“The reason there have been so many orders against the government is because this government, even more than previous ones, does not care about the rule of law.”
Paul Copeland, a Toronto-area lawyer with a long history of work on security-related cases
As most readers will know by now, on June 4, 2009, Federal Court Judge Russel Zinn ordered the government not just to provide Abousfian Abdelrazik with a passport and stop obstructing his ability to return to Canada, but to actually produce him in the same courtroom within 30 days. Judge Zinn also found that Canadian officials were involved in Mr Abdelrazik’s initial detention in Sudan and that he had subsequently been tortured.
Finally: some plain speaking about a case that has been marked by misinformation, misdirection and mystery.
Two hours before I heard the Court decision, I was running a workshop at our Human Rights College – a youth leadership training that leads into AI Canada’s Annual General Meeting. The topic at hand was how (and why) individuals and NGOs use the Courts and Public Inquiries to achieve various human rights goals. Among the cases we talked about were those of Canadian citizens detained abroad including Omar Khadr, Bashir Makthal and, of course, Abousfian Abdelrazik. While the ideal is to have governments buy into the change you are seeking and become part of that change, there are times when we turn to the courts to try and resolve a long-term problem. Governments inevitably have political agendas. The courts – we hope – are impartial. They should be looking coolly at the facts and the law, hearing the arguments of both sides, and making an objective decision.
Abousfian Abdelrazik’s six year odyssey in Sudan has baffled many and been described as “Kafka-esque” by others (including Judge Zinn). The persistent approach of the Canadian government to both renege on promises of assistance and provide incomplete & inaccurate information to justify their actions has meant perpetuating human rights violations instead of providing any remedy. And it has raised very troubling questions about the role that Canadian officials played in his arrest, detention, alleged ill-treatment, and subsequent obstruction of his right to return to Canada.
Justice Zinn’s decision is a reality check for a government that has tuned out increasing demands for truth, justice and accountability around a wide range of national security measures. It says loud and clear that exceptionalism has to end. The cloak of ‘national security’ is not a shield against responsibility. Our government cannot assist some citizens and virtually abandon others in the face on ongoing human rights concerns. And Canadian officials cannot continue to deny any knowledge of, or connection to, torture and other grave human rights violations perpetrated by the foreign security services they collaborate with.
No doubt a stay and an appeal of the Court Order is being contemplated either as a stalling tactic or a genuine attempt to keep Mr Abdelrazik in Sudan. Enough is enough. The Canadian government should obey the Court Order and bring Abousfian Abdelrazik home to his family immediately. There also has to be accountability for the role Canadian officials played in the human rights violations in this case.
It’s time for a return to the rule of law in Canada. This is *not* about the Courts interfering in internal or foreign affairs. This *is* about reiterating the role of government and the value of citizenship.
In the words of Judge Zinn: “It is simply not sufficient for the Minister to say that he has reached this opinion and "trust me" - he must show more; he must establish that it was "required". While it is not the function of the judiciary to second guess or to substitute its opinion for that of the Minister, when no basis is provided for the opinion, the Court cannot find that the refusal was required and justified given the significant breach of the Charter that refusing a passport to a Canadian citizen entails. In this case, the refusal of the emergency passport effectively leaves Mr. Abdelrazik as a prisoner in a foreign land, consigned to live the remainder of his life in the Canadian Embassy or leave and risk detention and torture.”
No one should ever again be left to face Mr Abdelrazik’s dilemma.
19 June 2009 2:38 am
Comment by: Lina Hempel
I am heartily pleased that a Justice of the Federal Court has finally spoken out against secrecy, avoidance of responsibility and abdication of their responsibilty to Canadian citizens in foreign lands. I urge the Minister to heed the ruling of the court and give plain language answers to the Canadian people and not a song and dance of smoke and mirrors. My Addelrezik is under threat of torture, risks detention and has to live in the Canadian Embassy in order to escape such grevous harm. Do the right thing, bring this man home to his wife and family. It is your duty and it is the right thing to do.