VZCZCXRO0877
OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
DE RUEHOT #0423 1551910
ZNR UUUUU ZZH
O 041910Z JUN 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9494
INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE PRIORITY
RUEHKH/AMEMBASSY KHARTOUM PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0555

UNCLAS OTTAWA 000423 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PTER PREL SU CA
SUBJECT: COURT ORDERS CANADA TO REPATRIATE ABDELRAZIK 
DESPITE 1267 "NO FLY" LISTING 
 
REF: OTTAWA 313 
 
¶1.  (U)  In a decision on June 4, a Federal Court judge ruled 
against the Canadian government in the case of Abousfian 
Abdelrazik and ordered it to issue him an emergency passport, 
arrange (and, if necessary, pay for) his transportation -- 
within 30 days -- from Khartoum to Montreal along with an 
escort, and ensure his appearance before the Court on July 7. 
 The court labeled Abdelrazik "as much a victim of 
international terrorism as the innocent persons whose lives 
have been taken by recent barbaric acts of terrorists."  It 
ruled that Canada had breached Abdelrazik's right under the 
Canadian Charter of Rights and Freedom by not allowing him to 
return to Canada, although the judge indicated that he did 
not find that Canada had "engaged in a course of conduct and 
inaction that amounts to 'procrastination, evasiveness, 
obfuscation and general bad faith,'" as Abdelrazik's counsel 
had alleged.  The judge underscored that "Charter rights are 
not dependent on the wisdom of the choices Canadians make, 
nor their moral character or political beliefs." 
 
¶2.  (U)  The Court noted that the U.S. Treasury Department 
had designated Abdelrazik on July 20, 2006 for his "high 
level ties to and support for the Al-Qaida network" and that 
the U.S. State Department on July 21, 2006 had also listed 
him as a "person posting a significant risk of committing 
acts of terrorism that threaten the security of U.S. 
nationals and the national security."  It noted that the UN 
1267 Committee had listed Abdelrazik on July 31, 2006, and 
concluded that the U.S. -- not Canada -- had likely requested 
that listing.  The court ruling underscored that "there is no 
direct evidence before this Court that Mr. Abdelrazik 
supports, financially or otherwise, is a member of, or 
follows the principles of Al-Qaida."  The judge described the 
1267 Committee regime as a "denial of basic legal remedies 
and as untenable under the principles of international human 
rights," as well as "lacking "basic procedural fairness" or 
even a "limited right to a hearing," and underscored that 
"one cannot prove that faires and goblins do not exist any 
more than Mr. Abdelrazik or any other person can prove that 
they are not an Al-Qaida associate."  The judge was highly 
critical of the decision by Foreign Minister Cannon on April 
3 to deny Abdelrazik's request for an emergency passport on 
grounds of "national security," after years of promises that 
the government would issue one if he could arrange and pay 
for his own travel. 
 
¶3.  (U)  In the House of Commons on June 4, Liberal Party 
Foreign Affairs critic Bob Rae cited the court decision and 
asked the Foreign Minister whether he would now recognize 
Abdelrazik's right to return to Canada.  Justice Minister and 
Attorney General Rob Nicholson instead commented on the 
"lengthy" nature of the ruling and promised only that 
government would "take it seriously," while insisting that 
the government would have to "read carefully" before 
commenting on the substance or announcing next steps.  He 
specifically declined to comment on whether the government 
would appeal the decision. 
 
¶4.  (SBU)  Comment:  As in a similar ruling on the 
government's responsibility to seek the repatriation of 
Canadian detainee at Guantanamo Bay Omar Khadr (reftel), the 
government is likely to appeal this unfavorable ruling. 
 
Visit Canada,s North American partnership community at 
http://www.intelink.gov/communities/state/nap / 
 
BREESE