Abdelrazik v Minister of Foreign Affairs et al

last updated: December 4, 2010

This page archives court documents in litigation involving Mr. Abousfian Abdelrazik. Questions about the archive should be directed to Professor Sean Rehaag.

Abdelrazik is a Canadian citizen who spent more than a year living in the lobby of the Canadian embassy in Sudan. He could not leave the embassy because he faced a risk of arbitrary detention and torture in Sudan. He could not return to Canada because the Canadian government refused to issue him travel documents due to national security concerns. This refusal came despite his never having been charged with a criminal offence, and notwithstanding that both CSIS and the RCMP indicated that they had no evidence that he posed a security threat.

On 4 June 2009, the Federal Court held that the government breached Mr. Abdelrazik’s constitutional right to enter and remain in the country, and ordered that he be repatriated within 30 days. In the Court’s words, Mr. Abdelrazik “is as much a victim of international terrorism as the innocent persons whose lives have been taken by recent barbaric acts of terrorists.”

On 27 June 2009, the government repatriated Abdelrazik in compliance with the Federal Court order. However, Abdelrazik has not received compensation for the violation of his constitutional rights. He also remains subject to various national security restrictions.

Information about advocacy efforts on behalf of Abdelrazik

Court Documents

Court Decisions, Orders & Directions
Main Application (re: repatriation), May 2009
Applicant’s Motion to Compel Answers, November 2008
Applicant’s Motion for Advanced Costs, June 2008
Motion for Leave for New Evidence, November 2008
Applicant’s Appeal on the Motion for Advanced Costs, March 2009
Respondent’s Motion for Leave for New Evidence, April 2009
Applicant’s Motion for Leave for New Evidence, April 2009
Main Action (re: Compensation), September 2009

Court Decisions, Orders & Directions

Reasons for Judgment

• Abdelrazik v. Canada, 2009 FC 580 (4 June 2009) (Main Application – FC)
• Abdelrazik v. Canada, 2009 FCA 77 (10 March 2009) (Advanced Costs – FCA)
• Abdelrazik v. Canada, 2008 FC 839 (4 July 2008) (Advanced Costs – FC)
• Abdelrazik v. Canada, 2009 FC 816 (11 August 2009) (Costs – FC)

Orders and Directions

• Amended Order by Justice Mactavish dated 24 July 2008
• Order by Chief Justice Lutfy dated 28 July 2008
• Order by Prothonotary Tabib dated 31 October 2008
• Order on the Applicant’s Motion by Prothonotary Tabib dated 27 November 2008
• Direction by Chief Justice Lutfy dated 29 December 2008
• Order by Chief Justice Lutfy dated 25 February 2009

Main Application (re: repatriation), May 2009

Memoranda

• Applicants’s Memorandum of Fact and Law
• Respondent’s Memorandum of Fact and Law

Applicant’s Record

• Notice of Application filed 7 May 2008
• Amended Notice of Application filed 6 October 2008
• Affidavit of Abousfian Abdelrazik sworn 25 June 2008
• Affidavit of Jo Wood sworn 16 July 2008
• DFAIT’s Covering Letter dated 17 January 2008 with Privacy Act documents
• Applicant’s Alleged Listing on the U.N. Consolidated List
• DFAIT’s Covering Letter dated 24 December 2008 enclosing UN letter of rejection of the Applicant’s de-listing request
• Terms of reference for the Applicant’s “Temporary Safe Haven” in the Canadian Embassy in Khartoum
• News Reports on the Brenda Martin Case
• Press Releases and Governmental Documents Regarding the Repatriation Operation in Lebanon
• National Defence Aircraft Information
• Report of the Special Rapporteur on the Situation of Human Rights in the Sudan, UNGAOR 66th Sess., UN Doc. A/62/354 (2007)
• DFAIT’s 2006 Annual Human Rights Report
• Excerpts of Exhibit A of the Affidavit of Jo Wood (Privacy Act documents obtained on 17 January 2008):
  • Part 1
  • Part 2
  • Part 3
• Affidavit of Abousfian Abdelrazik sworn 16 December 2008
• Travel Itinerary from Khartoum to Toronto for 15 September 2008
• E-mail between Consular officials dated 31 July 2006
• Affidavit of Jo Wood sworn 10 December 2008
• Covering Letter and Extracts of a Privacy Act Request to Transport Canada dated 16 July 2008
• Covering Letter and Extracts of a Privacy Act Request to DFAIT dated 14 July 2008
• Covering Letter and Extracts of a Privacy Act Request to DFAIT dated 14 November 2008 (MISSING FILE)
• Transcripts of Cross-examination of Sean Robertson:
  • Part 1
  • Part 2
  • Part 3
  • Part 4
  • Part 5
  • Part 6
  • Part 7
  • Part 8
  • Part 9
  • Part 10
  • Part 11
  • Part 12
• Written Examination of Michel Latouche
• Parliamentary Testimony of the Chief of Air Staff dated 22 November 2006
• Air Force Crew Brief, Spring 2008, Vol. 6, No. 2
• Affidavit of Michel Latouche sworn 20 October 2008 in response to Written Examination
• Written Examination of Geoffrey Everts
• Affidavit of Geoffrey Everts sworn 23 October 2008 in response to Written Examination
• Transcripts of Cross-examination of David Hutchings:
  • Part 1
  • Part 2
  • Part 3
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
• Transcripts of Cross-examination of Alan Bones:
  • Part 1
  • Part 2
  • Part 3
  • Part 4
  • Exhibit A
• Transcripts of Cross-examination of Michael Pawsey:
  • Part 1
  • Part 2
  • Part 3
  • Exhibit A
• Affidavit of Sean Robertson sworn 17 December 2008 further to Prothonotary Tabib’s Order
• Excerpts of Transcripts of Cross-examination of Abousfian Abdelrazik
• Affidavit of Abousfian Abdelrazik sworn on 14 January 2009 in response to Written Examination
• Additional Exhibit to Sean Robertson’s Cross-examination (documents released under section 38 of the Canada Evidence Act):
  • Part 1
  • Part 2
  • Part 3
  • Part 4

Applicant’s Supplementary Record

• Affidavit of Abousfian Abdelrazik sworn 14 April 2009
• Letter from Passport Canada dated 23 December 2008
• Passport Canada Policy Backgrounder
• Confirmed and paid-for Plane ticket scheduled for 3 April 2009
• Letter to Anne Turley dated 16 March 2009
• Letter from Donna Blois dated 3 April 2009
• List of Current Exemptions from the Travel Ban

Respondent’s Record

• Affidavit of Sean Robertson affirmed 9 September 2008
• Exhibits to the Affidavit of Sean Robertson affirmed 9 September 2008:
  • Exhibit A
  • Exhibit B1
  • Exhibit B2
  • Exhibit C
  • Exhibit D
  • Exhibit E
  • Exhibit F
  • Exhibit G
  • Exhibit H
  • Exhibit I
  • Exhibit J
  • Exhibit K
  • Exhibit L
  • Exhibit M
  • Exhibit N
  • Exhibit O
  • Exhibit P
  • Exhibit Q
  • Exhibit R
  • Exhibit S
  • Exhibit T
  • Exhibit U
  • Exhibit V
  • Exhibit W
  • Exhibit X
  • Exhibit Y
  • Exhibit Z
  • Exhibit AA
  • Exhibit BB
• Affiavit of Eric O’Connor affirmed 12 September 2008
• Affidavit of Geoffrey Everts sworn 11 September 2008
• Affidavit of Michel Latouche sworn 10 September 2008
• Affidavit of Alan Bones affirmed 13 November 2008
• Affidavit of Michael Pawsey sworn 28 November 2008
• Affidavit of David Hutchings sworn 5 November 2008
• Cross-examination Via Teleconference of Abousfian Abdelrazik on his affidavit sworn 25 June 2008 held 15 October 2008:
  • Part 1
  • Part 2
  • Part 3
  • Part 4
  • Exhibit A
  • Exhibit B
• Written Examination of Abousfian Abdelrazik dated 6 January 2009
• Excerpts from Exhibit A to the Affidavit of Jo Wood sworn 16 July 2008

Respondent’s Supplementary Record

• Affidavit of Kathleen Mongeon sworn 2 April 2009
• Written Examination of the Applicant (pursuant to Rule 99) dated 20 April 2009
• Affidavit of Abousfian Abdelrazik sworn 26 April 2009 with answers to Written Examination of the Applicant attached as Exhibit “A”

Applicant’s Motion to Compel Answers, November 2008

Written Representations

• Written Representations of the Applicant (moving party)
• Written Representations of the Respondent

Applicant’s (moving party) Motion Record

• Notice of Motion
• Affidavit of Kourosh Farrokhzad
• Amended Notice of Application
• Affidavit of Sean Robertson sworn 8 September 2008
• Amended Direction to Attend to Sean Robertson
• Letter by Elizabeth Richards to Yavar Hameed dated 6 October 2008
• Globe and Mail article by Paul Koring entitled “Ottawa withholding travel papers for Canadian” dated 11 September 2008
• “Etihad Itinerary”: proposed travel from Khartoum to Toronto for 15 September 2008 prepared by Etihad Airlines
• Portions of Transcripts of Mr. Sean Robertson’s Cross-examination

Respondent’s Motion Record

• Excerpts of transcript of the Cross-examination of the Respondent’s Affiant, Sean Robertson

Applicant’s Motion for Advanced Costs, June 2008

Written Representations

• Written Representations of the Applicant (moving party)

Applicant’s (moving party) Motion Record

• Affidavit of Yavar Hameed
• Canadian Government Internal Memo received further to a personal information request under the Privacy Act by the Applicant
• Consular Affairs’ Diplomatic Note to the Sudanese Government dated 31 October 2004
• Memo by Odette Gaudet-Fee, Consular Case Management Division dated 9 May 2005
• Memo by Dave Dyet, Director of the Consular Case Management Division dated 23 June 2005
• United Nations Security Council Resolution 1735 (2006)
• E-mail from Dave Dyet, Director of the Consular Case Management Division dated 3 March 2004
• Letter from Sean Robertson, Director of the Consular Case Management Division dated 18 April 2008
• Letter from Daniel Roussy, Counsel at Canada’s Department of Justice acting for CSIS dated 14 December 2008
• Transcript of Mr. Samir Ezzine’s Cross-examination by Mr. Roussy dated 3 July 2003
• Canadian Government Internal Memo received further to a personal information request under the Privacy Act by the Applicant
• E-mail exchange between Konrad Sigurdson and Scott Heatherington dated 13 to 15 July 2005
• Letter from Sean Robertson, Director of the Consular Case Management Division dated 4 April 2008
• Terms of Reference for Mr. Abdelrazik’s stay within the Embassy grounds provided by the Respondent Trade on 14 May 2008
• Legal Aid Ontario and Legal Aid Quebec Eligibility Policy
• Letter by Amnesty International Canada to Minister Bernier dated 28 April 2008
• Council on American-Islamic Relations Canada Press Release dated 2 May 2008
• News Reports on the Brenda Martin case dated 9 May 2008

Motion for Leave for New Evidence, November 2008

Written Representations

• Written Representations of the Applicant
• Written Representations of the Respondent (moving party)

Applicant’s Motion Record

• Affidavit of Sean Robertson sworn 9 September 2008
• Excerpts of Transcripts of the Cross-examination of Abousfian Abdelrazik
• Excerpts of Transcripts of the Cross-examination of Sean Robertson
• Amended Notice of Application

Respondent’s (moving party) Motion Record

• Respondent’s Notice of Motion returnable 26 November 2008
• Affidavit of the Applicant, Abousfian Abdelrazik, sworn 25 June 2008
• Excerpts of the Transcript of the Cross-examination of the Respondent’s Affiant, Sean Robertson
• Excerpts of the Transcript of the Cross-Examination of the Applicant, Abousfian Abdelrazik
• Affidavit of David Hutchings sworn 5 November 2008

Respondent’s (moving party) Supplementary Motion Record

• Affidavit of Alan Bones sworn 13 November 2008
• Affidavit of Michael Pawsey sworn 14 November 2008

Applicant’s Appeal on the Motion for Advanced Costs, March 2009

Memoranda

• Memorandum of Fact and Law of the Appellant (Applicant)
• Memorandum of Fact and Law of the Respondent

Respondent’s Motion for Leave for New Evidence, April 2009

Written Representations

• Written Representations of the Applicant
• Written Representations of the Respondent (moving party)

Applicant’s Motion Record

• Affidavit of Paul Champ
• Exhibits to the Affidavit of Paul Champ:
  • Exhibit A
  • Exhibit B
  • Exhibit C
  • Exhibit D
• Relevant Sections of the Federal Court Rules

Respondent’s (moving party) Motion Record

• Respondent’s Notice of Motion dated 3 April 2009
• Applicant’s Memorandum of Fact and Law 10 March 2009
• Affidavit of Sean Robertson and Exhibit “N” 9 September 2008
• Additional Exhibit to the Cross-examination of Sean Robertson
• Affidavit of Kathleen Mongeon 2 April 2009

Applicant’s Motion for Leave for New Evidence, April 2009

Written Representations

• Written Representations of the Applicant (moving party)

Applicant’s (moving party) Motion Record

• Notice of Motion
• Affidavit of Absoufian Abdelrazik sworn 14 April 2009
• Affidavit of Shannon Lee Mannion

Main Action (re: Compensation), September 2009

• Statement of Claim, dated 21 September 2009
• Government Notice of Motion, dated February 12, 2010
• Government Memorandum on Motion to Strike, dated 17 March 2010
• Plaintiff’s Written Representations on Motion to Strike, dated 31 March 2010
• Court Order on Motion to Strike, dated 30 August 2010