Federal Court of Appeal: Canada not constitutionally obligated to bring home suspected ISIS fighters
The Government of Canada has won its appeal and will not be legally forced to repatriate four Canadian men from prisons in Northeast Syria.
A Federal Court of Appeal decision has ruled that "The Government of Canada is not constitutionally obligated or otherwise obligated at law to repatriate the respondents. However these reasons should not be taken to discourage the Government of Canada from making efforts on its own to bring about that result."
The federal government suspects the men left Canada to join the Islamic State group during the Syrian civil war.
The men have been detained for years in Kurdish prisons, following the collapse of the ISIS. But none of them have been charged nor has evidence of terrorist activities been presented in court.
Canada, along with other countries has also faced pressure from the United Nations and human rights group to bring their nationals home.
At the crux of the case known as Canada v. BOLOH (Bring Our Loved Ones Home) was a debate over Section 6 of the Charter which states "every citizen of Canada, has the right to enter, remain and leave Canada."
NO CHARTER GUARANTEE OF RIGHT TO RETURN
Lawyers representing the detainees argued that a "right to enter" means a "right to return" - but the panel of three appellate judges disagreed. In its analysis of past legal decisions, the appeal court wrote that the Charter protects against exile and banishment but "offers no encouragement for the idea that Subsection 6(1) includes a right to be returned to Canada."
The appeal panel acknowledged that starting in 2011, the government had repeatedly warned Canadians not to enter Syria due to a brutal civil war. Canada had also closed its embassy in Damascus in 2012 and warned citizens that it could not provide assistance in the country.
The ruling also found that exposing officials to "personal danger" to bring back a person detained in a territory controlled by a non-state entity falls "outside the outer edges" of the charter. The Canadians are held in prisons operated by the Autonomous Administration of North and East Syria.
The decision from the Federal Court of Appeal overturns an earlier decision by Federal Court Justice Henry Brown in January of this year.
Lawrence Greenspon, who represents three of the four detainees, said that he will review the decision and weigh appealing to the Supreme Court.
"We felt the decision of by Federal Court Justice Brown was one we thought was on good legal ground... and we're considering whether or not to send an application for leave to the Supreme Court of Canada," said Greenspon in an interview with CTV National News.
PERPETUATING “ARBITRARY DETENTION AND TORTURE”
Sally Lane, whose son Jack Letts is the only detainee identified in the court documents said in a text message that she was "too downhearted" after finding out about the decision on Wednesday afternoon.
In previous interviews, Lane says her son converted to Islam as a teenager and travelled to Syria in 2014 to help fellow Muslims. She says Letts is not a terrorist and she has not heard from her son since 2019.
Lane did express her emotions on social media, saying the Federal Court of Appeal has made a "clear choice to perpetuate the arbitrary detention and torture of my son and the other Canadians."
"The decision is nothing but victim blaming and narrow legalese that stands in utter contempt of human rights law and fails to rise to the challenge of the moment," Lane's statement posted on Twitter goes on to say.
CANADIAN WOMEN AND CHILDREN STILL STRANDED IN CAMPS
This appellate decision does not impact the fate of Canadian women and children that the government has agreed to repatriate. In April, 14 women and children were brought back from Al-Roj detention camp, but five people with Edmonton roots were left behind.
Greenspon said that Global Affairs Canada is committed to bringing them home. A Quebec woman and her six children are also waiting to be brought back after delays in processing the mother's security assessment.
Another group of mothers are currently suing the federal government for repatriation. Canada has agreed to bring home their children, who are the offspring of Canadian fathers who may have died or disappeared in Syria, but not their foreign mothers.
Several women the government suspected of marrying ISIS fighters face terrorism related charges or have been put on a terrorism peace bond. Since their return these Canadians have been placed under strict conditions and placed in de-radicalization programs.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
BREAKING Alice Munro, Nobel literature winner revered as short story master, dead at 92
Nobel laureate Alice Munro, the Canadian literary giant who became one of the world's most esteemed contemporary authors and one of history's most honoured short story writers, has died at age 92.
Latest updates on air quality alerts, and when the smoke may reach Ontario and Quebec
Wildfires have led Environment Canada to issue air quality advisories for parts of B.C., Alberta, Manitoba, Saskatchewan and the Northwest Territories, as forecasters warn the smoke could drift farther east.
Are these Canada's best restaurants? Annual top 100 list revealed
The annual list of Canada's top restaurants in the country was just released and here are the places that made the 2024 cut.
Attack on prison van in France kills 2 officers, inmate escapes
Armed assailants killed two French prison officers and seriously wounded three others in an attack on a convoy in Normandy on Tuesday and an inmate escaped, officials said.
Maximum payout for LifeLabs class-action drops from $150 estimate to $7.86
Canadian LifeLabs customers who filed an application for a class-action settlement began receiving their payments this week, though at a much lower amount than initially expected.
Steal a car, lose your driver's licence for 10 years under new Ontario proposal
Repeat car thieves may face lengthy licence bans under proposed changes to Ontario’s Highway Traffic Act.
$1.6B parts plant for Honda electric vehicle batteries coming to Niagara Region
A Japanese company has announced it will build an approximately $1.6-billion plant in Ontario's Niagara Region that will make a key electric vehicle battery component as part of Honda's supply chain in the province.
B.C. brings in law on name changes on day that child killer's new identity revealed
The BC NDP have tabled legislation aimed at stopping people who have committed certain heinous acts from changing their names.
Manitoba premier to visit areas impacted by wildfire
Manitoba Premier Wab Kinew will get a close-up look at the devastation from a large wildfire burning in northern Manitoba Tuesday.
Local Spotlight
Thieves caught on camera stealing pet chicken from North Vancouver backyard
A $200 reward is being offered by a North Vancouver family for the safe return of their beloved chicken, Snowflake.
Adopted daughter in the Netherlands reunited with sister in Montreal and mother in Colombia, 40 years later
Two daughters and a mother were reunited online 40 years later thanks to a DNA kit and a Zoom connection despite living on three separate continents and speaking different languages.
'Reimagining Mother's Day': Toronto woman creates Motherless Day event after losing mom
Mother's Day can be a difficult occasion for those who have lost or are estranged from their mom.
Chris Hadfield inspires youth musical in Sudbury
YES Theatre Young Company opened its acclaimed kids’ show, One Small Step, at Sudbury Theatre Centre on Saturday.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.