The federal government argued in a judicial memorandum that helping Canadians suspected of belonging to the terrorist ISIS detained in Syria would be “unprecedented and inappropriate. ”
In response to a lawsuit by the families of the Canadian who were captured during the fight against ISIS, the government detailed its legal position for the first time.
Federal families want to order Ottawa to return the detainees to Canada from prisons and camps run by Kurdish fighters.
But federal lawyers argued that the case should be rejected, because accepting families’ claims would be incorrectly broadcasting the rights charter beyond the borders of Canada.
Lawyers say: “The applicants are being held outside Canada by foreign entities. These entities work completely independently of the judiciary or the control of Canada . . . It is clear that the charter does not apply to the actions of these entities, including the arrest of applicants,” says lawyers.
On October 26, the government removed two women and two children from ISIS and their families in northeastern Syria, and women left Canada and married ISIS fighters.
Both were arrested upon their arrival in Montreal, Omaima Shway, 27, accused of four terrorist crimes, while no charge was charged with Kimberly Pullman.
Three others had previously returned: an orphan named Amira, and a mother and daughter who obtained travel documents in Iraq, although Canada did not play any role in their release from Syria.
Lawrence Grensbon, Utawa’s lawyer who represents many families, refused to comment.
About 12 Canadian adults and their children, who were detained during the collapse of ISIS, are still detained in Syria, including ISIS members.
But in its defense against the legal measures taken by their families in the Federal Court, the government said they were being held because of their alleged affiliation with a terrorist organization and that Canada is not required to help them.
“There is no legal commitment, under the Charter, Law or International Law, as Canada to provide consular assistance, including the return of its citizens,” government lawyers wrote.
They argued that the government though some assistance, such as verifying the location of the Canadian detainees and their safety, and asking for medical assistance to them.
Canada also reported “its expectations that Canadians are treated in humanitarian treatment, in line with the principles in force in international humanitarian law and international human rights law.
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She said that government officials similarly requested phone calls to the detainees, and they asked about a possible system for families to transfer money to them and inquired about mental health resources.
But federal lawyers insisted in their argument that the government is not obligated to return the Canadians detained abroad, and their rights were not violated not to do so.
They wrote that the charter only applies abroad when Canadian officials participate in activities that contradict Canada international obligations and human rights standards..
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