A federal judge today ruled that the government’s refusal to hand Sudanese-Canadian Abousfian Abdelrazik proper documentation to return home is a violation of his constitutional rights, and has given the government 30 days to bring him back. This is the strongest rebuke of the government yet, in dealing with the man who is stranded in the Canadian consulate in Sudan:
“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, wrote Justice Russel Zinn.
The father of three has been confined to the embassy in Khartoum for more than a year, saying he fears he will be captured and tortured if he ventures outside.
Justice Minister Rob Nicholson, under pressure from his political opponents in the House of Commons to end the “national disgrace” of refusing to help Abdelrazik, would not commit to his immediate return.
Nicholson hinted that the government could appeal the decision, saying he will seek legal advice from his officials.
“After we’ve had a chance to review the advice of the Department of Justice, we’ll take action,” he said.
The mystery of why Mr.Abdelrazik is not being issued a passport remains one that only the federal government seems to understand. I already wrote in detail before, on the history of why he is not considered a threat to Canada, and also why there is no compelling reason not to issue his documentation to return. In early May, government documents obtained under the freedom to information Act showed that Mr.Abdelrazik was originally imprisoned by Sudanese authorities at the request of unidentified Canadian intelligence officials.
Unfortunately for the general public, information on the affair is very hard to come by indeed. In a briefing to former Foreign Affairs Minister Maxime Bernier in early 2008, the entire eight-page report was blacked out, including the page numbers. It seems even more odd that the Conservative government seems to be obfuscating here, when the incident that led to the arrest and detainment at the request of Canadian authorities came during a time of Liberal governance. What the current government seems to know about reasons why Mr.Abdelrazik can’t return, it isn’t saying. And a federal court doesn’t agree with what it is saying.
Canada had always said that Abfousian Abdelrazik needed to get his name removed by a U.N. no-fly list in order to return to Canada, but even the United Nations has said that it would not apply to a Canadian government returning one of it’s citizens; indeed the British government has already done so with one of it’s own citizens – a convicted terrorist, unlike Mr.Abdelrazik who has never been charged with anything. The RCMP and CSIS have also now fully cleared him from any ties to terrorism. The Canadian government also reneged on their own promise that he could return if he bought a plane ticket, but they refused to give him proper documentation when private citizens did just that on his behalf. And finally, even Sudan offered to fly him home on their own aircraft, but again, the government refused.
Now the federal court has taken the bold step of asserting full power over the repatriation of Abousfian Abdelrazik, and has demanded the government show proof within 15 days that it has made arrangements to bring him home within 30 days. Mr.Abdelrazik has been ordered to appear in court in Montreal on July 7.
The federal justice, Russel Zinn, also denounced the United Nations “no-fly list” [which has still not removed Mr.Abdelrazik from the list], as being untenable because it puts the burden of innocence on the accused, a backwards logic of conventional law:
“One cannot prove that fairies and goblins do not exist any more than Mr. Abdelrazik or any other person can prove that they are not an al-Qaida associate,” wrote Zinn.
As for our government, if they fail to return Mr.Abdelrazik by the appointed date, they are truly asking to lose the confidence of many Canadians who expect them to uphold the rule of law. Unless the Foreign Minister or the government can release information that would suggest that they know something different than our own intelligence and police networks that have already exculpated him of any associations with terrorism, the government is obliged by the constitution to repatriate a Canadian citizen trapped overseas. Any delays is surely only increasing the size of both the inevitable apology, and the obligatory out-of-court settlement.


















