This past week saw the first testimony in the inquiry into Maher Arar's deportation and detention in Syria. The government's opening statement would suggest that the inquiry really isn't necessary since we can be assured that no one on the government side did anything the least bit inappropriate.
The attorney general's statement says ?there is an emerging understanding of the actions? taken by Canadian agencies in relation to Mr. Arar, particularly those of the RCMP and Canadian Security Intelligence Service [CSIS].
The statement suggests the government's position that its officials followed proper procedures was recently confirmed by two reports on the Mr. Arar matter.
Right.
One report was written by an unnamed officer in the same agency being investigated and
the other consisted of 89 pages with every single word blacked out. Hey, here's a thought. How about they let some actual facts emerge and let us come to our own understanding about what's appropriate? Wouldn't that be an interesting way to run a public inquiry?
The goal of this week's testimony was to lay the groundwork and to present some general information about how CSIS operates. Toward that end, the first witness to be called was Ward Elcock, the former head of CSIS who was in that position when Arar was detained and deported. He was questioned by Lorne Waldman, Arar's lead counsel.
Elcock assured the commission that CSIS agents are carefully chosen, highly trained and good at what they do. They carefully gather facts about the targets of their investigations and put those facts together like pieces of a puzzle. But when it comes to determining whether some of the regimes with which CSIS has information sharing arrangements commit human rights violations, apparently CSIS isn't all that good at putting the puzzle together.
"We may well have agreements with other countries we suspect engage in torture," [Elcock] told a public inquiry yesterday, adding that such information exchanges with such countries are done "very carefully."
...While he said CSIS is highly disciplined and subject to multiple levels of oversight, Mr. Elcock acknowledged it is beyond the agency's mandate to investigate how its foreign partners get particular information.
"The reality is in most cases, we would have no knowledge if it was derived from torture," said Mr. Elcock, now a special adviser to the Privy Council Office. He said that reports of torture "clearly would call into question the validity of the information."
Mr. Waldman tried hard to get the former CSIS director to say Syria tortures its suspects, by pointing to Amnesty International and U.S. State Department reports that made such findings. Mr. Elcock would concede only that those are "relatively credible" documents, but "not a determination of anything."
Awfully convenient, that. If CSIS had to acknowledge that Amnesty International actually
knows what it's talking about, it might cramp their style. If they give regimes like Syria the benefit of the doubt, no matter how much they have to contort themselves to do it (because just bending over backwards wouldn't be enough), they can go calmly about their business with a clear conscience. After all, they don't actually know
for sure that Syria commits torture, even if everyone else does.
Elcock refused to say whether CSIS has any kind of relationship with Syria specifically, citing national security concerns. But since no one has denied the charge that CSIS agents were in Syria within a couple of months of Arar's deportation to pick up the early results of the interrogation, I have to wonder who Elcock thinks he's kidding.
Although most of Elcock's testimony was of a general nature, there was discussion of one specific piece of evidence: the lease for an Ottawa apartment bearing Arar's signature that turned up in the possession of American officials in New York when they were questioning him prior to putting him on a plane for the Middle East.
While not commenting specifically on Arar's case, Elcock said if information was given to U.S. authorities by Canadian security agencies there is an understanding that intelligence will not be passed on to a third country without Canada's consent.
Since that lease subsequently turned up in Syria, I think there are only three possibilities:
- The lease was returned to Canada and subsequently sent to Syria, which would pretty much confirm the relationship which Elcock refused to talk about.
- The Americans sent the lease to Syria without Canadian consent, which means Canada should have raised all kinds of hell with American authorities.
- The Americans sought, and got, permission to forward the lease to Syria. If so, the timing of that request would be extremely interesting since it would tell us how early in the proceedings CSIS knew what was going on.
I'm sure we'll be hearing more about this down the road.
The other interesting development was Stephen Harper's statement at a town hall broadcast last Tuesday that he was "briefed" about the Arar case and told at one point by Canadian authorities that Arar's deportation was "appropriate". Within a couple of days that was all a mistake -- he was never actually briefed.
Mr. Harper sought yesterday to clarify his comments by emphasizing that, in fact, he'd never received a private briefing. Conservative officials explained that Mr. Harper had been referring to more casual discussions MPs had had.
"We were told, 'there's more here than meets the eye,'." a Conservative official said yesterday. "They said, 'Leave this one alone. Don't politicize it. There's something here.'."
Gee, I wonder who told them that. Lorne Waldman wonders too and would like Harper to be called as a witness.
Mr. Waldman said Mr. Harper's comments once again raise the possibility that Canadian security agents were conducting whisper campaigns about terrorism suspects to Privy Councillors, such as Mr. Harper and possibly even Prime Minister Paul Martin.
Whisper campaigns? Odd behaviour for people who have acted entirely appropriately. Recall that in the weeks following Arar's public disclosure of his treatment in Syria, there were a number of anonymous leaks to the press designed to convince us that he really was a terrorist. This culminated in the infamous
raid on the home and office of an
Ottawa Citizen reporter. I wonder if that'll come up at the inquiry.
Full transcripts of the testimony are available in pdf format at the inquiry website. I've only quickly scanned one but picked up one other interesting fact. That SIRC report in which someone blacked out every single, stinkin' word on 89 pages wasn't redacted by SIRC or CSIS. It was redacted by the government. I would assume that would be the work of minions in Anne McLellan's Department of Public Safety and Whatever (that name is too long to remember). They should be found in contempt of court. They've certainly demonstrated their contempt for the public. And since tomorrow is election day it gives me an opportunity to send a message to Ms McLellan herself: hope you lose, eh.
Here's hoping Justice Dennis O'Connor is one tough dude. It's apparent that the government is going to make it just as difficult as possible to find out anything about what really happened here. And we'll have to be patient because this looks to drag on well into September at least.