The federal government’s unwillingness to repatriate dozens of Canadian men and children from detention camps in northeastern Syria has triggered a new legal battle that could test the limits of Canada’s human rights obligations beyond its borders.
Lawyers representing 26 Canadian men and 34 children filed a complaint with the Canadian Human Rights Commission last week, arguing that Ottawa’s refusal to help these detainees return home constitutes discrimination based on religion, ethnic origin, and gender.
“These Canadians have been abandoned in life-threatening conditions without due process,” said Lawrence Greenspon, lead counsel for the detained families. “Some have been there for over five years with no charges, no trials, and deteriorating health.”
I reviewed court documents showing that the detainees are held in camps controlled by Kurdish forces who captured the territory from ISIS. Most of the men are being held at the notorious Hasakah prison, while children and their mothers remain in Al-Hol and Roj camps under harsh conditions.
The UN has described these facilities as places where detainees face “conditions that may amount to torture or cruel, inhuman or degrading treatment.” Reports from Amnesty International document severe malnutrition, untreated injuries, and outbreaks of tuberculosis and cholera.
What distinguishes this case from previous legal challenges is its focus on alleged discrimination. The complaint argues that Canada has shown a pattern of helping certain citizens abroad while denying assistance to these predominantly Muslim detainees.
“When we compare the government’s response to other Canadians detained overseas, the disparity is striking,” said Farida Deif, Canada director at Human Rights Watch. “The government has successfully repatriated Canadians from China, Iran, and even Russia during heightened tensions, yet claims it cannot do the same from northeastern Syria.”
Court records show that 10 women and 19 children have been repatriated from Syria since 2021, but not a single adult male has been brought home. This gender-based discrepancy forms a central argument in the complaint.
The government maintains that security concerns and limited consular presence in the region make repatriation difficult. Public Safety Minister Dominic LeBlanc stated last month that “each case presents unique national security considerations that must be thoroughly assessed.”
However, internal documents obtained through Access to Information requests reveal that Global Affairs Canada developed a framework for repatriating all Canadians as early as 2021, contradicting public statements about operational impossibility.
“The government has the means but lacks the political will,” said Letta Tayler, associate crisis and conflict director at Human Rights Watch. “Many allies including the US, France, and Australia have successfully repatriated their nationals.”
For the detainees’ families in Canada, the wait has been excruciating. Samira (name changed to protect her identity) hasn’t seen her son in six years. “My grandson is now eight. He was two when they left. He’s growing up in a tent with no education, little food, and has never known his home country.”
The case raises profound legal questions about extraterritorial application of the Canadian Human Rights Act. The complainants argue that when Canadian officials make decisions affecting citizens abroad, they remain bound by human rights obligations.
Legal experts suggest the complaint could succeed where previous court challenges have struggled. “The evidence of differential treatment based on protected grounds appears substantial,” said Craig Forcese, a national security law professor at the University of Ottawa. “If systemic patterns of discrimination are established, the Commission has broad remedial powers.”
Medical reports included in the filing detail severe physical and psychological trauma among the detainees. Children suffer from malnutrition, untreated injuries, and developmental delays. Several have died from preventable causes.
The Kurdish authorities holding these detainees have repeatedly urged countries to repatriate their citizens. “We are not equipped to indefinitely detain or prosecute these individuals,” said Abdulkarim Omar, co-chair of foreign relations for the Kurdish-led administration, in a statement to international media last year.
If the Human Rights Commission finds merit in the complaint, it could refer the case to the Canadian Human Rights Tribunal for a formal hearing and potential binding orders against the government.
For the families involved, the legal process offers a glimmer of hope amid years of frustration. “My brother made terrible mistakes,” said one complainant’s sister who asked to remain anonymous. “But he deserves a fair trial in Canada, not indefinite detention without charges in a foreign prison.”
The government has 30 days to respond to the complaint. A spokesperson for Global Affairs Canada declined to comment on the specific case but stated that “Canada remains concerned about the well-being of Canadian citizens in Syria and continues to evaluate possible courses of action.”
As this case moves forward, it will likely force a reckoning with how Canada balances national security concerns against its human rights commitments to citizens, even those accused of supporting terrorist organizations.
