Repatriation of Canadian women and children detained in Syrian camps underway, says lawyer

Multiple Canadian women and their children are on their way back to Canada after spending years held in camps for ISIS suspects and their families in northeastern Syria, according to their lawyer.

Ottawa lawyer Lawrence Greenspon told CBC News that some of his clients were moved out of the Al Roj camp overnight.

"This is great news," Greenspon said. "It's what we've been trying to do for the last three years through the court system initially and the agreement in January ... We are delighted for the women, children and their families in Canada."

Those headed to Canada from Syria are part of an agreement Greenspon struck with Global Affairs in January to repatriate six Canadian women and 13 children. The government has not yet confirmed that the families are in transit to Canada, or how many individuals are involved.

The women have not faced any charges in Syria. Greenspon said he won't be told ahead of time if they could by charged by the RCMP after they arrive in Canada. 

The last-minute agreement was made a day before a Federal Court judge released his decision on whether the government must repatriate the detained Canadians. The deal removed the women and children from the Federal Court ruling, leaving only four Canadian men as part of the case.

Federal Court Justice Henry Brown ruled the four men detained in Kurdish prisons were entitled to have the federal government make a formal request for their release "as soon as reasonably possible," to have a representative on site for the handover, and to be provided with emergency travel documents.

The federal government is appealing that decision and has argued in court that it has no legal obligation to repatriate Canadians in trouble abroad. The government had warned Canadians against travelling to ISIS-controlled territory. 

WATCH | Canadian women, children on way home after years held in Syria:

Canadian women, children leaving ISIS camp in Syria, lawyer says

2 years ago

Duration 2:24

The lawyer for multiple Canadian women and their children long-detained in a Syrian camp for suspected ISIS members and their families told CBC News a deal has been reached to bring them home, and some may be on their way.

Could other families be coming to Canada too?

In January, Global Affairs Canada said it would evaluate the possibility of providing assistance to other women and children at the Kurdish-controlled camps on a case-by-case basis.

Seven other women and children that weren't part of the deal received letters in November saying they were eligible to be assessed, lawyers confirm.

Greenspon represents a Quebec woman with six children; he said he doesn't know if they are part of the repatriation effort. Greenspon said his client called him overnight to tell him she agreed to send her children to Canada but wanted to go with them.

Global Affairs Canada told the Quebec mother last week her children were eligible but she was not — because Canada hadn't yet completed her security assessment, Greenspon said.

"This is incredible, by that I mean not believable, when you consider that she was advised in writing more than four months ago ... on Nov. 24, 2022, that she and her six children were eligible for assessment," said Greenspon.

"To separate a mother from her children is contrary to every international children's rights convention to which Canada is a signatory."

Greenspon said the move also violates Global Affairs' own policy, created in January 2021, that says children should not be separated from their mothers.

Trudeau calls situation in Syria 'volatile'

Prime Minister Justin Trudeau was asked Wednesday if Canada is violating its own policy if the Quebec mother had to send her children to Canada without her.

"The situation in northeastern Syria is incredibly volatile," said Trudeau. "It is of real concern to everyone around the world, and Canada is watching very, very closely, and engaged with all of our responsibilities.

"But for obvious reasons, I will not be commenting any further on the issue."

WATCH |The situation in northeastern Syria is 'incredibly volatile:' Trudeau

'The situation in northeastern Syria is incredibly volatile:' Trudeau

2 years ago

Duration 0:24

Prime Minister Justin Trudeau is asked about the repatriation of six children from the region without their mother. He says he is watching the situation in Syria 'very very closely.'

The RCMP were at Al Roj camp last week asking to conduct on-camera interviews with some Canadian women detained.

Lawyer 'horrified' foreign mothers and children left behind

At least two of the foreign mothers and their children, which they had with Canadian men, were left behind, said their Toronto immigration lawyer Asiya Hirji.

Hirji said Global Affairs Canada gave the two foreign mothers she represents a deadline last week to inform them if they would send their children to Canada without them.

Hirji said she asked Global Affairs Canada to answer a series of questions so the two mothers could make their decision, but didn't hear back.

She said the foreign women's children have serious medical needs that require immediate attention.

One of the woman's children has an eye issue requiring urgent surgery that, if left untreated, could cause blindness, said Hirji. Another foreign mother has a nine-year-old with autism who also has a cerebral issue that is potentially fatal and requires urgent surgery, she said.

"I have a letter from an organization that works with autistic children that said the mom and child being separated would be catastrophic for the child's well-being," said Hirji.

RCMP visited camp 

UN experts recently called on countries to urgently repatriate children from northeast Syria with their mothers, saying "children in conflict zones must be protected, not punished."

Fionnuala Ní Aoláin, UN special rapporteur on human rights and counter-terrorism, and the Committee on the Rights of the Child issued the urgent statement on March 31.

"States must urgently repatriate children, together with their mothers — a solution that we now know is eminently feasible. We note that it is of the utmost importance that comprehensive rehabilitation programmes are in place when children are repatriated," the UN expert's statement said.

Former Liberal justice minister and attorney general Allan Rock is publicly campaigning for the government to repatriate all of the Canadians detained.

"It's not only law. It's basic humanity that we allow the children to come back with mothers, not force these women into what is effectively a version of 'Sophie's choice,'" Rock told CBC News. "It's really unacceptable."

CBC News has requested a comment from Global Affairs. 

Yazidi survivors raised concerns about repatriation

Former CSIS analyst Phil Gurski warned in January that returning the detained Canadians could put extra pressure on Canada's intelligence bodies to monitor them. He has said he doubts they would face justice for any crimes they may have committed since the witnesses and evidence are not in Canada. 

The RCMP arrested two Canadian women the federal government repatriated in October 2021 after they touched down on Canadian soil. One of the woman is facing a series of terrorism charges. A terrorist peace bond is being sought for the other woman, according to Greenspon.

Yazidi survivors of the ISIS genocide campaign have pleaded with Canada not to repatriate alleged ISIS members, saying the Federal Court decision has brought trauma and fear to those who came to Canada as a safe haven after their ancient community was destroyed in northern Iraq.

WATCH | Yazidis 'heartbroken' over pending repatriation of suspected ISIS members: