Beyond The Commons

Beyond The Commons

Aaron Wherry covers all the goings-on in and around Parliament Hill. Follow Aaron on Twitter: @aaronwherry

What now?

by Aaron Wherry on Saturday, June 20, 2009 4:35pm - 4 Comments

While Gerald Caplan details his outrage, Paul Koring raises new questions about this country’s treatment of Abousfian Abdelrazik. Last month, Ben Peterson raised a question that may soon be operative here too: should we consider prosecuting any Canadian officials complicit in torture?

Yes, high-level arrests could spark political controversy. But bypassing the law for fear of a backlash is cowardly and counterproductive. It would, in the long run, weaken our collective ability to fight for justice in the face of tyranny. It would undermine the rule of law. While the prosecution of high-level officials should never be encouraged, if they broke the law, they broke the law. Surely our democracy is strong enough to withstand the fallout…

Perhaps, once the staggering factual and legal complexities involved are sorted through, it will be determined that no Canadian officials should be prosecuted. I hope that’s the case. But these mazes should be navigated not with an eye for history alone, but also to potentially prosecute those involved.

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  • http://intensedebate.com/people/Jack_Mitchell Jack Mitchell

    José Padilla is suing John Yoo. Not sure if it is possible in our system for private citizens to sue officials for the violation of their constitutional rights. Anyone know?

  • http://intensedebate.com/people/madeyoulook madeyoulook

    Any Canadian official CLEARLY complicit in torture? Throw the book at 'em.

    I suspect (ok, I hope) that no Canadian official specifically had this guy arrested to be tortured, or gave express permission to the Sudanese that this Canadian citizen deserved to be tortured. But then we get into the "could have reasonably anticipated" bit, which brings up the potential for a decent case in civil court, at least.

    Given how long this Canadian citizen has been "set aside" from Canadian society, I kept hoping there was an actual bona fide reason behind it, that we could just not know. Which makes it inexcusable to bring him home. In light of this week's nonchalant turnaround, I am now hoping there never was a bona fide reason for keeping this guy isolated for so long. Which makes it inexcusable to have kept him isolated for so long.

    I am sure that most here would not agree, but I find Ottawa's handling of THIS case far more troubling than Khadr at Gitmo. Thanks, Aaron, for keeping us all up to speed on this.

    • Jenn

      No, I can agree with you, MYL. At least with Khadr, there were actual allegations against him. At least with Khadr, it was another country doing something we just didn't try to stop. This is the Government of Canada doing it to Abdelrazik.

      But both cases suck.

  • http://intensedebate.com/people/SisyphusThis SisyphusThis

    We have to wait until the US prosecutes before we're allowed to. And since that ain't gonna happen ….

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