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Canada-US Information Sharing and the Case of Maher Arar Bidisha Biswas Western Washington University

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Canada-US Information Sharing and the Case of Maher Arar Bidisha Biswas Western Washington University Western Washington University Western CEDAR Political Science Faculty Publications Political Science 7-2007 Canada-US Information Sharing and the Case of Maher Arar Bidisha Biswas Western Washington University Follow this and additional works at: https://cedar.wwu.edu/politicalscience_facpubs Part of the International Relations Commons Recommended Citation Biswas, Bidisha, "Canada-US Information Sharing and the Case of Maher Arar" (2007). Political Science Faculty Publications. 20. https://cedar.wwu.edu/politicalscience_facpubs/20 This Article is brought to you for free and open access by the Political Science at Western CEDAR. It has been accepted for inclusion in Political Science Faculty Publications by an authorized administrator of Western CEDAR. For more information, please contact [email protected]. Border Policy Brief July 2007 Canada - US Information Sharing and the Case of Maher Arar Volume 2, No. 4, July 2007 by Bidisha Biswas, Ph.D. * Web Address: www.ac.wwu.edu/~bpri Introduction. This article discusses the controversy versy. It has come under particular scrutiny from some related to the detention and rendition by US authorities of the closest allies of the United States, including Euro- of Maher Arar, a Canadian citizen. The Arar case is par- pean countries and Canada. In general, the practice of ticularly significant because of the intense publicity, de- extradition is a formal, legal process through which a per- bate, and mobilization that it has engendered in Canada. son suspected of involvement in illegal activities, includ- This case illustrates problems posed by the expectations ing terrorism, can be transferred from one country to an- and practices of information sharing in Canada – US se- other. Extraordinary or irregular rendition refers to the ex- curity cooperation. trajudicial transfer of persons. It occurs when one coun- Maher Arar holds dual Canadian-Syrian citizenship. try apprehends a person and then transfers him to a third In September 2002, he was detained by American au- country. Under such circumstances, the detainee usually thorities in New York, while traveling back to Canada does not have access to the judicial system of the state from Tunisia. US officials questioned Arar on suspected, which apprehended and transferred him. This practice but never proven, links to Al-Qaeda and then deported has become particularly controversial because of allega- him to Syria. Arar was returned to Canada from Syria in tions that the US government has participated in the late 2003. A public outcry about Arar’s rendition eventu- transfer of terrorism suspects to countries (such as Syria) ally led to the formation of an official Commission of that are known to use torture. Arguably, various interna- Inquiry into the Actions of Canadian Officials in Relation tional treaties and conventions, such as the UN Conven- to Maher Arar. In September 2006, Justice Dennis tion against Torture and Other Cruel, Inhuman or De- O'Connor, who headed the inquiry, ruled that there was grading Treatment or Punishment and the Geneva Con- no evidence that Arar was ever linked to extremist groups ventions, prohibit, or greatly restrict, extraordinary rendi- or was a threat to Canada's national security. He faulted tion. On the other hand, some have argued that excep- Canadian, Syrian and American agencies and called upon tions do exist to this prohibition. The current US ad- the Canadian government to lodge a formal complaint ministration has conceded that it has rendered suspects with the American authorities on the issue. On January to countries that are known to practice torture; it, has 26, 2007, Canadian Prime Minister Stephen Harper issued however, denied the allegation that it has sent the sus- a formal apology to Maher Arar while announcing that he pects for the purpose of torture. 4 Some of the debate will receive C$12.5 million in compensation. In line with around the Arar case involves the issue of extraordinary the recommendations of the Arar Commission, the Cana- rendition. However, as discussed below, other significant dian government has filed protests with the US and Syria issues in Canada – US intelligence cooperation have also about Arar’s treatment. With the help of New York- been highlighted. based The Center for Constitutional Rights, Arar also The primary source of information for this article is filed a lawsuit against the US government. 1 the Arar Commission. 5 The Commission was established Arar’s case has led to some tension between the US in early 2004 to undertake two primary tasks. First, Jus- and Canada. The Canadian government has requested tice O’Connor would investigate the actions of Canadian that Arar be removed from the US terrorist watch list. officials in relation to Arar’s detention and deportation. US authorities have not acceded to this, arguing that the Second, because the Royal Canadian Mounted Police decision to keep Arar on the US watch list is (RCMP) was the primary agency involved in this case, he “appropriate” and based on independent information would make recommendations on a review mechanism collected by American agencies. 2 Canadian authorities for its activities with respect to national security. In other have also been unhappy with the reluctance of the words, there was a factual component to the investiga- Americans to share information on the case with them, a tion, as well as a long-term policy dimension. The Com- point raised by the Arar Report. 3 The case could have a mission released its findings between September and De- significant impact on the nature and extent of Canada – cember 2006. It should be noted that the Arar Commis- US cooperation on counterterrorism efforts. sion invited the governments of the United States, Jordan The American practice of extraordinary rendition has and Syria to participate in the hearings; but all three par- generated significant domestic and international contro- ties declined. The findings of the Report are based on 2 the testimonies and written evidence of Canadians in- any clear or substantive evidence linking Arar to illegal volved or familiar with the case. activities, he was incarcerated and tortured for over a year The Surveillance, Detention, and Rendition of on suspected terrorist links. Maher Arar. Soon after the attacks of 9/11, Canadian Information Sharing between the US and Can- and American law enforcement and security authorities ada. The Arar Report investigates, in detail, the circum- met in order to generate greater cooperation in anti- stances leading to Arar’s detention and rendition. It con- terrorism activities. Canadian agencies were asked to in- cludes that, contrary to comments made by American vestigate individuals in Canada who allegedly had ties to officials, Canadian officials were not involved with Arar’s suspected terrorists. In early October 2001, the RCMP detention and rendition. At the same time, the informa- began investigating Abdullah Almalki, who was believed tion provided by the RCMP did play a critical role in the to be connected to Al-Qaeda. Arar entered the RCMP’s decisions made by American authorities. Justice O’Con- investigations on October 12, 2002, when he was wit- nor was particularly concerned about this and recom- nessed meeting Almalki in Ottawa. mended changes to the information sharing process to Maher Arar was born in Syria and arrived in Canada prevent a recurrence of this situation. on September 1, 1987. He obtained his Canadian citizen- Justice O’Connor was particularly critical of the fact ship on September 28, 1995. Arar holds a graduate de- that the RCMP made several inaccurate and baseless gree in telecommunications and was employed as a com- statements about Arar and his wife to the American au- munications engineer with The MathWorks, Inc., in Na- thorities. This included alleging, without supporting evi- tick, Massachusetts. He had both an American and a Ca- dence, that they were linked to Al-Qaeda. Several other nadian social security number and was a frequent traveler problems were also found in the processes governing Ca- between the two countries. After nadian cooperation with the he was seen meeting Almalki, US. First, information was Canadian authorities put him un- … I strongly endorse the importance of shared without attaching writ- der occasional surveillance and information sharing. Sharing informa- ten caveats, in contravention of financial scrutiny. They also con- conventional RCMP policy. tacted U.S. Customs, the U.S. tion across borders is essential for pro- The absence of caveats could Immigration and Naturalization tecting Canada’s national security inter- increase the risk that the infor- Service (INS) and the FBI about ests, in that it allows more complete and mation would be used by the him. receiving party for purposes On September 26, 2002, accurate assessments of threats to our that violates Canadian practices while passing through John F. security… However, information or values. The rendition of a Kennedy International Airport in must be shared in a principled and re- Canadian citizen to Syria with- New York on his way to Canada, out the approval of Canadian Arar was detained by American sponsible manner. (Arar Report, p. 22) authorities was just such a officials. On October 7, 2002, situation. Second, in April the Regional Director of the INS issued an order finding 2002, the Canadian authorities provided American agen- Arar to be a member of Al-Qaeda and directing his re- cies with its entire investigative database, in the form of moval from the United States. He was then flown to Jor- three compact discs, without screening the information dan and eventually taken to Syria, where he was impris- beforehand or attaching written caveats. This, too, was oned for almost a year. He returned to Canada after his faulted by the Arar Commission. release on October 5, 2003. Justice O’Connor believes that these errors were Based on evidence provided by Arar and extensive committed because the officers assigned to the counter- testimony by human-rights experts, the Arar Report con- terrorism investigations had inadequate training.
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