s return would not be delayed by any further court action.

Nicholson told the House the Department of Justice was studying the Federal Court judgment and would decide whether to appeal.

The BC Civil Liberties Association also called for Abdelrazik’s immediate repatriation, with President Rob Holmes observing a press release:

“The Federal Court has recognized that Mr. Abdelrazik, like all Canadian citizens, has a constitutional right to return to Canada. The Court has properly found that Canada’s denying Mr. Abdelrazik the travel documents he needs is unconstitutional.”

Reem Bahdi, who teaches law at the University of Windsor, told the Hook in an email interview: “The Federal Court has clearly signaled to our national security agencies and to the Executive that it will not tolerate lawlessness and arbitrariness and that unsubstantiated national security claims cannot justify human rights violations.”

Tom Sandborn is a Tyee contributing editor and a regular on The Hook. He welcomes your feedback and story tips at [email protected].


What have we missed? What do you think? We want to know. Comment below. Keep in mind:

Do:

  • Verify facts, debunk rumours
  • Add context and background
  • Spot typos and logical fallacies
  • Highlight reporting blind spots
  • Ignore trolls
  • Treat all with respect and curiosity
  • Connect with each other

Do not:

  • Use sexist, classist, racist or homophobic language
  • Libel or defame
  • Bully or troll
  • Troll patrol. Instead, flag suspect activity.
comments powered by Disqus