Immigration watchdog sacked in the U.S.
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James Gordon
The Ottawa Citizen
Thursday, December 16, 2004
OTTAWA -- The watchdog who launched a U.S. investigation into that country's deportation of Canadian Maher Arar lost his job Friday, fuelling worries the review could be affected as a result.
The inspector-general for the U.S. Department of Homeland Security -- a position similar to Canada's auditor-general -- has been investigating what led immigration officials there to send Arar to Syria instead of home to Ottawa in 2002.
Clark Kent Ervin, a vocal critic of the department, announced last week the Senate failed to approve his nomination on time to continue in his job as inspector-general. While the White House can re-nominate him, it has indicated it would not do so.
Now, a group of human-rights lawyers argues Ervin was pushed out because of a willingness to probe controversial Department of Homeland Security (DHS) policy and practice, citing the Arar review as an example.
"Ervin's abrupt dismissal calls into question the administration's commitment to an independent inspector-general at DHS," the group Human Rights First said in a statement urging congressional oversight committees to ensure the investigation is completed.
The U.S. advocacy director of another group, Human Rights Watch, said she still expected a full accounting of Arar's deportation, but added it would likely be delayed by Ervin's departure. "The review of the Arar case is already well underway, so there's no way it shouldn't continue," Wendy Patten said.
Arar, a Syrian-born Canadian, was detained by immigration officials at New York's JFK airport in Sept., 2002, on suspicion he was an al-Qaida member. He was deported to Syria, held for a year without charges, and claims to have been tortured.
A spokeswoman for the inspector-general's office said the DHS report is "back on track" after some lengthy delays. However, no date has been set for its release.
"It's just been slow getting some documents from other agencies," Tamara Faulkner explained. The report could potentially embarrass U.S. law enforcement and shed light on the roles of the Canadian Security Intelligence Service and the RCMP in the Arar case when it's finally released.
Meanwhile, it was confirmed Wednesday the Federal Court will have to decide how much Canadians can learn about the role of Canada's spy agency in the Arar case.
On Dec. 3, the head of the Canadian inquiry into Arar's deportation and detention said a 10-page summary of CSIS evidence heard in camera should be released to the public.
After missing a Monday deadline to respond to Dennis O'Connor's ruling, the attorney-general's office delivered notice Wednesday it would claim national security confidentiality over portions of the summary. Under the terms of the Canada Evidence Act, the disputed release will be automatically sent to Federal Court for determination.
� The Vancouver Sun 2004
