Government rejects returning Canadians from ISIS camps in Syria

Responding to a lawsuit by families of Canadians captured during the fight against ISIS, the government argued it had no obligation to bring them home.

It would be “unprecedented and unprincipled” to help Canadian ISIS suspects detained in Syria, the federal government has argued in a court filing.

Responding to a lawsuit by the families of Canadians captured during the fight against ISIS, the government detailed its legal position for the first time.

The families want the Federal Court to order Ottawa to bring the detainees back to Canada from prisons and camps run by U.S.-backed Kurdish fighters.

But federal lawyers argued the case should be dismissed, since accepting the families’ claims would improperly extend the Charter of Rights beyond Canada’s borders.

“The applicants are being detained outside of Canada by foreign entities. These entities are operating entirely independently of Canada’s jurisdiction or control,” they wrote.

“The charter clearly does not apply to the actions of these entities, including the detentions of the applicants.”

On Oct. 26, the government took two women and two children out of a camp for ISIS members and their families in northeast Syria. The women had left Canada and married ISIS fighters.

Both were arrested upon arriving in Montreal. Oumaima Chouay, 27, has been charged with four terrorism offences. Kimberly Polman was not charged but faces a terrorism peace bond in B.C.