Court misconstrued Charter when directing feds to bring men in Syria home, Canada argues
Global News
Government lawyers are set to stress that point in the Federal Court of Appeal Monday as they seek to overturn a January ruling by Federal Court Justice Henry Brown.
The Canadian government says a federal judge misinterpreted the Charter of Rights and Freedoms in directing officials to secure the release of four men from detention in northeastern Syria.
Government lawyers are set to stress that point in the Federal Court of Appeal Monday as they seek to overturn a January ruling by Federal Court Justice Henry Brown.
In his decision, Brown said Ottawa should request repatriation of the men in Syrian prisons run by Kurdish forces as soon as reasonably possible and provide them with passports or emergency travel documents.
Brown ruled the men are also entitled to have a representative of the federal government travel to Syria to help facilitate their release once their captors agree to hand them over.
The government says in written arguments filed in the Court of Appeal that Brown mistakenly conflated the recognized Charter right of citizens to enter Canada with a right to return – effectively creating a new right for citizens to be brought home by the Canadian government.
Federal lawyers argue Brown’s “novel and expansive” approach overshoots the text, purpose and protected interests of the Charter right to enter, and is inconsistent with established domestic and international law.
The government also contends the court usurped the role of the executive over matters of foreign policy and passports. “The mandatory actions fail to respect the proper role of the executive and prevent it from making necessary, timely and individualized assessments within its expertise about a range of complex considerations.”
The judge’s ruling has largely been put on hold while the appeal plays out. However, Ottawa must still get the process started by initiating contact with the Kurdish forces who are detaining the men in a region reclaimed from the Islamic State of Iraq and the Levant.