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Sun Jan 21 15:57:41 PST 2018

Canada to reconsider Extradition Act in wake of Diab case
10-year ordeal suffered by Ottawa professor reveals system that puts
Canadians' rights last
Evan Dyer · CBC News · January 18
Hassan Diab stands with his wife Rania Tfaily as he speaks with
reporters in Ottawa on Wednesday. Since French authorities dropped
terrorism charges against him, Diab says his focus will be on fixing
Canada's 'lousy' extradition law. (Sean Kilpatrick/Canadian Press)
385 comments
Upon his return to Canada, Hassan Diab could not have been clearer; he
doesn't want "a penny" of compensation, "not even to buy a cup of
coffee."
Instead, the former university professor said, "my main mission for
the time being is to help get rid of the existing — I call it lousy
— extradition law."
Wednesday the Liberal government hinted that changes to that law could
be coming.
"The minister of justice and attorney general of Canada always works
to ensure that all federal laws are consistent with the Charter, the
rule of law, and the highest standards of justice and fairness," said
spokesman Dave Taylor in a written statement.
"The minister is seeking guidance from her officials regarding the
effectiveness of existing protections in the Extradition Act, and has
asked them to look at any lessons learned in relation to this case."
Wife of freed Paris bombing suspect fears ordeal isn't over
Hassan Diab talks about his 9-year ordeal battling terrorism
accusations
Few cases have so effectively raised questions about the act, which
landed a Canadian in solitary confinement for years without enough
evidence (as the French judges ruled) to justify holding a trial.
Extradition is only supposed to happen when the foreign country in
question is ready to take a Canadian to trial, said Diab's lawyer, Don
Bayne.
"And France, as we argued through every level of court in Canada, was
never, ever ready with a case to try Dr. Diab."
"The justice minister at the time of the parliamentary debates about
the current Extradition Act, promised that no Canadian would ever
languish in a foreign prison during a foreign investigation, yet
that's exactly what our courts let happen to Dr. Diab."
      Hassan Diab sits down with Rosemary Barton to discuss his
release from a French prison and what it feels like to be home. 11:56
Diab's stay in France's Fleury-Mérogis prison, during which he missed
the birth of his first son, came after an almost six-year fight
against extradition in Canada.
For some of that time, Diab had to wear a GPS ankle bracelet, and pay
$2,000 a month for the privilege. A hundred supporters in Ottawa each
volunteered $20 a month to help meet the expense.
Bayne said the Extradition Act requires the accused to prove the
information against them is "manifestly unreliable." The requesting
state need only make allegations, and give assurances it's case is
valid.
France, for example, was not required to provide sworn testimony
against Diab.
"Imagine the uphill battle that you face as an ordinary Canadian in a
foreign state," said Bayne
One-way street
Some countries Canada extradites citizens to do not return the favour.
Canada has extradition treaties with more than 30 countries, including
Cuba. But those that will not extradite their own citizens include
Austria, France, the Czech Republic, Germany and Switzerland. Canada
allows extradition to each.
(France, in but one example, has for four decades refused to extradite
film director Roman Polanski to the U.S., although he pleaded guilty
to an unlawful sex act with a minor in California, and then fled the
country to evade punishment.)
Hassan Diab, Canadian university professor once charged with terrorism
in France, is back in Canada
The low bar for a requesting state, and high bar for an accused,
leaves Canadian courts with their hands tied once the extradition ball
starts rolling.
Ontario Superior Court Justice Robert Maranger, who granted France's
extradition request in 2011, was blunt in his assessment of France's
case, saying it was "very problematic" and drew "suspect conclusions."
"The prospects of conviction in the context of a fair trial seem
unlikely," Maranger predicted.
Rob Nicholson's role
Yet under the law, Maranger merely "committed" Diab for extradition.
Only the minister of justice could actually "surrender" him.
That minister was Rob Nicholson. He was the only Canadian official
with complete discretion and, upon reading Maranger's concerns, could
have simply vetoed the extradition, yet chose not to.
In a letter to Diab's lawyer justifying his reasons, Nicholson
appeared to prioritize Canada's diplomatic relationship, giving France
the benefit of the doubt despite Maranger's concerns.
Former Ottawa prof Hassan Diab free in Paris after terrorism charges
dropped
"Applying Canadian standards to France's legal process undermines the
good faith and honour that underlies the extradition relationship
between our two countries," he wrote.
"While France's legal system differs from that which operates in
Canada, I must assume, based on the principles of comity and good
faith, that France will treat Mr Diab fairly, even if the evidentiary
and procedural requirements under which he would be tried are at
variance with our own."
'Deference' to France
Bayne, Diab's lawyer, asked Nicholson to at least condition the
extradition by demanding France promise to exclude evidence from
handwriting experts, which was eventually discredited by an
international peer review. (Maranger described the handwriting
analyses as "manifestly unreliable evidence.")
Nicholson's reply to Diab's lawyer said, "no assurances are warranted
in this case."
"As I stated previously, the principles of comity and respect for
state sovereignty which are the cornerstone of the extradition process
mandate that deference be shown to a treaty partner's criminal justice
system, including their evidentiary requirements," Nicholson wrote.
Amnesty says no evidence for France to jail Ottawa professor, urges PM
to act
Nicholson's letter also dismissed the fact that Diab's passport did
not show travel to France at the time of the bombing. The French, he
pointed out, alleged that the bombers travelled on false passports,
"thus making Mr Diab's 1980 passport corroborative of France's
allegations against him."
In other words, the lack of any evidence in Diab's passport showing he
was in France, helped prove he had been there at the time. French
judges ultimately determined that "consistent evidence" backed Diab's
claim that he was in Lebanon sitting exams at the time of the bombing.
   Canadian university professor Hassan Diab talks about the decision
to extradite him when he had not been found guilty of a crime in
Canada. 1:01
Nicholson (now an opposition MP) did not respond to a request for an
interview, but in a statement said:
"Extradition requests made to and from Canada are confidential, state
to state communications. Canada's Extradition Act provides for
Canada's court system to determine if there is sufficient evidence to
justify an individual's committal for extradition." 
"This case, like all extradition cases, was subject to judicial review
at several stages of the process. You will note that the Supreme Court
of Canada refused to hear the appeal in this case."
The statement does not address his role in the extradition.
http://www.cbc.ca/news/politics/extradition-act-review-diab-1.4493187

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