Liberals call inquiry into Arar case

By ALLISON DUNFIELD
Globe and Mail Update

The federal government announced Wednesday that it will hold a public
inquiry into the actions of Canadian officials and the RCMP with regard to
the detention and deportation Maher Arar. The Liberals had been under
increasing pressure to look into the case  from Mr. Arar himself to
opposition parties and civil rights groups.

Mr. Arar, a Syrian Canadian who was deported to Syria by U.S. authorities
on suspicion of terrorist activities, has been calling on Ottawa for months
to convene an inquiry. He wants the government to determine the role that
the RCMP or other agencies might have played in the decision by U.S.
authorities to send him to Syria, where he was jailed and allegedly
tortured.

He said Wednesday that he was pleased the Liberals had called the inquiry
and called it a "great day for Canadian justice". "It
is...very important to ensure this inquiry can, indeed, clear my name and
answer all of our questions so that we can begin to rebuild our lives.

"Today is the first day of the beginning of the victory for
justice," Mr. Arar's wife, Monia Mazigh, said at a press conference
after the couple had learned of the probe.

Deputy Prime Minister Anne McLellan announced the public inquiry Wednesday
morning at a press conference. "The Prime Minister has indicated to
Canadians that he wanted to get to the bottom of this," Ms. McLellan
told a news conference in Ottawa. After "monitoring the situation
closely," Ms. McLellan said, she has advised Mr. Martin that now is an
appropriate time to call the inquiry into the treatment of Mr. Arar. She
would not say whether continued pressure from Mr. Arar and various groups
contributed to the government's decision. "This situation has involved
many ... twists and turns. There is no one single event that led me to make
my recommendation."

Speaking at a news conference later in the day, Prime Minister Paul Martin
said he wanted to wait for Ms. McLellan's advice before the inquiry was
called. Mr. Martin said he had not changed his mind from several weeks ago,
when he said that he was waiting on the results of an RCMP inquiry into the
Arar matter. Mr. Martin said he wanted to wait until Ms. McLellan had
looked at all the evidence before a decision was made. "What we want
are the facts out as quick as possible," Mr. Martin said.

Mr. Justice Dennis O'Connor from the Ontario Court of Appeal will undertake
the inquiry. He also oversaw the high-profile Walkerton inquiry. Judge
O'Connor will also make recommendations on an independent, arm's length
review mechanism for the RCMP's activities with respect to national
security, which would help plug a gap in federal legislation that it admits
allows the RCMP to conduct national-security investigations without
independent review.

In terms of the Arar inquiry, Judge O'Connor will have all the rights and
powers set out in the Inquiries Act, Ms. McLellan said. That includes the
authority to hold public hearings, summon witnesses, compel testimony and
gather any evidence needed to conduct the inquiry.

Mr. Arar's lawyer, Lorne Waldman, said he plans to propose several terms of
reference to the government for the inquiry. Mr. Arar said he wants several
questions answered, including: "What information did the RCMP and CSIS
pass on to the Americans that led to the belief I was a terrorist? How
complete, accurate and reliable was that information?"

He said while he would be pleased if he was offered some compensation, a
public clearing of his name is vital. "Otherwise I'm not going to find
a job. I'm going to stay in Hell. My family will suffer. My children will
suffer. I just want everyone to understand this point," Mr. Arar said.

The Deputy Prime Minister said she does not know how long the inquiry would
take. A federal election is expected to be called in April, but Ms.
McLellan said the timing of the inquiry and when recommendations are made
will be up to Mr. O'Connor. All of the final report is to be made public
except for information that deals with concerns around national security,
she said.

Last week, the RCMP raided the home and office of an Ottawa newspaper
reporter, looking for evidence that one of its own officers might have
leaked information in the politically charged case. Ms. McLellan would not,
however, comment on the raid, saying that it is part of a police
investigation.

Mr. Arar has maintained his innocence, though he did acknowledge that he
confessed under torture. Last week, he filed a lawsuit against U.S.
Attorney-General John Ashcroft and other U.S. officials, alleging that they
knew he would be tortured when they deported him to Syria. He has also
pondered a suit against the Canadian government. His lawyers have filed
lawsuits against Syria and Jordan, where he was first sent from the United
States.


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