Report of the Events Relating to Maher Arar Factual Background volume ii 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 REPORT OF THE EVENTS RELATING TO MAHER ARAR Factual Background VOLUME II* Contents IV RELEASE AND RETURN TO CANADA 467 1. Mr. Arar’s Release 467 2. Explanations of His Release 469 3. The Trip Home 470 3.1 Mr. Arar’s Statements to Mr. Martel 471 4. The October 7 Debriefing 472 5. Mr. Arar Meets With the Minister — October 29 473 6. Mr. Arar’s Press Conference 474 7. Mr. Martel’s Memoranda 475 8. The American Position on Mr. Arar’s Detention and Removal, November-December 2003 480 9. Leaks to the Media 485 9.1 Leaks Prior to Mr. Arar’s Return 485 9.2 Leaks Following Mr. Arar’s Return 485 9.2.1 The Graham Fraser and Jeff Sallot Articles 485 9.2.2 The CTV News Leak 486 9.2.3 The Kurt Petrovic Report 487 9.2.4 The Juliet O’Neill Ottawa Citizen Leak 487 9.2.5 The December 30, 2003 Leak 489 9.2.6 Canadian Coverage of the CBS “60 Minutes II” Story 489 9.2.7 Leaks During the Public Inquiry 490 * 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. 464 FACTUAL BACKGROUND: VOLUME II 9.3 Mr. Arar’s Response 490 9.3.1 Effects on Mr. Arar 491 9.4 Government Investigations of the Leaks 492 9.4.1 The First PCO-Directed Investigation: The CTV News Leak 492 9.4.2 The Second Series of PCO-Mandated Investigations: The Juliet O’Neill Leak 495 9.4.3 The RCMP Criminal Investigation into the Juliet O’Neill Leak 496 10. Project A-O Canada’s Continuing Investigation 497 10.1 Overview 497 10.2 Investigation While Mr. Arar Was in Syria 497 10.3 Investigation After Mr. Arar’s Release 503 10.4 Current Status 507 11. CSIS’ Continuing Investigation 508 12. The Tunisian Inquiries 508 13. Assessing the Imminence of Threats — October 2001-February 2004 509 V MISCELLANEOUS MATTERS 523 1. Rendition 523 2. The Monterrey Protocol: A Formal Understanding on Removals 527 2.1 Development 527 2.2 Purpose 528 2.3 Effectiveness 529 3. Consular Protection and Dual Nationality 530 3.1 Introduction 530 3.2 Consular Protection 530 3.3 Dual Nationality 531 3.4 “Clinging” Nationalities 533 4. The RCMP’s Relationship with the Muslim Community 533 4.1 Training 533 4.2 Staffing 537 4.3 Contacts 538 4.3.1 Attendance at Mosques 538 4.3.2 Interviews 539 4.3.3 Community Relations 540 CONTENTS 465 5. Other Investigations in Relation to Mr. Arar 541 5.1 The Garvie Report 541 5.1.1 The CPC Process 541 5.1.2 Chief Superintendent Garvie’s Investigation 543 5.1.3 The Garvie Report’s Conclusions 544 5.1.4 Assistant Commissioner Clément’s Report 547 5.2 The SIRC Report 548 5.2.1 The SIRC Process 548 5.2.2 The SIRC Report’s Conclusions 549 5.2.3 Implementation of the Recommendations 551 ANNEXES 559 Annex 1 Summary of Information on Mr. Arar Provided to American Authorities Prior to September 26, 2002 559 Annex 2 Public Sources of Information on Syria’s Human Rights Reputation 564 Annex 3 The Department of Foreign Affairs and Canadians Detained Abroad 570 APPENDICES 581 IV Release and Return to Canada 1. MR. ARAR’S RELEASE The news that Mr. Arar was about to be released first emerged in the early morn- ing of October 4, 2003 when Minister Graham received a phone call from Syrian Foreign Minister Shara’a. Minister Graham was in Rome for a NATO summit at the time. The Syrian Minister told Mr. Graham that Mr. Arar was being released as a result of the Canadian Prime Minister’s request to President Assad.1 Minister Graham said they were elated by the news, but nervous about hastily an- nouncing it to the public. Mr. Fry of the Minister’s office notified Dr. Mazigh and Marlene Catterall, her MP. The message he conveyed to them was that they did not have Mr. Arar yet, but were very optimistic. Mr. Fry also spoke to offi- cials in the Middle East Division of DFAIT, including the Director responsible for Syria, and asked that he be told as soon as there was word that Mr. Arar was actually back in Canadian hands.2 The next day, in Damascus, the Syrian Military Intelligence called the Chargé d’Affaires at the Canadian Embassy, Tracy Reynolds. (Mr. Pillarella was no longer the Ambassador to Syria, and Mr. Reynolds was the next most senior official.) The Syrians asked that Mr. Reynolds and Mr. Martel come to General Khalil’s office that day.3 Mr. Martel gave immediate instructions at the Embassy to book a flight, hoping that he and Mr. Arar might leave the country that night.4 Mr. Martel and Mr. Reynolds drove to General Khalil’s office at the Palestine Branch, without going through the usual routine of meeting downtown and being driven there by the Syrians. Mr. Arar would later tell Mr. Martel that he saw them arriving in a van, and knew then that he was going to be set free.5 After an initial meeting with General Khalil and other Syrian officials, Mr. Martel spotted Mr. Arar outside the door, and he was soon brought in to sit 468 FACTUAL BACKGROUND: VOLUME II with everybody.6 General Khalil informed his guests that Mr. Arar had been ac- quitted by the judge and was free to go.7 General Khalil then said something, either to the effect that Mr. Arar had been kept for terrorist activities, or that he was now under surveillance for terrorist activities.8 The two Canadian officials also received the message that documents related to Mr. Arar would be released in November, and documents related to criminal matters would be released to the Embassy later. (These documents were never received, even though the Embassy made further inquiries about them.)9 Mr. Martel asked whether Mr. Arar could leave that night, and the General said yes. They stayed about 45 minutes or so, to be polite.10 Upon leaving, General Khalil reportedly told Mr. Martel, in reference to Mr. Arar, to “watch him, watch him,” to which Mr. Martel replied that he need not worry, Mr. Arar was going with him. Apparently, on departure, General Khalil handed Mr. Reynolds a document to be sent back to Canada. Mr. Martel did not view the document.11 Then everybody but the General went down to the car to- gether.12 Mr. Martel made the following notes while in the car: “Computer returned. Arar is leaving with all of his belongings. [General] ordered him transferred to better prison 45 days ago. [Mr. Arar] says he has really been well treated.”13 Ms. Catterall would later learn from Mr. Arar that he had been brought to a court that day, without knowing why. He reportedly was told that he was re- leased, but did not really believe it.14 Mr. Arar would later report to Mr. Martel that the Syrians likely brought him before a judge to make it legal to let him go.15 Ms. Pastyr-Lupul also heard that it was not even clear that an actual trial took place on the day Mr. Arar was released. Whatever happened, there was to be no case. Canadian officials were not notified of a trial, no lawyer was present, and no one was ever advised of the charges against Mr. Arar.16 Some evidence exists indicating that Mr. Arar was forced to sign a confes- sion prior to release. This is mentioned in a human rights report on Syria pre- pared by the Canadian Embassy in Syria. Without more information, it is difficult to say whether this is true, or whether this merely refers to the “confession” ex- tracted from Mr. Arar, through torture, earlier on in his detention.17 Mr. Pardy did testify, however, that being forced to sign a confession before release is almost standard in countries like Syria. The confession is then used as an intimidation factor, possibly against family members, or against Mr. Arar should he wish to return to Syria.18 RELEASE AND RETURN TO CANADA 469 2.