Nov 28, 2013
Class 3: Case Study on the Interaction of Canadian and International Law Relating
“ Terrorism”: what does the word mean in international law?
• Usually the word is used to mean certain acts committed with the purpose of
provoking a state of terror, intimidating a population or compelling a government
or an international organization to do, or abstain from doing, any act.
United Nations Security Council
• UN Security Council Powers
• The United Nations Charter confers “primary responsibility for the maintenance
of international peace and security” on the Security Council.
• It also give the Security Council the power to decide what measures not involving
the use of armed force are to be employed by countries to give effect to its
• The UN Charter also states that “Members of the UN agree to accept and carry
out the decisions of the Security Council in accordance with the … Charter.”
Canada: Transforming the UN Charter into Domestic Law
• The UN Charter is a treaty, which Canada has transformed into Canadian law
through the United Nations Act.
• The United Nations Act states that the Governor in Council may make such orders
and regulations as are “necessary or expedient” to put into effect decisions of the
UN Security Council.
UN Security Council Resolution 1267
UN Security Council Resolution 1267 created a Committee (called the 1267
Sanctions Committee) that could put people on an AlQaeda Sanctions List.
Abdelrazik v. Canada (Minister of Foreign Affairs)
• Abdelrazik Timeline: 2003
• In 2003, Abdelrazik travelled to Sudan to visit his mother, who was ill.
• He was arrested and detained there for 11 months by Sudanese authorities, but
was never officially charged with any crime.
• During his first period of detention, CSIS officials interrogated him. He was also
tortured by Sudanese officials.
• Abdelrazik Timeline: 2004
• In July 2004, he was moved to a “half way house” in Khartoum. He was required
to report weekly to the Sudanese authorities.
• He visited the Canadian Embassy several times, urgently requesting assistance to
return home to Canada.
• Foreign Affairs arranged for him to fly home via Frankfurt, with a diplomatic
escort, on Lufthansa Airlines. Days before the scheduled departure, however, Lufthansa informed Canada that it would not board Mr. Abdelrazik because his
name was on a “nofly” list. Other plans he pursued fell through.
Abdelrazik Timeline: 20052006
• On July 26, 2005, Abdelrazik was provided with a written decision from the
Sudanese Ministry of Justice dated, exonerating him of any affiliation with Al
• In October 2005, he was summoned to a meeting by the Sudanese authorities.
Abdelrazik asked Canadian consular officials whether he should respond to the
Sudanese summons. He was told that he should, and was assured that Canada
would “follow up” if anything should happen. Abdelrazik went and was detained
for nine months, until July 2006. He was beaten and tortured.
• During his detention, his Canadian passport expired.
• Canadian consular officials were denied access to Abdelrazik.
Abdelrazik Timeline: 2006
• On July 20, 2006, the day of his release from detention, Abdelrazik was
designated by the United States as having “high level ties to and support for the
• On July 31, 2006, Abdelrazik was listed by the UN 1267 Committee as an
associate of AlQaida, likely by the US.
Canada Applies the 1267 Resolution
• Once the 1267 Committee listed Abdelrazik, this meant that Canada’s United
Nations Act and the United Nations AlQaida and Taliban Regulations were
applied to Abdelrazik.
• These Regulations prohibited anyone in Canada and any Canadian outside of
Canada from providing funds to be used by a person listed by the 1267
Abdelrazik Timeline: 2007
• He lived in Sudan on $100 a month that Canada lends to Canadians in distress. He
lived like that for 2 years. Canada said that it could not bring him back to Canada
because he was on the 1267 list and could not fly.
• In October 2007, Abdelrazik filed a petition requesting that the Minister of
Foreign Affairs ask the 1267 Committee to take him off the list. Canada sent the
delisting request to the 1267 Committee. The request was denied, without reasons,
on December 21, 2007.
• Abdelrazik applied again for a Canadian passport, and he was told that he could
have an emergency passport, but Canada failed to issue it.
Abdelrazik Timeline: 20082009 • On April 29, 2008, Abdelrazik, sought and was granted safe haven at the
Canadian Embassy in Khartoum. Canada got permission from the 1267
Committee to do this.
• He managed to reserve a flight to Canada in August 2008, but Canada did not
issue him his emergency passport, so he could not leave.
• In December 2008, Canada said it would only issue the emergency passport if he
could give proof of a fully paid ticket to Canada. On March 15, 2009, Mr.