
(Photo: DJKing / Flickr)
This past week the United Nations Committee Against Torture released a report into Canada’s human rights record. It wasn’t pretty. The Committee suggested that Canada was complicit in the torture of Canadian citizens post-9/11 and expressed concern at the “apparent reluctance on part of the State party [Canada] to protect rights of all Canadians detained in other countries.” Shocking, right? Not really – not if we look closely at Canada’s recent behaviour with regards to international justice and human rights.
I should disclaim that, as a proud Canadian, this is a subject I feel very personal about. My frustrations may boil over. It is from a profound sense of patriotism and pride in Canada that I am so disappointed, sometimes infuriated, and certainly humiliated by Canada’s record.
Whenever people ask why I am proud to be Canadian, I have a ready-made answer, developed over years from practice as well as hearing why people from around the world respect Canada. I tell them that Canada is a truly multi-cultural country which initiated the creation of peacekeepers, mediated the Suez Crisis, was at the vanguard of creating the Responsibility to Protect and played a leading role in the creation of the International Criminal Court. It is a medium-power that punches well above its weight. It is a moral power that people depend upon to be in the corner of human rights and international justice. So what happened?
Not unlike other Western states, Canada got tangled in the political and ethical dilemmas characteristic of post-911 national and international security. It struggled, in particular, to balance the human and civil rights of its citizens with the prerogatives of anti-terrorist and national security measures. On a number of occasions the government decided that there was nothing to balance at all; security would come at the expense of rights. The results were disastrous. Here are but a few examples that illustrate Canada’s troubling record on respecting the civil and human rights of its citizens post 9/11.
Maher Arar: To Syria, without love – or rights
In 2002, Canadian citizen Maher Arar was deported to Syria while he was travelling through the US on his way back to Canada. US authorities believed he had terrorist links despite insufficient evidence to lay charges. The result was Arar’s extraordinary rendition to Syria where he was subsequently interrogated and tortured. While in detention, Arar maintained that he was forced to confess that he attended an al-Qaeda training camp in Afghanistan. Arar remained in detention for almost a year. He subsequently and successfully sued the Canadian government for $10 million.

Omar Khadr at his US military war crimes commission trial in Guantanamo Bay (Sketch: Janet Hamlin / AFP / Getty Images)
Omar Khadr: Canada’s Child in Guantanamo
In 2003, Omar Khadr, another Canadian citizen, was detained after allegedly killing an American medic in Afghanistan. At the time of his arrest he was 15 years old. He was then sent to the notorious American detention facility in Guantanamo Bay and has been there ever since. His detention has made a mockery of his right to a speedy trial, to due process, his civil rights as a Canadian, his human rights and, most obviously, international law, given that he is a child combatant. The UN Panel referred to “Canadian officials’ complicity in the human rights violation of Omar Khadr while detained at Guantanamo Bay.”
Even with President Obama’s plan to move detainees out of Guantanamo, Canada refused to repatriate Khadr. It has even been reported that the US had sought a Canadian request to have Khadr sent back to Canada.
Khadr eventually pleaded guilty to murder in October 2010. Part of the plea deal was an agreement that Khadr would remain in Guantanamo Bay for another year before being transferred to Canada. Incredibly, however, he remains in Guantanamo and it is unclear when Khadr, once described by Radhika Coomaraswamy, UN secretary-general’s special representative for children and armed conflict, as representing the “classic child soldier narrative” will be repatriated.
Abousfian Abdelrazik: Stuck in Sudan
The story of Abousfian Abdelrazik may read like a cruel joke. In 2003, Abdelrazik was arrested in Sudan under suspicion of being linked to al-Qaeda and Osama bin Laden. Despite the suspicions, no charges were ever placed on Abdelrazik by any nation, while the CSIS and the RCMP cleared him of any wrong-doing. Because he has been on an international “no-fly” lists which prevented him from taking conventional commercial flights, Abdelrazik was forced to stay in Sudan. The Sudanese government subsequently offered to fly him to Canada on a private Sudanese plane. Canada refused the offer. Fearing for his safety, Abdelrazik took refuge in the Canadian embassy in Sudan in April 2008. The Canadian government called his situation “temporary”, but he stayed for over a year. In total, Abdelrazik spent six years in forced exile in Sudan.
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