STATEMENTS OF CANADIAN OFFICIALS

IN RELATION TO THE CASE OF ABOUSFIAN ABDELRAZIK

2003-2009

DÉCLARATIONS DE FONCTIONNAIRES

CANADIENSrelativement au dossier d’Abousfian

Abdelrazik

2003-2009

Abousfian Abdelrazik à Montréal dans les années 1990.

“We judge it unlikely that, should Abdelrazik’s detention in Sudan become public knowledge, there would be the same sort of outcry that surrounded Maher Arar’s arrest and deportation from the USA.” Signed by R.S. Heatherington, Director of Foreign

Intelligence Division with DFAIT, October 16, 2003 DFAIT documents (2003 to 2005), p. 2117

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Help Abousfian Abdelrazik get a ticket home

Abousfian AbdelrazikFrom Wikipedia, the free encyclopedia

Abousfian Abdelrazik

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BRING ABOUSFIAN ABDELRAZIK BACK TO CANADA!

HUMAN RIGHTS RALLYFriday, September 12, 2008 12 Noon

Human Rights MonumentBRING ABOUSFIAN ABDELRAZIK BACK TO

CANADA!Ottawa and Halifax, Canada

CSIS’ Official Position

"CSIS does not and has not arranged for the arrest of Canadian citizens overseas…In the case of Mr. Abdelrazik, CSIS reiterates that it acted in accordance with the CSIS Act, law and policy.”

Isabelle Scott, CSIS spokeswoman comment to the Globe and Mail, March 4, 2009

DFAIT’s “Unofficial” Position

Excerpt from Secret DFAIT Memo, December 16, 2005

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“As a Canadian citizen he has a right to return to Canada.”

Internal Memo obtained from DFAIT through Privacy Act request (2003-2005), Stamped “CSIS”

“We will take no extraordinary measures, such as sending in a government airplane or a private charter, to effect his [Mr. Abdelrazik’s] departure from Sudan.”

David Hutchings, Ambassador, Canadian Embassy in Khartoum, October 18, 2004

DFAIT documents, (2003-2005 Privacy Act request) p. 912

Le gouvernement soudanais n’a porté aucune accusation contre Abdelrazik: “[Abdelrazik] n’appartient à aucune organisation ni parti

politique ni à une secte ou autre qui soit fondée sur la compréhension religieuse, ou politique ou raciale. (…) sa présence (…) et ses mouvements ne constituent en aucun cas un grand danger ni contre la société ni contre les individus. Sa présence en tout lieu ne peut constituer aucune menace pour aucuns intérêts internationaux.”

Lettre d’exonération du Bureau de Procureur de crimes entamés contre l’état, Ministère de la Justice du gouvernement du Soudan

le 26 juillet 2005

“ I wish I had a magic wand and make this case go away.”

• Odette Gaudet-Fee, DFAIT Consular Case Officer, • Internal Email dated July 13, 2005• DFAIT documents Privacy Act request (2003-2005) p. 434

“Should [Abdelrazik’s ex-wife] get a private plane, there is very little we could do to stop him from entering Canada. He would need an [emergency [passport] and I guess this could be refused but on what ground?”

Odette Gaude-Fee, DFAIT case officer Internal Email dated July 30, 2004 DFAIT Privacy Act Request (2003-2005), p. 736

“I would like to remind you of our commitment, (…), to ensure that he has an emergency travel document to facilitate his return to Canada.”

Sean Robertson, DFAIT Case Management Director, Letter to Abdelrazik’s lawyer dated April 18, 2008

“With respect to your assertion that “Canada’s delay and extreme negligence” caused us to miss out on an offer made by the Government of Sudan to provide an aircraft to return Mr. Abdelrazik to Canada, I would like to confirm that no such offer was made to Departmental officials by the Sudanese government.”

Sean Robertson, DFAIT Case Management DirectorLetter to Abelrazik’s lawyer, dated April 18, 2008

“It is becoming increasingly urgent that we seek authorization from the centre to repatriate Mr. A or written instructions as to how they want us to handle this case. Otherwise we run the very real risk of being accused of having failed to deliver adequate protection and for allowing security concerns to override the provision of consular assistance.”

September 29, 2004 Internal DFAIT Email from Dave Dyet to Konrad Sigurdson

“The Government of Canada is not prepared to contribute to the cost of the flight and also not prepared to provide an escort for Mr. Abdelrazik on the flight.”

October 31, 2004 Response of Canadian Consul to Government of Sudan’s offer to fly Abdelrazik back to Canada

“His return has been the subject of discussions at the highest levels, including Ministers, and a decision was taken that he was “entitled to a one-time Canadian travel document that would allow him to travel to Canada.”

DFAIT Internal Memo Obtained Through Privacy Act Request (2003-2005)

“Mr. Abdelrazik is subject to an assets freeze, arms embargo and travel ban. Note, however, that as for all Canadians, Mr. Abdelrazik retains the right to return to his own country of nationality. International law expressly provides for a right to return, and prevents states from denying return to own’s [sic] state of nationality.”

DFAIT Internal Document Obtained through Privacy Act Request (2006-2008)

Secret Correspondence to Foreign Affairs CSIS “has no current substantial information regarding

Mr. Abdelrazik.”

Jim Judd, Director of CSIS, November 6, 2007

The RCMP “has conducted a review of its files and was unable to locate any current and substantive information that indicates Mr. Abdelrazik is involved in criminal activity.”

Mike McDonnell, Assistant Commissioner, National Security Criminal Investigations, RCMP, November 15, 2007

“Passport Canada will issue an emergency passport to Mr. Abdelrazik, upon his submission of a confirmed and paid travel itinerary.”

• Letter from Passport Canada to Mr. Abdelrazik’s lawyer, December 23 2008

UN Al Qaida and the Taliban Regulations

3. No person in Canada and no Canadian outside Canada shall

knowingly provide or collect by any means, directly or indirectly, funds with the intention that the funds be used, or in the knowledge that the funds are to

be used, by the Taliban, a person associated with the Taliban, Usama bin

Laden or his associates.