Maher Arar and the Tories: A Question of Accountability
Who is Maher Arar?
Maher Arar is a Canadian engineer of Syrian origin who became a symbol of the global "war on terror" when he was detained in 2002 during a stopover in New York. Arar was traveling back to Canada from Tunis, where he had been visiting his wife, Monia Mazigh, and their two children. He was held by U.S. authorities under the Patriot Act, questioned about alleged links to al-Qaeda, and then deported to Syria, where he was imprisoned for nearly a year. During his incarceration, Arar was subjected to torture, including beatings with cables and being forced to live in a three-foot-by-six-foot cell. Despite his claims of innocence, Arar was denied access to legal representation or communication with his family.
In 2003, under mounting public pressure, Arar was released from Syrian custody and returned to Canada. Subsequent investigations, including a Canadian judicial inquiry led by Justice Dennis O’Connor, revealed that Arar had no ties to terrorism. The inquiry also exposed that Canadian authorities had mistakenly identified Arar as a security threat, and this information had been shared with U.S. officials. The U.S. government’s decision to deport Arar to Syria rather than return him to Canada has been widely criticized as an example of "rendition," a practice where individuals are sent to countries known to practice torture for interrogation.
The Arar case has become a significant issue in Canadian politics, particularly regarding the accountability of the Conservative government led by Prime Minister Stephen Harper. Arar has demanded a public apology, compensation, and a full investigation into Canada’s role in his detention and torture. While the Canadian government has acknowledged that Arar suffered atrocities and announced a public inquiry, many questions remain unanswered, including the extent of Canadian complicity in his rendition and the actions of U.S. authorities.
The Conservative Government’s Response to Arar’s Case
The Conservative government’s handling of the Arar case has been a subject of intense scrutiny. Critics argue that the Tories have not done enough to address the injustices Arar faced, particularly in terms of seeking accountability from the U.S. government. Prime Minister Harper has stated that his government is committed to ensuring that such a situation never happens again, but many observers remain skeptical. Arar’s lawyers have accused the government of failing to press the U.S. for an official apology or explanation for his rendition.
One of the most contentious issues is the government’s reluctance to negotiated compensation for Arar. While the government has acknowledged that Arar was wrongly accused and deserves compensation, they have been criticized for attempting to settle the matter quietly rather than publicly acknowledging state wrongdoing. Arar has rejected the government’s initial compensation offer, insisting that it does not adequately address the suffering he endured or provide full accountability.
Additionally, the Tories have faced criticism for their broader approach to national security and counterterrorism. Opponents argue that the government has not sufficiently distanced itself from the policies of the previous Liberal government, which was in power when Arar was detained. However, the Conservatives have taken steps to review and reform Canada’s national security framework, including the creation of a new public safety ministry and the introduction of anti-terrorism legislation.
The Role of U.S. Authorities in Arar’s Detention
The role of U.S. authorities in Arar’s detention and rendition remains a central issue in this case. Arar was detained by U.S. immigration officials at John F. Kennedy International Airport in New York on September 26, 2002. After being held for two weeks, during which he was interrogated about alleged links to al-Qaeda, Arar was flown to Jordan and then to Syria. U.S. officials have never provided a clear explanation for why Arar was sent to Syria rather than returned to Canada, but it is widely believed that the U.S. intended to subject him to interrogation under torture.
The Canadian government has acknowledged that it shared information with U.S. authorities about Arar, but maintains that it did not request his rendition. However, critics argue that by providing intelligence to the U.S., Canada effectively colluded in Arar’s transfer to Syria. The U.S. government has neither confirmed nor denied its role in Arar’s rendition, but a 2005 memo from the Canadian Department of Justice revealed that U.S. officials had requested Arar’s deportation to Syria.
The Arar case has strained relations between Canada and the United States, particularly in the context of bilateral cooperation on security matters. While the U.S. government has not officially apologized for its actions, senior officials have privately acknowledged that mistakes were made. However, the lack of a formal acknowledgment or accountability from the U.S. has been a point of contention in Arar’s quest for justice.
The NDP’s Position on the Arar Case
The New Democratic Party (NDP) has been a vocal advocate for accountability in the Arar case. The NDP has consistently pressed the Conservative government to take stronger action to address the injustices Arar faced, including demanding a full public inquiry and seeking compensation for the harm he suffered. NDP critics argue that the Tories have failed to fully confront the ethical and legal implications of Arar’s rendition and the role of Canadian authorities in his detention.
The NDP has also called for greater transparency in Canada’s national security policies and practices, particularly with regard to the sharing of intelligence with foreign governments. The party has emphasized the need for stronger safeguards to prevent similar cases of mistaken identity and rendition in the future. By aligning themselves closely with Arar’s cause, the NDP has sought to differentiate itself from the Tories and the Liberals, positioning itself as the champion of human rights and civil liberties.
NDP leader Jack Layton has been a prominent advocate for Arar’s rights, repeatedly raising the issue in Parliament and public forums. Under Layton’s leadership, the NDP has emphasized the importance of holding the government accountable for its actions in cases involving national security and human rights. The party’s commitment to the Arar case reflects its broader priorities of promoting social justice and ensuring that Canada upholds its values of fairness and compassion.
Public Reaction and Advocacy
The Arar case has resonated deeply with the Canadian public, sparking widespread outrage and calls for accountability. Many Canadians have expressed concern over the erosion of civil liberties in the context of counterterrorism measures and the potential for racial and religious profiling. Arar’s experience has also highlighted the vulnerabilities faced by dual citizens and the need for greater government transparency in matters of national security.
The case has galvanized human rights organizations and advocacy groups across Canada. Amnesty International, the Canadian Civil Liberties Association, and other organizations have played a crucial role in raising awareness about Arar’s situation and advocating for justice on his behalf. These groups have emphasized the importance of upholding the rule of law and ensuring that individuals are not subjected to rendition or torture.
Public support for Arar has been bolstered by the tireless efforts of his wife, Monia Mazigh, who became a prominent campaigner for his release and later a human rights advocate in her own right. Mazigh’s advocacy efforts, including a nationwide tour and a book detailing her family’s ordeal, have helped to keep the issue in the public eye and maintain pressure on the government to act.
Conclusion: The Road to Accountability
The Arar case represents a significant challenge to the accountability of the Conservative government and the broader framework of national security in Canada. While progress has been made, including the establishment of a public inquiry, many questions remain unanswered. The Tories’ handling of the case has been marked by a lack of transparency and a reluctance to address the full extent of Canadian complicity in Arar’s rendition.
As the Arar case continues to unfold, it serves as a reminder of the need for vigilance in protecting civil liberties and ensuring that the rights of all individuals, including those caught in the crosshairs of counterterrorism measures, are upheld. The NDP’s advocacy for accountability in the Arar case reflects the broader debate over the balance between security and human rights in Canada, a debate that is likely to remain central to Canadian politics for years to come.
In conclusion, the Arar case highlights the complexities of addressing national security concerns while upholding the principles of justice and human rights. The Conservative government’s response to the case has been insufficient, and greater accountability is needed to ensure that such injustices are not repeated. The ongoing advocacy efforts of the NDP and other organizations underscore the importance of maintaining a vigilant public eye on government actions and ensuring that the rights of all citizens and residents in Canada are protected.
