Featured

On repatriation and separation: how Canada is moving forward with its unjust policies

On January 20, 2023, after weeks of deliberation, Justice Henry Brown wrote an incredible ruling; a ruling that spread hope among many families of Canadians still detained in Northeast Syria. Justice Brown ordered the Canadian government to repatriate six women, 13 children and four men who are languishing in horrible conditions, detention camps and prisons Justice Brown described as “… very poor. In my view they are dire.”

The positive impact of this ruling didn’t last long as the federal government announced its intent to appeal. Then followed the shameful news regarding some other Canadian children, not included in this lawsuit (therefore not affected by the ruling), who have been vetted to be repatriated by the federal government without their non-Canadian mothers. One step forward ten steps backward.

Rights and freedoms of Canadian detainees

During the hearings to repatriate the Canadian detainees overseas, the Government cited the dangerous situation on the ground and its lack of resources (understood here as human resources) as barriers to repatriation. More so, the Government’s position is that those who went to Syria and got arrested have no constitutional rights and thus Canada has no binding legal obligations towards protecting their extra-territorial rights, per the Charters of Rights and Freedoms.

Clearly, those arguments didn’t impress or convince Federal Court Justice Brown who relied on previous Supreme Court decisions to emphasize the rights of citizens to leave and enter their country of citizenship. Justice Brown went even further, citing an example of the political philosopher Hannah Arendt who in the aftermath of World War II observed that a ‘right to have rights’ flows from citizenship and belonging to a distinct national community.

What is interesting and explicit in the ruling is the reference to this alleged ‘exile’ and ‘banishment’ that seems to be veiling the inaction of the Canadian government. Justice Brown wrote:

“To begin with, the Supreme Court of Canada established three decades ago that subsection 6(1) is aimed at prohibiting the banishment or exile of Canadian citizens by their government. It is aimed at preventing the Government of Canada and any and all of its emanations from severing or interfering with the right of Canadian citizens to leave and return to Canada.”

We thought that these past inhuman and cruel practices were gone with the emergence of the rule of law and the establishment of constitutionally-protected rights and international conventions. However, unfortunately these same laws and constitutions are used today by government lawyers to justify keeping their fellow citizens, in this case Canadian-Muslims, abroad, away from their families, and  depriving their children from education and health care.

I was extremely relieved that Justice Brown reminded the Canadian government of its obligations and insisted on the ongoing injustice that these Canadians detainees were subjected to and urged their repatriation.

Unfortunately, this ruling was appealed by the federal government despite several human rights advocates pushing the government to accept the ruling and move forward with the repatriation.

Repatriation and the so-called ‘War on Terror’

It is not the first time Canada opts to appeal rulings urging it to correct its blatant human rights violations. In the case of Omar Khadr, the Canadian citizen detained in Guantanamo for over a decade, the Canadian government, in 2009, appealed to the Supreme Court (and later, bitterly lost) when it upheld a lower court ruling that required Ottawa to repatriate Khadr, the only Western citizen still being held by the United States at its Cuban military base.

Perhaps some would interpret this stubbornness and use of public funds to fight the repatriation of Canadians justified by the ‘fight against terrorism’ and as protecting the Canadian population from dangerous and suspicious individuals. Assuming that this is true, protecting national security should never be done at the expense of violating the rights of others. The rule of law should prevail and playing politics with the rights of some, who are already demonized in the media, isn’t morally acceptable and should have legal consequences.

Canadian children, non-Canadian mothers

Some mothers, living in the camps, were informed by Global Affairs Canada that their children will be repatriated to Canada without them. These women who married Canadian men don’t hold Canadian citizenship and will most likely never set foot in Canada, whereas their children would automatically be considered as Canadians given their fathers status. With their fathers dead or disappeared, the children have no other families than their mothers. But despite these tragic circumstances, the Government gave the mothers a deadline of a week and a half to decide whether they will send their children back to Canada alone. What should we call this other than a ‘barbaric practice’?

We thought the federal government’s systemic separation of Indigenous children from their mothers, their community elders, their culture and their customs was something of the past – that Canada apologized for and committed to end it with the Truth and Reconciliation Commission.

How did the mothers feel when they learned of this heart wrenching decision of separating them from their children to be safe in Canada or keeping them in horrible conditions, together. Is it really a choice?

Hope pending with ongoing legal battles

Some critics would say that these women might not be ‘good mothers’ or that simply can’t come to Canada since they’re not citizens.

As for the first argument, I think it is important to quote Justice Brown who said that he is not judging the Canadians who went to Syria. He reminded us that every Canadian is entitled to have a different opinion even if this opinion turns out to be unpopular by the majority: “Canadians are entitled to have political opinions, no matter how abhorrent they may be to other Canadians.”

As for the second argument that these women aren’t Canadian citizens, there is always a solution to keep children with their mothers. Other countries did it, so why not Canada?

Faraz Bawa, a Calgary-based lawyer representing one of the women, said he and other lawyers are now working on getting their clients temporary resident permits so they have permission to enter Canada with their children. Simple solutions exist but they need moral courage and political will to be implemented.

Exile, banishment and separation should never be part of any governmental solutions or policies. Justice Brown  ruled on the unjust practices of the Canadian government to keep its citizens in Syrian camps. As for separating children from their non-Canadian mothers, we are still waiting for other legal decision.

It is sad and troubling how fundamental human rights are caught in the meanders of the geopolitics of wars or considered as a luxury. Strong legal decisions, like Justice Brown’s, are needed to anchor these rights into the centre of our democracies.

This article was originally published at rabble.ca

Advertisement

Feds engaging in double-talk on Canadians detained in Syria

Last week, a two-day court hearing took place at the federal court in Ottawa to bring back Canadians detained in Northeast Syria. A group of families representing some of those detainees filed a Canadian Charter of Rights and Freedoms challenge for the inaction of the Canadian government to repatriate their loved ones home.

I watched some of these hearings online and I was terribly disappointed if not shocked by the attitude and the arguments presented by the Canadian government lawyers.

Before going any further, I feel that this matter is merely a political case and shouldn’t have been brought in front of a judge. The legal arguments for repatriation are pretty obvious and compared to them the counter arguments advanced by the government looked so out of place if not ludicrous.

However, if it wasn’t for the unwillingness of the government to act, perhaps wishing the matter to magically disappear on its own, the legal challenge wouldn’t have existed. But the matter didn’t go away, and it is coming to haunt Canada, and it will continue to do so, as long as these Canadians citizens are not repatriated back.

Watching some excerpts of this legal challenge brought me back 20 years ago to my own family ordeal when my husband, Maher Arar, a Canadian citizen, was kept in Syria in a dungeon tortured by his Syrians interrogators. Many times, during his imprisonment, I repeatedly pleaded with the Canadian officials working  at the Ministry of Foreign Affairs to bring my husband home. They kept telling me that once in Syria, his Syrian nationality prevailed and that Canada couldn’t do much. That argument, despite its weakness, would assume of course that my husband had arrived in Syria of his own will, which is wiping out the fact that he was rendered to Syria by the American authorities (even worse, later we would learn about the complicity of Canadian officials). Even when the Canadian government didn’t tell me explicitly that they didn’t want to repatriate my husband, behind the scenes some part of the government acted in a way to prevent his repatriation. This double-talk by the Canadian government made my husband stay in horrible conditions for over a year, until the political decision by then Prime Minister Jean Chretien, came and delivered him from his torturers and his subsequent return in October 2003.

After months of campaigning and advocacy by activists, some by politicians and human rights organizations, the Canadian government ordered, reluctantly, a commission of inquiry into the actions of Canadian officials in relation to Maher Arar. That was in March 2002. In 2007, a fact finding report was released by Justice Dennis O’Connor, head of the commission, as well as a list of recommendations for the government so the ordeal wouldn’t happen again.

Few weeks ago, I was invited to testify at the Senatorial committee on human rights regarding Islamophobia in Canada and I was asked by Senator Ratna Omidvar if anything had changed since the repatriation of my husband and the reports submitted by Justice O’Connor. A part of me wanted to simply reply “No” but I quickly changed my mind and gave a more nuanced and elaborate answer pointing to some minor changes that occurred since.

Nevertheless, watching these two days of hearings, I am more and more convinced that a more accurate answer to the senator would have been “nothing really changed”.

The picture is bleak and frozen in time: a number of Canadians, mostly children, arbitrarily detained in awful conditions documented by Human Rights Watch. Their families are being kept in the dark, not knowing whether their loved ones are alive or not, and their government is fighting in front of a judge and stubbornly arguing that these Canadians can’t claim their Charter Rights so thus do not need to be “fetched” by their own government.

Almost exactly the same cold attitude, the same circular arguments and the same stubborn inaction that I was facing two decades ago and that is still making Canada look so bad internationally and even at home.

At the hearing, the government lawyer kept bringing legal cases that have nothing in common with the current cases, except perhaps that they are happening to other Canadian citizens. The same government lawyer tried by all means to argue that these 23 children, 19 women and eight men have basically no Charter Rights and Canada has no responsibility in repatriating them. Worse, the lawyer argued that Canada was not responsible in detaining them and did not request their detention. According to her, they were detained by Kurdish forces – “we are not part of the causal chain” and should not be compelled to intervene to repatriate.

No wonder why it is the same government who had to apologize to Maher Arar when they implicitly applied the same faulty reasoning to his case and told me that his Syrian citizenship superseded his Canadian citizenship while in detention in Syria and thus Canadian laws couldn’t “reach” him. This sort of legal gymnastics didn’t convince Justice O’Connor when he wrote his report criticizing the in-action of the Canadian government and its complicity in keeping one of its own in detention.

When the legal counsel Barbara Jackman, representing Jack Letts one of these Canadian men detained in Syria, opened her statement in front of judge Russel Brown, she rightly reminded him and the audience about her participation not only in the Arar Commission but also in the Iacobucci judicial inquiry that was ordered to determine what happened to four other Canadians who were also arrested and tortured in Syria and Egypt and as expected the Canadian government refused to bring them back to Canada until years later. By invoking that history, Barbara Jackman implicitly reminded the government lawyers of the flaws in their previous legal judgements and their ongoing mistakes in assessing the current situation.

Why is Canada is becoming serially stubborn and complicit in the torture and the neglect of its citizens, specially Muslim citizens?

What is Prime Minister Justin Trudeau afraid of by ordering the repatriation of all the Canadians detained in Northeastern Syria?

As a flagrant evidence of the incompetence of the government is, and its dismissal of basic human rights of its own citizens became the policy Global Affairs Canada (GAC), adopted in November 2021. In this policy, shared with the families of the detainees and their lawyers, the government cited a list of six conditions that the detainees should meet so they can become eligible for repatriation. They were called “threshold criteria.” Needleless to mention that none of the detainees met these criteria except Kimberley Polman, a woman from British Columbia who was since successfully repatriated and is under a peace bond. All the other detainees didn’t meet these criteria.

In November of 2022, GAC would contradict its own written policy by informing some of the detainees (some women and some children) that they are eligible for repatriation. What looks like good news, is clear evidence of the weakness and arbitrariness of this policy.

First writing it to prevent their return and suddenly overturning it a few weeks before the court hearing in an attempt, in my opinion, to prove to the judge that they are working behind the scenes. This looked so amateurish, and I don’t believe that the judge would be impressed by these last-minute moves.

At the end of the two days in federal court, Justice Brown stated that the hearings would need to continue at a date to be determined. It was a big disappointment for all the families who were hoping for some quick decisions that would deliver their loved ones from their ordeals and unfortunately more delays means for the prisoners the continuation of their limbo; they will not be able to leave any time soon. However, one ray of hope appeared in this ocean of darkness and abject manoeuvres to “deny” some citizens their basic rights to security, education, and justice.

According to a tweet by CBC journalist Ashley Burke, Justice Brown stated “he was disappointed because Canadians are at risk of dying every day the matter is adjourned.”  This simple statement restores my faith in humanity and in the justice system, after being so disappointed and shocked by what Canada has been doing upfront to deny some of its citizens their fundamental rights.

This article was initially published at rabble.ca

Racial bias and profiling in security intelligence: what we’re learning from the Rouleau Commission

For decades, Muslim and Sikh communities in Canada were considered the primary threats to national security. They were consistently identified as such in the Canadian Security Intelligence Service’s (CSIS) annual reports.

Not only is this a flagrant example of racial and religious profiling, but it is doubly problematic since it humiliates members of these communities and misleads Canadians with biased assessments of security threats.

Who is considered a threat?

Terms like ‘Shia Islam’, ‘Sunni Islam’ and ‘Sikh (Khalistani)’ extremism, were commonly, if not frequently, used in the elaboration of these reports until 2018. The 2011 report employs the words of Vic Toews, the then-Public Safety Minister who summarized the situation as: “violence driven by Sunni Islamist extremism is the leading threat to Canada’s national security.”

These type of references remained present in national security reporting until 2018 when Ralph Goodale, the then-Minister of Public Safety, declared: “Words matter. We must never equate any one community or entire religions with extremism.”

While Muslim and Sikh communities were unjustly targeted over the years, the increasing number of violent white supremacy-motivated attacks, and neo-Nazis, incel (short for involuntary celibate) and other anti-government groups, were rarely mentioned or described as posing real threats to our national security.

The Toronto van attack inspired by incel ideology killed 11 people and injured 15 others; the Islamophobic attack at the Quebec City mosque killed six men and injured 19 others; the London, Ontario van attack killed four Canadian-Pakistani Muslim family members.

These are clear and tragic outcomes of ideologies that flourished when left undisturbed while the full scrutiny of the security apparatus was directed at so-called Sunni, Shia or Sikh terrorism.

Before going any further, I want to be clear. I am not trying to argue that dangers posed by some individuals associated with the aforementioned religious denominations should be taken less seriously than other groups or individuals with violent ideologies. My point is to emphasize the reckless attempts by some intelligence agencies in shaping the narrative of who Canadians should fear, while their neglect gave other violent groups an implicit ‘carte blanche’ to operate.

Coded language persists

In a 2019 move to distance itself from its past, CSIS introduced new terminology. The word ‘terrorism’ which was mainly understood by the agency, and even the media, as violence committed by Muslims, was changed to ‘violent extremism.’ The Service came up with three separate categories: religiously-motivated violent extremism, politically-motivated violent extremism and ideologically-motivated violent extremism. Even though I personally find this terminology a better description of the threats we are facing, it still carries some heavy and obvious racial and religious connotations.

What is the line between religious, political and ideological threats?

Many times, we can see how one easily slips into another or how one feeds into another. Take the example of white supremacy, considered by CSIS as politically motivated violent extremism. It isn’t a secret that this ideology has been historically associated with some extremist Christian groups where some white Christians are considered morally superior to Black, Indigenous, Jewish, and Muslim people. So why is it considered politically motivated violent extremism rather than religiously or ideologically motivated?

The same blurry line applies to religiously motivated violent extremism. If CSIS is targeting individuals belonging to Al-Qaeda or Daesh, as they claim, they must know that for these groups, religion, as counterintuitive it may appear for some, isn’t the sole motivation for violence. It is rather an ideological or political interpretation of religious texts that is their lethal engine.

Osama Bin Laden, the former leader of al-Qaeda in his speech following 9/11, explicitly linked his ‘fight’ to the occupation of Palestine and the illegal and violent presence of American forces in the Middle East. Whether he was being transparent about his motives or not, it is clear that the delineation of what is religious and what is political can be very misleading. So why do we stick the ‘religious’ motive on Muslim groups and categorize other acts of violence differently?

Clear instances of bias revealed in the Rouleau commission hearings

A prime example of this coded terminology at play in reports about the three-week long week occupation of Ottawa earlier this year.

The Public Order Emergency Commission investigating the federal government’s use of the Emergencies Act to end the protests, headed by Judge Paul Rouleau, began a few weeks ago. Newly-public information reveals and confirms that police services and intelligence agencies are very biased when it comes to detecting national security threats from groups that are not Muslim or Sikh. Indeed, for years, they have been allocating human and financial resources to target Muslims and as a result they left other threats, coming from white supremacist violent groups in Canada and the United States, unperturbed. Worse, they assessed them with leniency, if not sympathy.

In a video played at the Rouleau Commission, a pastor delivers a fiery sermon to a crowd in a saloon in Coutts, Alberta. He tells them they should be willing to die for their cause, understood here as the vaccine mandate set by the federal government. Wouldn’t that qualify as violent religious extremism? Why didn’t we see any red flags raised or repercussions for this incitement of violence? Why wasn’t this included as an example of religiously-motivated violence extremism?

Moreover, even when the risk is flagged by some intelligence agents, there is no action taken. Steve Bell, the top-ranking police officer who replaced the embattled Ottawa Police chief during the convoy, was not able to explain, during his testimony at the Rouleau Commission, how his office failed to foresee the risk that was already flagged by some intelligence reports.

I dare to assume here that because the protesters were white and seemed ‘harmless,’ the Ottawa Police Service assumed they would mostly obey the law and leave after the first weekend.

Ottawa convoy assumed to be harmless, at first

Giving protesters the benefit of the doubt should be the norm. However, insisting on giving the occupiers the benefit of the doubt, even when the intelligence reports are indicating otherwise, is hugely troubling.

What is even more concerning is that the chief of the Ontario Provincial Police (OPP) testified at the inquiry that he saw no ‘credible’ information of a national security threat or extremist violence during the convoy.

The same investigation revealed that the RCMP top chief and her OPP counterpart were exchanging texts on how to “calm unnamed cabinet ministers about the situation unfolding in Ottawa.” Would they have the same discussions if the protesters were Muslims, or Sikh, or land defenders from Indigenous communities? I highly doubt it.

The commission heard that a police officer, from the Ottawa Police Service prepared a security intelligence report relying mainly on an editorial by Rex Murphy, a columnist at the National Post. The report reads: “at the time of writing, there is no critical intelligence to suggest any sort of violent actions or concerns for violence.” Though it notes that due to the “vast number of vehicles” involved, protesters “will be able to stop and effectively shut down movement if they desire.”

The attempts to downplay the convoy and its impacts on the city and its residents are very clear. No inflammatory words like ‘terrorism’ were used not even the softer language of ‘ideologically motivated violence extremism.’ Just the neutral and objective word ‘protestors.’

The reports concludes as follow: “no adverse intelligence or any information concerning a specific threat towards this event has been determined at this time.” It is only until after the hearing at the Rouleau Commission that we learned that the officer, who wrote the report, is under review.

Law enforcement officers entangled with convoy

But worst of all, during the Rouleau Commission, we learned that a former member of Prime Minister Justin Trudeau’s security team (and RCMP officer) may have leaked the Prime Minister’s schedule to the convoy organizers. That officer resigned because of the vaccine mandate but his name hasn’t been made public. We don’t even know if he is being investigated. We don’t even know his religion, nor his ideology nor his political view.

He wasn’t the only police officer implicated in leaks. Keith Wilson, the counsel for some convoy organizers, admitted that the convoy regularly received leaks from sympathetic police officers about the operational plans.

These examples clearly show that our intelligence agencies should come clean about their biases and their negligence in determining the real threats to national security. Amplifying some threats when they are coming from Muslims, and downplaying others or keep qualifying them as ideologically motivated without a full analysis is not fair.

Our social cohesion and democratic principles deserve better.

This article was initially published at rabble.ca

Should the Proud Boys be labelled terrorists?

I hate the word “terrorist.” It is hard for me to pronounce; it brings back painful flashbacks of the wrongful arrest and consequent imprisonment and torture of my husband Maher Arar. It brings back years when the mere pronouncing of this word signified mobilization for human rights, activism against security certificates, pushback against Bill C-51, and the physical and emotional drain these campaigns meant for me and many activists. When you have been labelled a terrorist, you are usually a Muslim man — and by all legal standards it is one of the worst accusations, if not the worst, to have made against you.

It doesn’t matter much if your name has been cleared (a very rare occurrence, anyway). Once labelled a terrorist, you will be one forever. That is the power of stigmatization. That is the power of some words.

Since 2002, I have written many columns and spoken to audiences across the country denouncing successive anti-terror legislation adopted by Canada and by countries around the world. I still stand up today to denounce these laws. They unfairly target Muslim communities; they rely on racial and religious profiling. I consider them unconstitutional and our struggle should continue to denounce them.

Guantanamo — a whole island in the middle of the ocean — was used by the United States 19 years ago to indefinitely imprison Muslim men. Without due process, they were branded terrorists. They were waterboarded, tortured, forcefully fed, scared by dogs, and mentally and physically abused by guards.

All of this is still accepted by much of the public in the name of fighting terrorism.

Canada isn’t any different in all of this. It kept Omar Khadr in that shameful prison since he was 15 years old. Successive governments refused to repatriate him. Political parties played partisanship games to use Khadr as an example of vigour and rigour in fighting terrorism.

To this day, Mohamed Harkat, a refugee from Algeria, cannot get his permanent resident status, despite living in Canada for over 20 years, only because he was arrested under a security certificate accusing him of being a “sleeper cell” or terrorist.

In the aftermath of the storming of the U.S. Capitol by hordes affiliated with white-supremacy — who illegally entered the building, breaking, destroying offices and terrorizing elected officials with weapons — Jagmeet Singh, leader of the federal New Democratic Party, started a petition to ask Prime Minister Justin Trudeau “to immediately ban and designate the Proud Boys as a terrorist organization.”

The Proud Boys are a group of men who pursue “anti-white guilt” and “anti-political correctness” agendas.

A few days ago, the federal government revealed that it was examining information about the Proud Boys and seriously looking into the possibility of declaring the group a terrorist organization.

My initial reaction was against such labelling. I strongly disagreed with the whole idea of creating different, specific sections of the Criminal Code to deal with politically and ideologically motivated violence. Canada’s anti-terrorism legislation is rotten at its core. So how can we make it more legitimate by making cosmetic changes or enlarging its scope to other groups, in this case non-Muslim groups?

Does a correct move change an initial wrong move into a correct one? No, absolutely not.

Anti-terrorism will remain a politically motivated tool that governments around the world use to silence dissent, create division within their own populations, and give the public a false sense of security at the expense of vulnerable (Muslim, racialized, Indigenous) groups.

Nevertheless, today I think that we should label the Proud Boys a terrorist group. Not because I like the labelling, but because it is a matter of simple coherence. Up to now, white-supremacy violence was hidden and protected by mainstream institutions — until it exploded in the world’s face in front of the U.S. Capitol.

For the sake of legal coherence in Western democracies, Proud Boys and other white-supremacist groups should be labelled terrorists. Their monetary and financial channels should be tracked down; their social media should be scrutinized; their members should be imprisoned.

Alexandre Bissonnette, the 27-year-old Canadian who killed six Muslim men and injured 19 others in the Quebec City mosque attack, was never charged under anti-terrorism legislation. I thought he should have been. I even remember some racialized activists insisting that we couldn’t be against terrorism legislation while at the same time calling for terrorism charges against him. It was a serious mistake.

Not only did he recieve less harsh sentences than what he would have under Canada’s terrorism law, but when the time came to challenge his consecutive sentencing a few months ago, Bissonnette successfully appealed.

The same dilemma came to haunt Muslim activists: should we call for consecutive sentences, knowing that our own people would be the majority suffering under this harsh punishment? Or should we adopt a more “civilized” approach and accept the fact that a killer will be able to apply for parole in 25 years?

In both cases, Bissonnette won because to start with, he was never charged under terrorism legislation.

White supremacists should feel the pain of racialized groups. They should navigate the unfair legal system; they should understand what it feels like to be labelled a terrorist.

I have no sympathy for the Proud Boys nor for the Three Percenters, deemed to be the most dangerous group in Canada, nor for all the other white-supremacist Islamophobic groups roaming freely across Canada, recruiting former or current police and military officers.

They should face the consequences of their actions — even if it means that one day we fight together against the same system that, at its origin, has created this oppressive, racist, Islamophobic legislation.

Years ago, Audre Lorde, the black feminist, writer, and civil right activist, wonderfully framed this crucial situation: “the master’s tools will never dismantle the master’s house.” She was a brilliant visionary.

Anti-terrorism legislation is the wrong tool. It overwhelmingly targets racialized people, Muslims in particular. We will forever call for its abolishment. But in the meantime, and while it remains in place, can we use it to eliminate violence done by white supremacists against marginalized groups? Yes, I totally think we should. It is a matter of survival. Until the “master’s house” is dismantled, until that day, I see no other choice than to use the “master’s tools” to protect ourselves and our communities from white-supremacist violence.

This article was originally published at rabble.ca

It is time to bring Little Amira back to Canada

Last year, on February 19th, 2019, Prime Minister Trudeau, on the International Day against the use of child soldiers, declared the following:
“All children deserve a safe space to learn and grow. As part of our G7 Presidency last year, Canada and international partners announced a historic investment of $3.8 billion – the single largest investment of its kind – to support education for women and girls in crisis and conflict situations. Canada has also endorsed the Safe Schools Declaration to protect schools, teachers, and students during armed conflict.”

The words of Prime Minister Trudeau are crystal clear. Canada is serious and committed to protect, schools, teachers and students during armed conflict.

But what if the child is born to Canadian parents who allegedly went to fight in Syria? How if the parents went to fight with radical Islamic groups ( knowing that there are about 40 Canadians who went fighting with Kurdish militia. Their actions were met with somehow a sympathetic public opinion, as if some violence can be accepted depending on who is using it and who is receiving it)? And finally, what if the parents who fought with the wrong side, died and the children are left orphans? Would Prime Minister Trudeau be still committed to protect them?
Until now, the answer is a resounding no. At least for the troubling case of little Amira.

She is a five-year-old Canadian girl, whose Canadians parents went to fight in Syria, and she was born there. Unfortunately for little Amira, her parents and other siblings were killed ( was it during an air bombing by the Russian planes? The American planes or the Syrian regime), and sadly she was left alone in the Al-Hawl refugee camp in eastern Syria earlier. By 2019, the camp population was estimated to 74,000 people, mainly women and children, guarded by the US Kurdish forces.

So far, the Canadian government refused to repatriate little Amira so she can live with her uncles, cousins, grandparents and extended family in Canada. It didn’t want to provide her with travel documents so she can fly home.

There are about 900 children from western countries, including Canada in different refugee camps in Syria, run by the Kurdish forces. Even France who has 270 children from French nationals and in which the public opinion is adamantly against any sympathy towards French Muslims travelling abroad to fight, decided few weeks ago to repatriate 10 of the French children stranded in some of these camps.

These kids didn’t take the arms against anyone. They are not even close to the definition of child soldiers. Thus, they should be, at least benefit from the definition and treatment reserved for child soldiers. Because assuming they are child soldiers, through the actions of their Western parents, wouldn’t they be the “perfect” candidates to be included under the protection reserved for child soldiers?

Recently, the uncle of little Amira decided to go after the Canadian government and sue it because he considered that the Canadian government has been negligent in dealing with the case.

I personally think that this is the best thing to do. “Playing nice” is always interpreted by the government as a lack of means, or lack of determination… By going after the government, I think the family of little Amira is sending a clear message to the Canadian government and to the Canadian public that the right place for little Amira is Canada where her family loves her and wants her among them, despite the circumstance that led to the departing of her parents to Syria.

Despite the alleged acts her parents did or didn’t. She is only five. She needs to be loved, nurtured and most importantly start go to school.

Last week, we read in the news that CSIS, the Canadian intelligence agency has been lying to judges, using illegal methods to obtain warrants against Canadians who went fighting abroad. This is an explosive news. Not surprisingly, it was met with almost no shame by the government and a sort of indifference from the public opinion.

What if some or most of the information obtained about Canadians fighting in Syria is flawed, biased and even false?
Judge Gleeson, found that CSIS has engaged in illegal activities such as “provision of money” and “provision of personal property” to a person “known to be facilitating or carrying out terrorist activity.”

Judge Gleeson said that, in a case of a Canadian who went abroad to Syria, CSIS paid someone known to be facilitating or carrying out terrorism an amount totalling less than $25,000 over a few years.

Who is the guilty and who is the innocent? Relying on the “false” information gathered by CSIS through person who has been conducting terrorism themselves, has been misleading and damaging to the Canadian government and to Canadians. Judge Gleeson wasn’t outraged because of one isolated case. He talked about a “pattern” over years. Personally, I wouldn’t believe any information after hearing from a Canadian judge that CSIS lied on judges so why wouldn’t they lie on all the government and Canadians.

A public inquiry should be announced and getting to the bottom of this should be the right thing to do by Prime Minister Trudeau and his government.

Last May, sixteen independent human rights experts at the United Nations have called on Canada to repatriate little Amira and have described the repatriation of children as “a humanitarian and human rights imperative”.

The Canadian government should correct the wrong, fulfill its promise of protecting children in zone of conflicts and what is better today than bringing little Amira home.

A slightly modified version of this article was published at rabble.ca

COVID-19 and the war on terror

The COVID-19 pandemic is still claiming lives around the world, sending many people to crowded hospitals and putting medical systems under unbearable strain. It is a scary, concerning and tragic situation.

However, with many of us confined at home, it is also a time to reflect on the fragility of the systems we live in, and perhaps learn from the mistakes and bad decisions that have been guiding many of the governments around the world, including Canada.

After the attacks of 9/11, the United States convinced its allies that the world is threatened by the presence of the terrorists, and urged them to join its “War on Terror.” On September 20, 2001, in a national address, then-president Georges W. Bush famously declared: “Every nation in every region now has a decision to make … Either you are with us or you are with the terrorists.” First came the attacks on Afghanistan and then followed the war in Iraq. The whole region never recovered from the military presence of the American troops and their allies.

Bush even incited Americans to “go shopping” and visit “Disneyworld.” In a very simplistic and false dichotomy, he wanted to summarize those attacks as an attack on the way of lives of Americans — an attack of “barbarism” on civilization, an attack of people who hated freedom on those who cherished it. Every intellectual or commentator who tried to situate those attacks in a more geopolitical and multilayered context linked to American politics and interference in the Middle East was criticized and attacked as unpatriotic (remember the backlash against Susan Sontag).

The majority complied and the U.S. Patriot Act was passed to give extraordinary powers to the state for policing, surveillance and imprisonment of the most vulnerable groups, like immigrants and Muslims. Very rare were the voices who opposed this onslaught on the civil liberties. The motto was ‘less liberties for more security.’

From a mocked and belittled president when he was first elected, Bush became a sort of national hero, a semi-divine figure who would lead his country’s people to war: “This battle will take time and resolve, but make no mistake about it, we will win.”

Today, eighteen years later, it is somehow ironic but worth noting that when the peace deal agreement between the U.S. government and the Taliban started to make its way through the media, COVID-19 was accelerating its mortal pace around the world, affecting hundreds of thousands of people. It was as if the implicit message to the U.S. government was that with one threat gone, a new one appeared.

In a report prepared by the Watson Institute for International and Public Affairs at Brown University, released last fall, we learned that the war on terror cost the U.S. economy US$6.4 trillion. 800,000 people died due to direct war violence, and several times as many died indirectly. Over 335,000 civilians have been killed as a result of the fighting.

The figures for Canada are not easy to find. Nevertheless, the same report indicates that “Canada spent an estimated $18 billion on fighting and reconstruction in Afghanistan, but there is no comprehensive figure on other costs.”

Also, the same report notes:

“a Parliamentary Budget Office report estimated in 2015 that the cost of providing financial support to Afghanistan veterans would total $157 million by 2025, discounting (in part due to lack of data) health care, pharmaceuticals and rehabilitation services. Disability benefits to Canadian combat veterans for a single year of military operations were projected to cost $145.2 million over nine years.”

Canada was not as directly impacted by the attacks of 9/11. Among the 2973 victims, only 24 were Canadians. Of course, these are lost human lives and their families were devastated, but it wasn’t a direct terrorist attack that hit Canada. Despite this matter, the Canadian parliament hastily passed in 2001 the Antiterrorism Act that mainly and tragically affected the lives of Canada’s Muslim community (representing barely 3 per cent of the population). It affected their jobs, economic situations, travels, civil liberties, families, children and integration in the Canadian social fabric.

The Canadian government also joined the war on terror because of the pressure from the U.S. government and because the RCMP and Canadian intelligence institutions understood that their lack of cooperation with their American counterparts would put their existence and relevancy in jeopardy. In the last two decades, those institutions saw their budgets and powers increase. In 2008, and because the Canadian government didn’t want to reveal the cost of extra security measures introduced after 9/11, CBC found that $24 billion was spent by the federal government on security measures since 9/11. In 2008, the RCMP’s annual budget rose by close to $1 billion since 2001, and the budget of Canada’s intelligence agency, CSIS, nearly doubled.

Were those increase justified? Not as much as they were portrayed by some politicians. There was never any evidence that showed those additional funds helped secure the lives of Canadians. In Canada, terrorist risks, understood here as emanating from the Muslim community, were not particularly higher than in any other part of the world. In 2018, Public Safety Canada wrote in its annual assessment “the principal terrorist threat to Canada and Canadian interests continues to be that posed by individuals or groups who are inspired by violent ideologies and terrorist groups, such as Daesh or al-Qaida (AQ).”

Despite the increasing violence and the flourishing of white supremacist groups, those institutions are still frozen in the post-9/11 mentality, trying to milk the threats posed by the ‘usual suspects.’

Successive Liberal and Conservative governments accepted those increases in defence, surveillance and police budgets. But there was never an open public debate about the relevance of the Canadian participation in the war in Afghanistan that cost at least $18 billion, the death of 158 soldiers and more than 1,800 wounded. It is still a taboo. The late Jack Layton, former leader of the New Democratic Party who courageously dared to suggest in 2006 in the House of Commons that Canada should negotiate with the Taliban was derided by other political parties as “Taliban Jack.”

False and misleading parallels were always drawn in the media and by politicians between the role of Canada in the liberation of Europe in the Second World War, and its implication in the war in Afghanistan. There was nothing in common between those two conflicts: the stakes were totally different. Unfortunately, the media and some politicians used the same rhetoric to justify a bad decision dictated by American politics and not by the interests of Canadians.

The war on terror in Canada and in the U.S. wasn’t financed through higher personal taxes or more contributions from business. Rather, it was funded through additional borrowing and higher debts and interests. Over the last decades, Canada’s public finances kept worsening and federal and provincial governments kept slashing health budgets, education and social programs. Everybody was asked to make sacrifices. They sold us an illusory sense of safety by looking always at the same misleading source of danger, terrorism, while ignoring other dangers.

Our participation in the war on terror gave us tunnel vision, where the threats were artificially maintained and inflated, while all other dangers were dismissed or diminished. Health budgets, education funding and support for infrastructure, social housing and scientific research were always the last of the priorities of our governments. Those services were the sacrificial lambs in order to participate in the war on terror.

Today, with the high spread of COVID-19 and the increasing number of fatalities, provincial governments wake up to a sad reality. The hospitals are in need of masks and ventilators; nurses and doctors are overworked; schools are not equipped with online resources that would have made it easier to keep children educated while schools are closed.

COVID-19 is revealing the naked priorities of our governments. When Trudeau announced money to help Canadians laid off because of the crisis, and to give a fiscal break to small businesses, he is not being nice and charitable. These are overdue measures that should have been taken decades ago. Perhaps the situation of Canadians today would have been less vulnerable, and our health systems would have been more prepared to face this pandemic.

If COVID-19 has any positive message, I see it as making us reassess our personal priorities and policies as a country. Maybe it is time to tell ourselves — without being accused of being a terrorist apologist, a socialist or just naive — that the war on terror was a bad decision, and that instead we should have invested those billions of dollars in health, education and the most vulnerable in our society.

This column was first published on rabble.ca

Kingston arrest shows terrorism charges are exclusively for Muslims

A few weeks ago, seven teenagers were taken into police custody after a lockdown at a high school in Milton, Ontario. One was released, and six others were arrested. No one was injured but a knife was recovered, as well as two weapons believed to be firearms.

This incident was reported by a few media outlets in Ontario. It isn’t clear whether the teens were charged or not. A simple search on the internet brings up dozens, if not more, of such incidents happening across Canada. Bombs threats, possession of weapons, and threats of violence, all the work of Canadian teenagers and all happening right here in Canada, probably near one of your neighbourhood high schools.

Despite the gravity of the acts, there were no RCMP press conferences, no terrorism charges laid against these teenagers, no security experts invited by the national media to analyze the phenomenon, and no politicians asking for an overhaul of the refugee screening program. The language spoken by these young perpetrators didn’t interest any commentators. And Opposition leader Andrew Scheer hasn’t asked any questions about the incident in Milton, and didn’t call for a tightening of firearms legislation, even knowing that his predecessor Stephen Harper dismantled the federal long-gun registry in 2012. No special aircraft was used for surveillance of these neighbourhoods and no FBI tips to the RCMP about any of these incidents were shared. Nothing like this happened. Basically, no one cares.

But when the protagonist of similar acts is a teenage boy, most likely of Muslim background, and came to Canada as a Syrian refugee, it is a whole different story. The RCMP is involved, the FBI — previously implicated in an operation that led to the killing of Aaron Driver, a young Muslim-Canadian who was a supporter of ISIS, in obscure circumstances — are now in the loop. A Pilatus PC-12 RCMP aircraft was surveying the teen’s Kingston neighbourhood for days before his arrest. A press conference was held by no less than the Integrated National Security Enforcement Team of the RCMP. Even financial monitoring agency FINTRAC, which has so far been inefficient in stopping major money laundering and gave anonymity to a Canadian bank found guilty of not respecting the rules, joined the efforts. And of course, Scheer was so worried that he asked for a re-examination of the screening process for refugees coming to Canada.

From this Kingston arrest, we learned that explosives were found in the teen’s house and that initially two young people were arrested. One young man was later released and not charged, even though he had been named by the media. The other person turned out to be a teenager and was subsequently charged.

According to the RCMP, explosives were found in the house; however, by his own admission, the RCMP superintendent told the media that “there was no specific target identified.” Nevertheless he was adamant in saying that “there was an attack planned.” Despite all these confusing statements, the teen was charged with “knowingly facilitating a terrorist activity,” and “counselling a person to deliver, place, discharge or detonate an explosive or other lethal device in a public place.”

This week, I was at a vigil on Parliament Hill to commemorate the killing of six Muslim men by a young Canadian man, Alexandre Bissonnette. Despite the planning of his heinous crime, and his clear intent to spread fear and terrorize Muslims in a place of worship, Bissonnette was never charged with terrorism. He was described as a bullied and troubled teenager, and as a “lone wolf,” but never as a terrorist.

The Crown psychiatrist for his case said Bissonnette “didn’t promote any type of ideology in carrying out actions” (understanding ideology as Islam).

In opposition, the recently arrested Kingston teenager, even though he was not charged with belonging to a terrorist group and thus would have been a good candidate for the qualification of “lone wolf,” was still charged with terrorism.

Today, I have not a single doubt in my mind that this teen is Muslim. Today, I have the deep conviction that terrorism legislation in Canada is made to indict Muslims and Muslims only.

During that vigil, there were Liberal politicians present. They all condemned Islamophobia and hate. And that is commendable.

Looking at the centennial flame, and thinking of the widows and orphans and victims with life-long injuries left behind by the actions of Bissonnette, I wondered in silence if any of those politicians ever thought that the same legislation their own party voted for is responsible for stirring the pot of Islamophobia.

When Public Safety Minister Ralph Goodale candidly “urges people not to jump to conclusions based on early reports” and accuses Scheer of “talking as if he knows the outcome of a police investigation,” doesn’t he realize that these same mediatized arrests by his own law enforcement agencies, and their problematic collaboration with the FBI (found guilty of entrapment many times) are responsible for this climate of fear and the “jumping to conclusion” attitudes that he is denouncing? Couldn’t the case of the Kingston teen have been dealt with differently? He could have been charged on the basis of the Criminal Code, like in the other teenagers’ arrests across the country — teenagers, frequently found with weapons and firearms, and who no politicians, no security experts, no RCMP, no FBI, no national TV, are there to talk about and care about.

This article was originally published at rabble.ca

Mohamed Harkat should never be deported to torture

I first heard about the case of Mohamed Harkat in December 2002. It was a dark time for me and my family. My husband, Maher Arar, was detained in Syria; I had become a single mother with two young children, living on social assistance. The whole world was swept with anti-terrorism policies: if you were an Arab Muslim man, you would be at high risk of racial profiling, interrogation and eventually deportation to torture.

I learned about the case of Mohamed Harkat when I saw his wife, Sophie Harkat, on the front page of the Ottawa Citizen, making an emotional plea for the release of her husband. I immediately felt a sense of sympathy for her. I felt we were fighting a similar battle. We were two women caught in the legal aftermath of 9/11, trying to bring justice to their loved ones, but surrounded by a wave of suspicion and a climate of fear.

Mohamed Harkat was arrested in front of his home in Ottawa under a security certificate. At the time, very few Canadians would have known about the controversial procedure that allows two cabinet ministers to sign a certificate ordering the deportation of a refugee or permanent resident out of Canada. This measure existed before the events of 9/11 and before the new national security legislation that followed. Nevertheless after 9/11, it became the tool par excellence to order the deportation of those deemed “dangerous” terrorists or sleeper agents. The security certificate is supposed to offer ministers a speedy way to order the deportation of an alleged terrorist. However, since 2002, these measures have been proven — through several court decisions and long public campaigns — problematic at many levels.

Mohamed Harkat’s case proved that as well. After his arrest, he was detained for a year in solitary confinement, then transferred to “Guantanamo North,” the Millhaven prison built at the exorbitant cost of $3.2 million specifically to house Arab Muslim men detained under security certificates. When Harkat was released from prison, he was put under house arrest with conditions considered to be the strictest in Canadian history. As Sophie Harkat mentioned in public speaking appearances, during this time she became her own husband’s de facto jailer, responsible for making sure he didn’t use the internet or drive outside the designated perimeter without the knowledge of Canada Border Services agents.

After 16 long years fighting his security certificate, today Mohamed Harkat is still threatened with deportation to his native Algeria. The secret evidence that led to his arrest has been destroyed by Canadian Security Intelligence Service, the informants used in this case were never cross-examined, and we learned through court proceedings that some of that “evidence” was collected through a suspect named Abu Zubeydah, who is still detained in Guantanamo Bay and who was waterboarded 83 times and subjected to torture such as sleep deprivation, forced nudity, and confinement in small dark boxes.

Mohamed Harkat escaped Algeria in 1990, at the start of the civil war that ravaged his country of birth for over a decade. He left to live in Pakistan and later came to Canada as a refugee claimant fearing for his life if he returned to Algeria. His arrest and subsequent imprisonment and treatment in Canada make him a perfect candidate for immediate arrest and detention in Algeria if deported there by the Canadian government.

According to Amnesty International, Algerian authorities “took no steps to open investigations and counter the impunity for grave human rights abuses and possible crimes against humanity, including unlawful killings, enforced disappearances, rape and other forms of torture committed by security forces and armed groups in the 1990s during Algeria’s internal conflict, which left an estimated 200,000 people killed or forcibly disappeared.”

So why does the Canadian government want to send Mohamed Harkat back to Algeria? Do they want to turn him into another “disappeared” man?

After the Supreme Court of Canada deemed security certificates unconstitutional in 2007, Canada’s new security certificate legislation was modelled on the British system. Two years ago, the British government was barred from deporting six Algerian men suspected of having links with Al-Qaida to Algeria over concerns of torture.

Despite what British government lawyers qualified as “agreements with Algeria against torture,” the Special Immigration Appeals Commission ruled that “potential future political instability in the country could undermine the assurances’ longevity.”

Why is Canada following the British model for security certificates yet turning a blind eye to decisions coming from that country — decisions that would help keep Mohamed Harkat in Canada, away from torture?

Prime Minister Trudeau and his government are under a lot of pressure from the Conservatives, who are trying to paint them as soft on terrorism. This is not new. The Conservative government has taken a hard line on terrorism — and anyone suspected of having links to it — in the past. They did it when they passed sweeping anti-terrorism legislation in 2015, they did it when they refused to repatriate Omar Khadr from Guantanamo, and they do it today on the issue of the return of Canadians who travelled overseas to fight in Syria. History has proven them wrong. Prime Minister Trudeau shouldn’t bow to this political pressure. Mohamed Harkat has suffered enough. His place is in Canada. He should never be deported to torture.

This column was initially published at rabble.ca

The othering of immigrants in Canada

This summer, I was a writer in residence in the Marpole community of Vancouver, B.C., at the Historic Joy Kogawa House. It is a privilege to be in a place that saw some of the childhood years of one of the most important literary figures in Canada, the poet and novelist of Japanese descent, Joy Kogawa. Unfortunately, during the Second World War, that same house saw its confiscation from the Kogawa family by the Canadian government. A similar fate awaited other houses, properties, boats and farms belonging to Japanese Canadians after the Pearl Harbour attack. Joy Kogawa and her family, along with 22,000 Canadian Japanese, were banned from living anywhere within 100 miles of the Pacific Coast and were forcibly sent to internment camps throughout B.C. and other parts of Canada. In the case of Joy Kogawa and her family, they were interned in the small town of Slocan, in the Kootenays.

That decision, which by today’s standards seems arbitrary and unfair, was actually perfectly “legal” — approved by Canada’s Parliament, the country’s main newspapers and a majority of Canadians. Not only was it approved, further steps were even taken to protect the “homogeneity of Canadians.” This extra zealous attitude manifested itself in fundraisers organized in the Marpole community, where a flag harbouring the Union Jack was used by neighbours as a fundraising tool in the war and post war efforts, as a symbol of the British homogeneity of the neighbourhood. These seemingly innocent popular and populist actions fed and reinforced the “othering” of Japanese Canadians.

One of the main arguments used at that time by the government was one that I, as a Muslim immigrant after 9/11, came to know very well. National security. Basically, Canadians who happened to share the same language, culture and physical features (and in most cases those were the only common factors) as the enemy from Japan at war against the allies, came to automatically represent a threat to the security of the rest of Canadians. Their loyalty was constantly questioned to the point that their physical presence became a source of concern for law enforcement, security intelligence, politicians and by extension, the Canadian public. Based solely on their origins or the origins of their parents, these Canadians were categorized as “enemy aliens” under the War Measures Act.

What I found worth noting in this sad story is that the horrible suspicion, later followed by the forced repatriation, internment and evacuation of Japanese Canadians, didn’t happen overnight or in the heat of the action during the Second World War. The “othering” of Japanese Canadians started as early as the late 19th century when the first Japanese fishermen started immigrating to B.C. A feeling of resentment was already very common, seen in accusations of these new immigrants “stealing jobs” from the rest of the population. And those feelings of fear, suspicion and resentment didn’t cease. They led to violent riots in 1907 and culminated in the internment, dispossession and uprooting of Japanese Canadians. When the atomic bomb was dropped in Nagasaki on August 6, 1945, then prime minister Mackenzie King wrote in his diary: “It is fortunate that the use of the bomb should have been upon the Japanese rather than upon the white races of Europe.”

Many today would argue that he was a man of his time and that he was just expressing relief amid the horror of the war. I am not convinced.

What about today’s politicians who are once again raising the spectre of fear around immigrants and urging for actions to maintain “social harmony”? It reminds me terribly of sour stories from the past.

A recent survey released by Angus Reid showed that people in B.C. (and pretty much across Canada) are afraid of immigration. It showed that about half of the respondents (49 per cent) “think immigration levels should be decreased (compared to 36 per cent in 2014),” whereas about a third of them (31 per cent) “think levels should stay the same (compared to 48 per cent in 2014),” and only a mere six per cent “think levels should be increased (compared to nine per cent in 2014).”

Executive director of Angus Reid, Shachi Kurl, was very cautious in her interpretation of these numbers that I personally, as an immigrant, found very troubling. She said that “it’s hard to tell whether political discussion around immigration is driving public opinion, or vice versa,” basically making it into a chicken and egg dilemma.

It doesn’t matter who started it first: both are feeding into each other’s false rhetoric and the consequences are scary and real. The stories of Joy Kogawa’s family and other communities facing discrimination across Canada’s history are not over. Personally, I live in their shadow. For me, there is no doubt that fake news journalists as well as certain politicians are stirring this highly dangerous pot. On the other hand, what could be described as valid and legitimate socio-economic questions and concerns (for instance, unaffordable housing in Vancouver) raised by citizens are dangerously exploited by media and politicians. They portray the “Other” as the main culprit behind these complex questions and thus point to the “Others” as the evil force driving the vertiginous price increase of the housing market or stealing the jobs of Canadians.

No matter who started it first and no matter who is taking more advantage of this xenophobia, one thing is for sure — it won’t take us anywhere better. I am not trying to say that what happened to Japanese Canadians is a real possibility for other groups of immigrants in Canada today. Nevertheless it is clear to me that at least 49 per cent of Canadians haven’t learned from the story of Joy Kogawa and her family.

The “othering” of groups and communities, in this case immigrants, always starts somewhere but then moves quickly like a snowball and soon nobody is able to stop it. This is why people today may look back at sad historic events and ask themselves: “How did these horror stories happen?”

This article was initially published on rabble.ca

The torturers’ bargain: Crime and no punishment, but many rewards

Despite being deeply implicated in some of the worst crimes of the Bush administration’s torture regime, Gina Haspel has been promoted to Director of the CIA.

Haspel managed the CIA’s Site Green detention camp in Thailand, the blueprint for the rest of the Agency’s “black sites” around the world: a matrix of secret prisons where the captives could be brutalized with impunity.

Black site detainees were broken physically and psychologically; kept naked, beaten, hooded, waterboarded, threatened with electric chairs and military dogs, sexually abused (including through medically unnecessary rectal feedings so forceful the effects resembled those of violent rape), locked in boxes filled with insects, and forced to lie in their own excrement. One lost an eye, at least two died, and many hallucinated or begged to be killed.

Even more damningly, it turned out that almost one-quarter of the detainees had been sucked into the CIA’s system of black holes completely by mistake, according to the U.S. Senate Intelligence Committee.

One of the prisoners over whose torture Haspel presided, Abdal Rahim al-Nashiri, was described by a U.S. Navy reserve doctor as “one of the most severely traumatized individuals I have ever seen … in my over 20 years of experience treating torture victims from around the world, including Syria, Iraq, and the Democratic Republic of Congo.”

The prohibition of torture in international law is universal and absolute, and the UN Convention Against Torture requires all forms of involvement in it to be criminalized. But instead of being punished, many of the officials responsible for America’s torture program have been advanced to positions of even greater power — a tradition started by Presidents Bush and Obama, and now extended by Donald Trump.

Government lawyer Jay Bybee, for example, who helped construct the legal framework used to justify torture, was given a lifetime seat as a judge on the Ninth Circuit Court of Appeals.

Bybee’s co-architect of legalized torture, White House Counsel Alberto Gonzales, was elevated to U.S. Attorney General.

Former Deputy Secretary of Defense Paul Wolfowitz, who approved the torturous interrogation techniques employed at Guantanamo Bay and Abu Ghraib, went on to become President of the World Bank.

John Brennan, who endorsed extraordinary rendition and torture as a CIA official during the Bush years, was appointed first as White House Homeland Security Advisor and then as CIA Director by Barack Obama.

George Tenet, who authorized and directed the use of torture as Director of the CIA, received a Presidential Medal of Freedom from George Bush — while Bush himself is now being memorialized in nostalgic hindsight as Trump’s contrast in presidential virtue and restraint, rather than his precedent in lawless brutality.

In Canada, too, individuals complicit in torture have long been rewarded instead of removed.

For instance, psychiatrist Donald Ewen Cameron — who conducted electroshock experiments on humans at McGill University in the 1950s, for a CIA-funded project on mind control — ascended to President of the World Psychiatric Association.

More recently, the O’Connor and Iacobucci Inquiries determined that Canadian security agencies wrongfully labelled four innocent Muslim men as terrorists on the basis of racist stereotypes in the wake of 9/11, and then took advantage of their resulting incarceration in countries infamous for torture to try to extract information out of them.

But none of the authorities inculpated have been prosecuted. On the contrary, several were promoted — among them Mike Cabana, the inspector in charge of the RCMP’s torture-enabling A-O Canada investigation, who climbed the ranks to Deputy Commissioner; and Stephen Covey, the RCMP’s liaison with the torture-mongering Syrian regime, who became a Superintendent.

At least three of the participants in the torture scandal, including Cabana, were subsequently honoured with the Order of Merit of the Police Forces for “exceptional service.”

Giuliano Zaccardelli — who was pressured to resign from his post as Commissioner of the RCMP after lying to a parliamentary committee about the torture of Maher Arar — was given a senior position in Interpol, the global police force.

Last month, Kelly Pocha was fired from her job in a British Columbia car dealership, following outrage about her racist tirade in a Denny’s restaurant denigrating a group of Muslims as “not Canadian” — while the planners and executors of a global system of abuse designed to treat scores of Muslim detainees as non-human have not only been spared punishment, but permitted to rise to the heights of institutions entrusted with enormous amounts of power.

The logic required to rationalize the apparent paradox — the bigger the scale of the transgression, the smaller the penalty — can only be described as tortured.

This article was written in collaboration with the legal analyst Azeezah Kanji and first published at rabble.ca