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
4th Indian national arrested, charged with murder of Hardeep Singh Nijjar
Homicide investigators in B.C. say murder charges have been laid against a fourth Indian national in connection to the killing of Sikh activist Hardeep Singh Nijjar outside a Surrey gurdwara last year.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
Man ticketed after allegedly trespassing again at Drake's Bridle Path mansion to get his bike
A man who tried to access Drake’s Bridle Path mansion earlier this week returned to the property Saturday and was apprehended again for allegedly trespassing, Toronto police say.
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Biden calls Trump 'unhinged,' says 'something snapped' in former president after he lost 2020 U.S. election
U.S. President Joe Biden on Saturday called Donald Trump “clearly unhinged” and claimed that “something snapped” in the former president after he lost the 2020 election.
Wildfire that forced evacuation of Fort Nelson, B.C., caused by tree falling on wires, mayor says
The wildfire that prompted the evacuation of more than 3,000 people near Fort Nelson, B.C., was caused by a tree falling on wires, according to the municipality's mayor.
Switzerland's Nemo wins 68th Eurovision Song Contest
Swiss singer Nemo won the 68th Eurovision Song Contest on Saturday night with 'The Code,' an operatic ode to the singer’s journey toward embracing their nongender identity.
IN PICTURES Northern lights dance across the night sky in southern Ont.
From London, to Grand Bend, Collingwood and Guelph, here are some highlights of Friday night and Saturday morning's northern lights display.
Local Spotlight
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.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.
Vancouver and Edmonton's mayors bet on who will win Round 2 of the playoffs. Here's what's at stake
The stakes have been set for a bet between Vancouver and Edmonton's mayors on who will win Round 2 of the Stanley Cup playoffs.
'No other life taken': Mother leads ATV helmet drive to honour daughter's legacy
A grieving mother is hosting a helmet drive in the hopes of protecting children on Manitoba First Nations from a similar tragedy that killed her daughter.