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Factual Background Vol I English Report of the Events Relating to Maher Arar Factual Background volume i Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar The Report of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar as originally submitted to the Governor in Council included some material which in this published version has been omitted in the interests of national security, national defence or international relations (indicated by [***] in the text). The decision to omit this material is made by the Government of Canada, and does not represent the views of the Commission of Inquiry. © Her Majesty the Queen in Right of Canada, represented by the Minister of Public Works and Government Services, 2006 Cat. No: CP32-88/1-2006E ISBN 0-660-19648-4 Available through your local bookseller or through Publishing and Depository Services Public Works and Government Services Canada Ottawa, Ontario KIA OS5 Telephone: (613) 941-5995 Orders only: 1 800 635-7943 Fax: (613) 954-5779 or 1 800 565-7757 Internet: http://publications.gc.ca Printed by: Gilmore Print Group Ce document est également publié en français sous le titre Rapport sur les événements concernant Maher Arar www.ararcommission.ca Commission of Inquiry into the Commission d’enquête sur les Actions of Canadian Officials actions des responsables canadiens in Relation to Maher Arar relativement à Maher Arar The Honourable Dennis O’Connor L’honorable Dennis O’Connor Commissioner Commissaire September, 2006 To Her Excellency The Governor General in Council May it please Your Excellency: Pursuant to an Order in Council dated February 5, 2004, I have inquired into the actions of Canadian officials in relation to Maher Arar. With this letter I respectfully submit my report. Dennis R. O’Connor Commissioner PO Box / CP 507, Station B / Succursale B Ottawa, Canada K1P 5P6 613 996-4741 Fax / télécopieur 613 992-2366 www.ararcommission.ca / www.commissionarar.ca REPORT OF THE EVENTS RELATING TO MAHER ARAR Factual Background VOLUME I* Contents INTRODUCTION 11 I EVENTS PRIOR TO MR. ARAR’S DETENTION IN NEW YORK 13 1. Canada’s Response to 9/11 13 1.1 Project Shock 13 1.2 Communications from the United States 14 1.3 CSIS Transfer of Investigations to the RCMP 14 2. Formation of Project A-O Canada 16 2.1 Mandate 16 2.2 Composition 17 2.3 Training 21 2.4 Reporting Structure and Information Management 23 2.4.1 Relationship with CROPS 23 2.4.2 Relationship with RCMP Headquarters 23 2.4.3 Relationship with Project O Canada 25 2.4.4 Information Management and Storage 26 2.4.4.1 Supertext 26 2.4.4.2 E&R III 26 2.4.4.3 SCIS 27 2.4.5 Relationship with CSIS 28 2.4.6 Relevant RCMP Policies 28 * Because of its length, this Factual Background is published in two volumes, the first containing Chapters I to III, and the second Chapters IV and V, as well as the Annexes and Appendices. 4 FACTUAL BACKGROUND: VOLUME I 3. Project A-O Canada Investigation — October 5, 2001 to January 22, 2002 30 3.1 Information Sharing — The Original Arrangement 30 3.1.1 RCMP Policies 30 3.1.1.1 Caveats 30 3.1.1.2 Third-Party Caveats 32 3.1.1.3. Reliability Ratings 32 3.1.1.4 Personal Information 32 3.1.1.5. The “Need-to-Know” Principle 32 3.1.1.6 Sharing Information with Foreign Agencies 33 3.1.1.7 Reporting on the Sharing of Information 33 3.1.2 The CSIS-RCMP Memorandum of Understanding 34 3.1.3 The Environment After 9/11 35 3.1.3.1 The Imminent Threat 35 3.1.3.2 The Need to Cooperate with Other Agencies 36 3.1.4 Views on the Information-Sharing Arrangement 37 3.1.4.1 Overview 37 3.1.4.2 RCMP — Criminal Intelligence Directorate (CID) 39 3.1.4.3 CSIS 42 3.1.4.4 RCMP “A” Division — Commanding Officer/CROPS 43 3.1.4.5 Project A-O Canada 47 3.1.5 The Role of Department of Justice Lawyers 50 3.2 Abdullah Almalki — The Target 51 3.2.1 Introduction 51 3.2.2 Background, Scope and Nature of the Almalki Investigation 51 3.3 Meeting at Mango’s Café 52 3.4 Collecting Information about Mr. Arar 53 3.4.1 Biographical Data 53 3.4.2 Surveillance of Mr. Arar and Observation of His House 54 3.4.3 Review of CSIS Files 55 3.4.4 The Minto Lease 55 3.4.5 Financial Investigation 56 3.4.6 Information about Dr. Mazigh 56 3.4.7 Other Information 56 3.5 The Border Lookouts 57 3.5.1 Canada Customs Lookouts 57 3.5.1.1 The Canadian Lookouts for Mr. Arar and Dr. Mazigh 59 3.5.2 The American TECS Lookouts 61 3.5.2.1 The TECS Lookouts for Mr. Arar and Dr. Mazigh 62 3.6 Ahmad El Maati 63 3.6.1 Background 63 3.6.2 Departure from Canada and Detention in Syria 64 TABLE OF CONTENTS 5 3.7 Abdullah Almalki’s Departure 65 3.8 The Canada Customs Searches of Mr. Arar 66 3.8.1 November 29, 2001 66 3.8.2 December 20, 2001 67 3.8.3 Relevant Law and Policies 70 3.9 The January 22, 2002 Searches 72 3.9.1 Applications for Search Warrants 72 3.9.2 The Searches 73 3.10 The Attempt to Interview Mr. Arar 74 4. Project A-O Canada Investigation — January 23, 2002 to September 26, 2002 78 4.1 The Fruits of the Searches 78 4.1.1 The All-Agency Meeting on January 31, 2002 78 4.1.2 The Sharing Arrangements — January 31, 2002 80 4.1.2.1 Project A-O Canada 80 4.1.2.2 CSIS 82 4.1.2.3 CROPS 82 4.1.2.4 CID 83 4.1.3 The Plan for Analysis 83 4.2 The Emerging Relationship with the FBI 84 4.2.1 Access to the Premises and Meetings 84 4.2.2 The Search Information That Was Shared 86 4.2.3 The FBI Visit — Late February 2002 88 4.3 The Supertext Database 91 4.3.1 The FBI Request 91 4.3.2 The Contents 93 4.3.2.1 CSIS Materials 94 4.3.2.2 Information Related to Mr. Arar 95 4.3.2.3 Legal Opinions 96 4.3.2.4 Project A-O Canada Investigators’ Views on What Was Shared 96 4.3.2.5 RCMP Superiors’ Understanding of What Was Shared 97 4.3.3 Delivery to the Americans 100 4.4 Project A-O Canada Presentations 100 4.4.1 April 2002 — Canadian Agencies and the Americans 100 4.4.2 May 24, 2002 — CROPS 101 4.4.3 May 31, 2002 — American Agencies 101 4.5 Mr. Arar’s Departure for Tunisia — July 2002 103 4.6 The Tunisian Inquiries 104 6 FACTUAL BACKGROUND: VOLUME I 4.7 The Proposed Interviews of Messrs. El Maati and Almalki (January 2002 to September 2002) 104 4.7.1 Efforts to Interview Mr. El Maati in Syria and Egypt 104 4.7.1.1 Proposed Interview in Syria 104 4.7.1.2 Proposed Interview in Egypt 105 4.7.2 Mr. Almalki — Questions and/or Interviews in Syria 107 4.8 Project A-O Canada’s Relationship with Other Agencies: January to September 2002 110 4.8.1 CSIS 111 4.8.2 The FBI 111 4.8.3 American Agencies in General 112 4.9 Mr. Arar’s Status as of September 26, 2002 112 4.10 Information on Mr. Arar Provided to American Authorities Prior to September 26, 2002 113 4.11 Evidence of an American Investigation of Mr. Arar 114 II DETENTION IN THE UNITED STATES 149 1. Introduction 149 2. The RCMP’s Response to Mr. Arar’s Arrival in New York, September 26, 2002 149 2.1 The Faxed Questions 151 2.1.1 Lack of Caveats 153 2.1.2 RCMP Headquarters 154 2.1.3 Right to Counsel 155 3. Project A-O Canada’s Involvement — September 27 to October 8 156 3.1 September 27 to October 2, 2002 156 3.2 The American Questions — October 3 157 3.3 The Canadian Response — October 4 159 3.3.1 Use of the Information 160 3.3.2 CSIS Information 162 3.4 Contacts with DFAIT 162 3.5 Corporal Flewelling’s Telephone Conversations 166 3.6 The Potential Interview with Mr. Arar 171 3.7 Contacts with Mr. Arar’s Family 173 3.8 The Events of October 8 174 3.8.1 Project A-O Canada 174 3.8.2 RCMP Headquarters 176 4. CSIS’ Response to Mr. Arar’s Detention 177 TABLE OF CONTENTS 7 5. DFAIT’s Actions 181 5.1 The Initial Contacts 181 5.2 The Seriousness of the Situation 184 5.3 Diplomatic Options 187 5.4 The Consular Visit — October 3 189 5.5 Involvement of Mr. Arar’s New York Lawyer 196 5.6 Discovery of Mr. Arar’s Removal and Efforts to Locate Him 200 6. The American Removal Order 204 6.1 Content 204 6.2 The Legal Framework 205 III IMPRISONMENT AND MISTREATMENT IN SYRIA 229 1. Locating Mr. Arar 229 1.1 Efforts by Embassies and Ambassadors 229 1.2 The Minister’s Efforts 231 1.3 DFAIT’s Request for Information from the RCMP 232 1.4 Briefing of the Prime Minister’s Office by the Privy Council Office 234 2.
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