Quebec mother bringing government to court over decision not to repatriate her from Syria

A Quebec mother of six who is being held in Syria is bringing the government to court over its decision not to repatriate her to Canada.

The woman and her children are among many foreign nationals being held in Kurdish-run camps for suspected ISIS members and their families.

The government agreed previously to repatriate the children but decided earlier this year not to repatriate the mother, citing security concerns.

The government argued that the mother "adheres to extreme ideological beliefs" and would be a "security threat" if she returned to Canada, according to court documents filed by the woman's lawyer on Friday. The government also argued it "has no ability" to ensure she doesn't pose a threat.

Lawrence Greenspon, the mother's lawyer, told CBC in June that the Global Affairs Canada (GAC) didn't share any details about how it arrived at that decision.

Greenspon is arguing that the government has the ability to manage any risk the woman might pose should she be repatriated.

"GAC failed to consider both the options available to manage any risk posed by the [woman] and the success in managing that risk with other Canadian women repatriated under similar circumstances," one of the court documents says.

Greenspon is part of a legal team that reached an agreement with the government in January to repatriate six other Canadian women and their children. All were arrested upon their return and were later released on terrorism peace bonds — court orders requiring that they maintain good behaviour or face prison sentences.

Greenspon is arguing the government could follow a similar process for the Quebec mother.

CBC News reached out to GAC for comment on Monday. A department spokesperson responded on Wednesday to say that the government was reviewing the case but wouldn't comment further due to privacy concerns.

The legal challenge comes as pressure is mounting on the government to repatriate Canadian citizens being detained in northeastern Syria.

Last month, a civil delegation that visited the area said the government needs to repatriate and provide full consular support to all Canadian citizens detained by Kurdish forces.

The United Nations' special rapporteur on the promotion and protection of human rights wrote a letter to the federal government in May calling on it to ensure the Quebec mother isn't separated from her children.

The rapporteur said the family is in dire health and all seven members have suffered hair loss and calcium deficiencies. The letter also states a number of the children have had hepatitis multiple times and some have contracted parasites.