Four Canadian men detained in Syria are urging the Supreme Court of Canada to reconsider their request for a hearing that could potentially lead to their release. The men, held in Kurdish-run detention centers, argue that their prolonged arbitrary detention without charge or trial constitutes a serious breach of their basic human rights.
Previously, the Supreme Court declined to hear their challenge against a Federal Court of Appeal ruling stating that the Canadian government is not obligated by law to repatriate them. However, the men's lawyers argue that exceptional circumstances warrant another review of their plea for an appeal.
In their original application, the lawyers highlighted the dire conditions faced by the detainees, including severe overcrowding, unsanitary environments, inadequate food and medical care, and reports of torture. They emphasized that the men's foreign captors would release them if Canada intervened, as it has done for other citizens.
The newly filed notice asserts a "constitutional imperative" for the Supreme Court to address cases involving serious human rights violations. Recent evidence suggests that Canada will not repatriate the men, leaving them in indefinite and arbitrary detention amid increasingly dangerous conditions.
Former Amnesty International Canada secretary general Alex Neve, in an affidavit, emphasizes the importance of the case in raising novel human rights issues with broader implications. He highlights the frustration of advocates seeking clarity from the Canadian government on its stance regarding assistance to detainees.
The men previously secured a victory in January 2023 when Federal Court Justice Henry Brown directed the government to request their repatriation and provide necessary travel documents. However, the government contested this decision, arguing against a new right for citizens to be brought home by the government.
Despite the legal hurdles, the appeal judges encouraged the government to make efforts to repatriate the men on its own accord. The detainees' ongoing legal battle underscores the complex intersection of human rights, international law, and government responsibilities.
As the Supreme Court deliberates on whether to revisit the case, the fate of these Canadian detainees remains uncertain, highlighting the pressing need for legal clarity and government action in addressing human rights violations abroad.