Court decision creates safety concerns

The Member of Parliament for North Okanagan Shuswap is trying to get more information after an alleged supporter of the terror group ISIS was expected to be released from custody in B.C, possibly to live in Enderby.

The Federal Court has dismissed the government’s attempt to keep Othman Ayad Hamdan behind bars while it tries to deport him.

“I don’t know all the details around why it was dismissed. When I talked to the Minister (of Public Safety) last week, he said they would be presenting all the evidence showing he should not be released,” MP Mel Arnold told Vernon Matters. “There are obviously some inconsistencies within the immigration review board. Initially he was held, and then one individual deemed he could be released. Now obviously, the Minister of Public Safety, in his department, felt that was incorrect so they filed for this appeal. We’re still waiting to see the details of why it was dismissed.

There has been talk Hamdan would live in Enderby under two dozen conditions.

“That was where the individual that posted the bond lives, and the conditions were that he would be released there. Whether any of that has changed after this appeal process, I don’t know,” Arnold said.

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Arnold said he and his office they have inquired to the minister what the next steps will be, and if Hamdan will actually be released.

Arnold says there are concerns about public safety in Enderby, as the man has expressed support for ISIS in Facebook postings.

“[I’ve had] numerous calls from Enderby council and city staff. Also in talking to the public over the weekend at the IPE, and people were still concerned about what was taking place there. Public safety is the biggest concern. This person has made the, I guess, threats, or identified these sites in his posts.”

Arnold said one of the reasons for the dismissal of a judicial review is because there are things Hamdan has only said, written or thought, and he hasn’t acted violently.

“We don’t know what evidence was presented on either side for this decision. We’ve got calls into the minister’s office but obviously they’re probably swamped with this as well,” Arnold said.

An article from Global said although Hamdan has been deemed a danger to the security of Canada, on Tuesday, the court upheld an Immigration and Refugee Board (IRB) decision ordering his release.

“Considering all of past the circumstances, and the mitigation of danger looking forward, I find that the member’s decision to release Mr. Hamdan was reasonable,” the court ruled.

Judge Alan S. Diner said in his ruling, the Charter requires that each and every review must be meaningful and robust, taking into account the context and circumstances of the individual, such that there is a meaningful opportunity to challenge detention.

“The concerns raised by the impingement on fundamental rights to liberty are heightened when the detention is lengthy or the prospect of removal has become remote. In Mr. Hamdan’s case, given the clear and compelling changes, along with strict release conditions, the Member was entitled to find that the danger was mitigated, and the situation militated toward release after about four years of detention, with no conviction and no prospect for removal, at least for another year. With the new evidence presented, including of good conduct from prison, testimony from the detainee and his bondsperson, and the prospect of many months of continued detention, many of these key objectives and principles were met for the Member. Quite apart from the lack of violence, Mr. Hamdan was found not to raise any of the other concerns so often confronted by the ID, namely regarding flight and identity risks. As a result, when the Decision is viewed as whole, and in its entire context, this Court does not have a basis to interfere under the deferential standard of review that applies,” wrote Diner.

The Jordanian citizen has been ordered out of Canada for security reasons, but remains in the country as he argues he would be at risk if he is returned to the Middle East.

Two years ago, a judge found Hamdan not guilty of terrorism, but because he is a foreign citizen, the Canadian Border Service Agency (CBSA) arrested him to be processed for deportation back to Jordan.

A deportation order was issued on the grounds that Hamdan had served the ISIS “social media agenda,” encouraged “lone wolf” attacks and “identified infrastructure in Canada which could be targets for attack.”

But while acknowledging “there is a level of danger to the public that exists,” IRB member Geoff Rempel ordered his release last month, ruling the conditions he had imposed would mitigate those risks.

“The CBSA argued Hamdan needed to remain in custody while the agency took steps to deport him, and questioned releasing him to Enderby, which is less than 90 minutes from the Revelstoke Dam.

The dam was “specifically identified as a potential target for a terrorist attack” in Hamdan’s Facebook posts, argued the CBSA,” the article said.