Yesterday the O’Connor Commission released its’ findings in the Maher Arar case. Most Canadians and, I suspect, all the Americans reading this wouldn’t know Maher Arar from a case of canned fancy peas. Let me explain a bit of the backstory.
Maher Arar was born in Syria and came to Canada in 1988 to avoid mandatory military service. He applied for citizenship, was duly investigated, processed and welcomed into Canada as a full citizen. On his Canadian passport, it listed his birthplace as Syria, just like mine lists Toronto.
He went to school, eventually earning a couple of degrees in engineering and computer science. Maher married a wonderful woman, Monia Mazigh and they had two children. Monia, by the way, is no slouch either. She is a Ph.d in Finance from McGill University, is from Tunisia originally, but, like Maher, a Canadian citizen. I’ve met Monia a couple of times. She is a remarkable person.
If you were to look at a photo of Maher and Monia, you would see two people who are chasing the Canadian dream of making a better life for themselves and their children.
On September 26th, 2002, things went very badly for Maher Arar. On a flight back from Tunisia, where he was taking a vacation, the plane stopped at JFK on its’ way to Montreal. The passengers got off and went through US Customs. Maher was detained as it was alleged he was an associate of Abdullah Almalki. Abdullah Almalki was suspected of having ties to Al Qaeda.
Maher worked with Almalki’s brother at an Ottawa high-tech company, so yes, Maher knew Abdullah Amalki. Amalki even co-signed a rental lease for Maher Arar in 1997.
This isn’t quite as sinister as it first sounds. New immigrants (Canadian and American) usually have to have someone more financially established co-sign with them for a few years, until they have their financial feet under them. Then, you return the favor, co-signing for someone else just starting out.
The real sinister stuff was just beginning. First of all, why and how did US Immigration have a photocopy of a lease document, signed in Canada? That’s an easy one to answer: The RCMP gave it to them in the wake of 9/11.
Despite being a full Canadian Citizen, Maher Arar was held in detention, without ability to contact the Canadian Consulate in New York. He was held without access to legal services or even so much as being allowed to contact his family to say “I’m in the shit”.
US Customs extradited him to Syria on October the 7th or 8th. The first time Canada heard that one of our citizens was exported to a third country, was on October 10th 2002, when he turned up in a detention center, near Damascus, Syria.
Arar was imprisoned in Syria for 10 1/2 months, during which time he was tortured and forced to sign a false confession which purported that he had trained in Al Qaeda camps in Afghanistan.
He says that he was kept in a 3-foot by 6-foot, dark, underground cell, beaten and threatened with electrocution. He was further traumatized by overhearing other prisoners being tortured. On October 5th 2003, he was released by Syria and got his ass back to Canada right quickly, not taking any flights that went through the US.
After Arar’s release, the controversy continued over his treatment by the US and over the role that Canadian police and government officials may have played in his deportation and interrogation. The United States claimed that the RCMP had provided them with a list of suspicious persons including Maher Arar.
It was also discovered that Canadian consular officials knew that Arar was in custody in the United States but did not believe that he would be deported. The Canadian government maintains that the decision to deport Arar was made by American officials alone. The Canadian Passport meant nothing. Being a Canadian Citizen meant nothing.
On September 25th 2004, the results of an internal RCMP investigation by RCMP Chief Superintendent Brian Garvie were published. Though the version released to the public was censored, the Garvie report documented several instances of impropriety by the RCMP in the Arar case, including breaking into a reporters’ house to look for leaked documents.
A lot of people yelled “bullshit” and “coverup”. So, on February 5th 2004, the Canadian government established a commission of inquiry under Dennis O’Connor, Associate Chief Justice of Ontario to investigate and report on the actions of Canadian officials.
The final report, released yesterday, categorically states that there is no evidence linking Arar to terrorist activity. The O’Connor Commission also said that the RCMP passed false information on to US authorities. Further, that the RCMP leaked untrue information to damage his reputation. The report also confirms that Maher Arar was tortured while in Syria.
As a Canadian, I am ashamed that a citizen of our country was treated this poorly by his government. Nobody will be punished, nobody will lose their jobs, nobody will catch hell for letting Maher Arar down.
I am also ashamed by the RCMP, as the O’Connor Commission report details several incidents where the RCMP did things that no reputable, honest and honourable police force would do. Again, nobody will be punished, nobody will lose their jobs and nobody will catch hell for this kind of behavior.
I just hope Maher Arar forgives us for letting him down.