The Standard (St. Catharines)

Sloppy counter-terrorism led to $31M settlement

- — Sukanya Pillay is a visiting professor and Law Foundation of Ontario scholar at the University of Windsor faculty of law. SUKANYA PILLAY

News that the federal government settled for $31.25 million with three Canadian men falsely accused of terrorist links, imprisoned and tortured overseas was met with some public backlash. Social media comments include variations on “waste of taxpayer money,” “wouldn’t mind a little torture for $10 million,” and “why should Canada pay for a foreign country’s actions?”

To its credit, the federal government apologized to the three men, with Prime Minister Justin Trudeau stating Canada should not “allow Canadians’ fundamenta­l rights to be violated.” The Conservati­ves did not object to this settlement as they did to Omar Khadr’s $10-million payment earlier this year.

Why did Canada settle? In 2008, a federal commission found three Canadian citizens, Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin, had been falsely accused of links to terrorists, imprisoned in

Syria and tortured. El Maati was also imprisoned and tortured in Egypt.

The RCMP, CSIS and Foreign Affairs Canada were found to have indirectly contribute­d to the torture by sharing inflammato­ry and inaccurate informatio­n with countries known to torture, and in which the men were imprisoned.

The commission observed Canada should not simply recycle and rely on imported intelligen­ce from countries that torture, should not pass on unqualifie­d informatio­n to foreign agencies and should recognize “loose and imprecise language” used by its officials can have tragic human rights consequenc­es for the individual.

The report on Almalki, El Maati, and Nureddin came out two years after the report on actions of Canadian officials in relation to Maher Arar, another Canadian citizen. That inquiry found CSIS and the RCMP made serious mistakes passing on inaccurate informatio­n to the United States and Syria, resulting in Arar being “rendered” to Syria, where he was detained and tortured.

The Arar commission made recommenda­tions regarding informatio­n sharing, accountabi­lity and oversight of Canada’s national security agencies. Yet, years later, those recommenda­tions had not been implemente­d.

In 2010, the Supreme Court of Canada found Canadian officials questioned Khadr at Guantanamo

Bay despite knowing he was being detained in a facility that tortured or used cruel and inhuman treatment, he did not have a lawyer present and had been subject to “mistreatme­nt” and there are protection­s in internatio­nal law for child soldiers, The court concluded the questionin­g and passing on of informatio­n by Canada to the U.S. had violated Khadr’s Charter rights and had an impact on Khadr’s detention and charges. It is regrettabl­e the Khadr settlement was justified in economic terms — it was cheaper than litigating Khadr’s lawsuit against Canada — rather than legal obligation­s.

False narratives, wrongful imprisonme­nt and torture are failures of such magnitude that a society that tolerates these cannot in the long run claim to be democratic, just or humane. Such a society fails tests of both morality and effective counter-terrorism.

Canada must exchange informatio­n with foreign government­s. Ensuring we heed the lessons of our mistakes is a safeguard for efficient counterter­rorism. The good news is Canada passed legislatio­n this year to address some of the accountabi­lity and oversight holes in national security.

The settlement to Almalki, El Maati and Nureddin should remind us of the human costs of mistakes, inaccuraci­es and false narratives. The settlement may also send a signal to allies and foes as to where Canada stands on misinforma­tion and torture and misinforma­tion, even with the demands of global counter-terrorism.

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