A 544-page report by Justice Frank Iacubucci released last week pointed to several deficiencies in current Canadian counterterrorism techniques, suggesting in particular not to follow the example of the American Central Intelligence Agency if it should not follow proper procedures. Prime Minister Stephen Harper’s Conservative government appointed Iacobucci in December 2006 to lead the investigation into Canada’s role in the detention of Canadian citizens Abdullah Almalki, Ahmad El Maati and Muayyed Nureddin in Syria. Iacubucci applauded counterterrorist agents for their “conscientiousness” while highlighting how the consequences of mislabelling a suspect are enormous. The Commission also urged federal agents to be extremely careful in circulating intelligence.
Almalki, El Maati and Nureddin were detained in Syria independently when they were arrested and jailed upon their arrival. All three men have denied any links to terrorism. One who avoided this fate despite being on a similar no-fly list and under surveillance, Abdelrahman Alzahabi, told The Globe and Mail that he was able to avoid the fate of these detainees because of a warning he received form a Canadian agent not long after September 11, 2008: to stay in Canada, as the government could not be responsible for what could happen if he should leave.

James Kafieh, a lawyer representing the Canadian Arab Federation in the inquiry noted that Iacubucci’s report made conclusive that “these three men were sacrificed to show the United States that Canada was doing something.” Iacobucci found fault in the actions of Canadian police and intelligence, but added that no one had behaved improperly.

In a separate inquiry, Maher Arar received $10.5 million CAD in compensation from the government and was exonerated of any terrorist ties in 2006. The three men addressed in the Iacubucci report have filed their own lawsuits for compensation from the Canadian government.

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