:
Good morning, Mr. Chairman and members of the committee.
[Translation]
I have been looking forward to this opportunity to meet with the Committee in order to respond to the Report of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar and to respond to your questions.
[English]
I believe that the importance of the review that has been carried out cannot be overstated. It is just such open, challenging, and intensive analysis that assures Canadians that mistakes will never be swept under a carpet in this country, nor will institutions or individuals in power be absolved from accountability in any instance where questions arise.
The famous scholar Arnold Toynbee wrote that the evolution of an individual, organization, or society is determined by the ability to respond successfully to challenges, both human and environmental.
As have all Canadians, I have observed the dignity of Mr. Arar's and Ms. Mazigh's response to the nightmare they found themselves thrust into three years ago.
Mr. Arar, I wish to take this opportunity to express publicly to you, to your wife, and to your children how truly sorry I am for whatever part the actions of the RCMP may have contributed to the terrible injustices that you experienced and the pain that you and your family endured.
I know that an apology can never give back to Mr. Arar what was taken from him, but what we can do is move forward with changes and reform. That means in very concrete terms identifying and acknowledging errors that were made, implementing whatever change is required to address them, and by recommitting ourselves to the very heart of our purpose: to do our best to serve and protect all Canadians and our country.
My objective today is not so much to go into the details of this case, as that has exhaustively been addressed by Justice O'Connor.
[Translation]
Rather, it is to share with the Committee and through you, to the public, my personal reaction to Justice O'Connor's report, as well as the actions that the RCMP already has taken and will take going forward.
[English]
My ultimate goal is to assure Canadians that I and indeed all who work in the Royal Canadian Mounted Police will do whatever we can to see that no other Canadian citizen will ever suffer what happened to the Arar family.
At this time I'd like to commence specifically with three elements of the report. First, on the Project A-O Canada team, the investigative unit of the RCMP created in the aftermath of 9/11, Justice O'Connor confirmed that Project A-O Canada was comprised of a first-rate team of investigators that had extensive experience in large and complicated investigations. It lacked, however, experience and training with respect to the unique aspect of national security investigations, including the area of information sharing with the Americans. The investigative team wasn't provided with appropriate guidance and direction from within the RCMP.
Second, on the actions undertaken by the RCMP, appropriate investigative steps were taken by Project A-O Canada, the investigative unit of the RCMP created in the aftermath of 9/11. However, information was provided to U.S. agencies without first screening for relevance or reliability or for personal information. Furthermore, written caveats were not attached to information provided. Although a specific effort was made to correct the mistaken label while Mr. Arar was still in custody in New York, Justice O'Connor found it to be inadequate. Justice O'Connor determined that while the border lookout request was a reasonable investigative step, it mischaracterized Mr. Arar and his wife and labelled them unfairly.
Having addressed that, Justice O'Connor underscored that there was no bad faith shown by the RCMP investigators. In no way did they intend or know that their actions would contribute to the removal of a Canadian citizen to Syria. He also found that RCMP officials did not know, participate in, or acquiesce to the U.S. decision to detain and remove Mr. Arar to Syria. With regard to the actions of the RCMP, Justice O'Connor found that a high-level briefing to senior government officials was incomplete and lacked balance.
These are mistakes that were indeed made. They would not happen today.
Third, on the context within which these events occurred, I think it is vitally important that the events in question be put into context, a context of a unique time in the world and for all of the areas of government responsible for responding to terrorism.
[Translation]
As Justice O'Connor stated in his report:
Following the events of September 11, 2001, those involved in protecting Canada's national security were confronted with unprecedented challenges.
An all-out effort was being made by western intelligence and law enforcement agencies, including Canada's, to track down individuals involved in the 9/11 conspiracy. Moreover, there was a significant fear, not without foundation, of a second wage of attacks.
[English]
It is true that the early days after 9/11 were confusing and challenging. Of course, this doesn't excuse us or allow us to avoid facing head-on the ramifications of that time, but the fact is we were in a very different world on September 12, a world that was new to us, to all of us, especially to those of us charged with the safety and security of our country.
We've learned valuable lessons in security since then, and some of them, particularly in this case, we learned painfully.
[Translation]
I accept the recommendations in the report without exception. Many changes are already underway in the RCMP that align with the recommendations that have been made.
[English]
These include the following.
We have strengthened our management through implementation of a new secure record system, allowing for real-time supervision of ongoing investigative information.
We have made changes to policy and procedures to provide concise direction on information handling and sharing. This includes the creation of a sensitive document-handling unit at RCMP headquarters that will ensure criminal intelligence is properly vetted and controlled.
Our national security training program has been modernized to address mandates, policy, and instruction on sensitivities to cultural norms.
We have expanded our outreach programs and created a prototype National Security Community Advisory Committee in Ottawa that will serve as a model nationwide.
We have been continuously reviewing our written agreements, our compliance with policy and ministerial directives, central coordination, and information sharing.
We have initiated a number of ongoing quality control programs and have developed a template for a memorandum of understanding in the national security context.
In addition to these, we will be moving swiftly to implement all changes that will achieve the overall goal I have already stated.
[Translation]
Ladies and Gentlemen I know that you will have many questions in the time that we have today, and I look forward to responding. But before we move to that, I would like to make two additional comments.
[English]
First, I would like you to know that this terrible event has had a profound impact on the RCMP. Ever since Mr. Arar was sent to Syria, many thoughtful people have been struggling with the question of what is the appropriate role of a modern-day police force.
It is a terrible truth that we have had to acknowledge that in the pursuit of justice against those who would destroy our way of life, innocent people can be swept up in our search to find those who might harm us. It happened in this instance. Nothing is more important than preventing such a mistake from happening again. Neither is anything more important than protecting Canadians and our very existence in the face of those who are committed to doing us harm in the horrific ways that we have seen.
I am not sure what the answer is to these bigger questions we are grappling with. Certainly the work of Justice O'Connor helps us all gain a better understanding of how to achieve both of these goals.
[Translation]
Second, I'd like to share with you the one shining certainty that illuminates, for me, the way forward in this dark time, for myself and for the Force.
[English]
And it is this. As we in the RCMP undertake the complex and sometimes overwhelming task of keeping our country safe and our communities vital, nothing undermines our shared and deep determination to serve and protect. There isn't a Mountie in this country who did not enter their chosen career with the sole intention to do their best; to make their unique contribution to law enforcement and the well-being of communities and of others; who doesn't know that on the day they graduate from the academy in Regina that their career will involve sacrifice, difficulty, danger, and yes, even the fear of making mistakes.
[Translation]
Thirty six years ago I made that same commitment--that I would serve my country to the best of my ability, uphold and live by the law and do all that I could to live the values that define what is best in all of us.
[English]
Today, I reaffirm this commitment and assure you that, personally and as a leader of this great Canadian institution, I will strive to meet the challenges before us in that same spirit.
Ladies and gentlemen, I have the honour of working with and alongside the most dedicated and duty-bound men and women you could ever imagine. Our dream is of a safe, just, and peaceful Canada. I know that every Canadian shares in the same, and that together we will continue to strive to maintain all that we have achieved in this remarkable country towards that goal.
Thank you.
[Translation]
Thank you, Mr. Chairman.
:
Thank you, Mr. Chairman.
I also would like to welcome you, Commissioner, and express my appreciation to you for your public apology this morning on behalf of the RCMP to Maher Arar and his family for the terrible injustice, as you put it, that they experienced and the nightmare they endured, and also for putting in place the recommendations set forth by the O'Connor commission
As you know, Commissioner, the principal findings of the O'Connor commission were not only that Maher Arar was an innocent person, but that indeed he was the innocent victim of both the American and Syrian governments and the actions of Canadian officials. In particular, the commission found that while the RCMP, as you yourself stated, did not know, participate in, or acquiesce in the United States' decision to deport Mr. Arar to Syria, RCMP officials, nonetheless, one, conveyed false and misleading information to American authorities, which, in the words of the commission, likely contributed to Arar's removal to Syria and the torture he then experienced; two, provided inaccurate and misleading information to the Privy Council and the government ministers; and three, deliberately leaked false and misleading information to the public after Maher Arar's release--and one would say knowingly so--the consequences of which were devastating for Maher Arar and his reputation, as the commission put it.
My question, then, to you, Commissioner, is this. What did you know and when did you know it? In particular, were you aware of the conveyance of the false and misleading information by RCMP officials to a U.S. authority that likely contributed to his removal, for example, that Maher Arar and his wife were Islamic extremists who were associated with the al-Qaeda terrorist movement, a characterization that, as the commission put it, would have disastrous consequences if so made as it was?
Those are my questions to you, Commissioner.
:
Thank you, Mr. Chairman.
Commissioner, you said you did not know that false or misleading information had been initially conveyed to the U.S., but you learned that it had been corrected during the time of his detention, which was presumably when you learned of this development.
My first question is, once you learned that false and misleading information conveyed to the U.S. authorities had been corrected, in your own words, why was the Canadian government not briefed about that fact? Why did the RCMP continue to convey false and misleading information to Canadian authorities after they had already corrected it with American authorities, and doing so even after Maher Arar's return to Canada?
Second, once you learned again about the false and misleading information to the United States, why did the RCMP, as Justice O'Connor has reported, not support the one voice initiative letter to Syria, which, as Justice O'Connor reports, undermined facilitating his earlier release and return to Canada? My question here is, were you involved in the discussions regarding the one voice initiative? If yes, were you supportive of it? If not, why were you not involved?
My third and last questions is, whether or not the damaging leaks came from the RCMP, once these damaging leaks were publicly made to the Canadian public, one year after the initial detention of Maher Arar, why did you not correct the public record? Since you knew that the false and misleading information had been corrected to the Americans one year earlier, Commissioner, why did you not speak up and correct the public record here in Canada, where Maher Arar's reputation and that of his family was being badly damaged, after it was clear that there was no evidence against him?
:
Thank you very much, Mr. Chairman.
Commissioner, first of all, let me express to you my gratitude for your appearance here today and for offering your perspective on this very important issue of not only national importance but indeed international importance.
You've offered your apology, which speaks to the fact that you do in fact take this issue extremely seriously.
We've covered all sorts of ground here in this meeting, from leaks to timelines, your own personal involvement, the personnel challenges, and training issues that have arisen, whether or not there was political direction in this case, Justice O'Connor's report, his recommendations, the exchange of international information, and the problems that sometimes arise as a result of that.
I also took note that there's been a shift in police culture as a result of September 11, not only in this country but in fact internationally. There has been clarification as well that there is no investigation of the Arar family taking place.
The point I want to focus on is that in fact mistakes were made, and when mistakes are made, hopefully lessons are learned.
Commissioner, you, as an individual who has served this country and indeed the RCMP for over 36 years, would clearly understand that the Royal Canadian Mounted Police is an institution in our country. It is an organization that we as Canadians look to. It exercises a very important role in our civil society. What assurances can you, as commissioner, provide the Canadian public, who may in fact be viewing the committee hearings, that these errors will not repeat themselves and that in fact the RCMP can fulfill its responsibilities into the future?
:
Thank you, Mr. Chair, and thank you to members of your committee for your interest in this very important matter. Thank you for having me here to speak to you about the very important findings of Mr. Justice O'Connor on the actions of Canadian officials in relation to Mr. Maher Arar, his deportation to Syria from the United States, and his detention in Syria.
[Translation]
A second report, dealing with the establishment of a review mechanism for the RCMP's activities with respect to national security which should be released later this fall. According to what has been said, this should be a very important report.
[English]
The second report dealing with a review mechanism for the national security activities of the Royal Canadian Mounted Police is expected later this fall. I know that members are interested in that one also.
[Translation]
I wish to congratulate Justice O'Connor and all the people who have worked on that report. Justice O'Connor's report is an important document. It is shining light on a very complex and very difficult aspect of the mandate of our security agencies.
[English]
I'd like to commend, once again, Mr. Justice O'Connor and all who worked on this report. This report is a vitally important document. It provides insight into a very complex and difficult part of our security agency's work.
Some have said that all of these situations took place under a former government, but I want everyone to know that the new government of Canada and the Prime Minister very clearly indicated that we accept responsibility for all 23 of the recommendations of this report. Others have also said that in the backdrop of 9/11, there was a need to move quickly and take action on matters of security, that there were pressures at the time that had to be addressed, and what was in place at the time in terms of investigation and its capabilities may not have been optimal. The backdrop realities may be a fact of life, but there is no excuse for mistakes that were made. Decisions were made and actions were taken that had serious and grave consequences for Mr. Arar, his life, and his family. What he and his family went through was unacceptable and unjust.
Last week, right here in the House of Commons, as individual members, we stood in unity in a vote expressing our feeling and our sentiment on that matter. We reflected the sentiment that apologies are appropriate and need to be undertaken, by taking that vote and demonstrating the regrets.
By his work, Mr. Justice O'Connor has given us much to think about. In fact, he's painted a map that can help to guide us, and it is guiding us already.
[Translation]
Mr. Chairman, the Government of Canada accepts that report. We are going to implement its recommendations. In fact, we have already started to do so and we shall continue.
[English]
The Government of Canada accepts the report of Justice O'Connor. We will implement its recommendations; indeed we have started to do so already.
We are giving full consideration to all implementation capabilities, and we will move on all 23 of these recommendations. In the first part of the report, recommendations 1 through 11 are directly and principally concerned with the role of the RCMP and its national security work, as well as its efforts to coordinate with other agencies.
Consistent with statutory authorities, cooperation between the RCMP and CSIS is critical in these areas. I can tell you that now, on at least a monthly basis, the officials of the RCMP and CSIS meet to coordinate their efforts and align their priorities. This was not the case at the time of Mr. Arar's removal and detention; it is the case now under the new government of Canada.
Recently, under the auspices of the new government of Canada, CSIS and the RCMP signed an updated memorandum of understanding that guides their work in counterterrorism and supports joint training. In fact, a new national security corps training standard has been developed and will be delivered jointly under that memorandum of understanding.
Commissioner Zaccardelli has also informed me that the RCMP currently has four integrated national security enforcement teams in major centres across Canada. These teams include other federal agencies as well as provincial and municipal policing services. This will help to maximize our law enforcement efforts. We saw some demonstration of this last June with the arrests that were made in Toronto.
Also now in place is a centralized oversight of national security investigations from RCMP headquarters.
[Translation]
One of the main issues raised in the report deals with the sharing of information for public safety and national security purposes. Justice O'Connor has made recommendations on that subject.
[English]
A central issue in the report is the question of information sharing for public safety and national security purposes. Mr. Justice O'Connor makes a number of recommendations on this.
I was also pleased to read that Mr. Justice O'Connor strongly endorsed the importance of information sharing in protecting Canada's national security interests and addressing threats to our security. I am now informed that the RCMP has revised its policies on information sharing in national security operations to provide more precision and more clarity. The report will help further guide consideration in this important area.
I'm also particularly interested in the RCMP's centralized approach to managing all aspects of national security investigations, including the consistent application of caveats. To this end, I have been assured that a review is under way of all existing caveats.
I look forward to the second report of Mr. Justice O'Connor because he will clarify his thinking on the review of RCMP activities and oversight considerations. I know that is a compelling interest of my colleagues around this table.
Recommendations 12 through 15 deal with the management of relationships with foreign governments and associated human rights concerns when information is shared. This affects many departments and agencies. I can assure you that work is already under way on these recommendations. For example, CSIS has developed a new caveat to accompany all of its information that is shared with foreign agencies, to ensure that this information will not be misused.
The Canada Border Services Agency and the Department of Foreign Affairs are both now undertaking a review of information sharing practices in their areas, and in this one in particular. In addition to that, the Department of Foreign Affairs is already sharing human rights reports on various countries with security and intelligence agencies, as recommended by Mr. Justice O'Connor. This helps to support effective decision-making in this area and was a problem in the past.
CSIS has amended its procedures for foreign liaison and cooperation, as well as its targeting policy, to make it explicit that the human rights records of other countries must be taken into consideration.
Further review is going to take place in light of these particular and specific recommendations.
[Translation]
In his report, Mr. Justice O'Connor made recommendations, numbers 16, 17 and 18, related to consular affairs. I want to show you that my colleague, the Minister of Foreign Affairs, has committed to these steps along the lines of the recommendations as laid out by Justice O'Connor and as required.
[English]
In his report, Mr. Justice O'Connor has recommendations, numbers 16, 17, and 18, related to consular affairs. I want to assure you that my colleague, the Minister of Foreign Affairs, has committed to these steps, along the lines of the recommendations as laid out by Justice O'Connor and as required.
[Translation]
I am also advised that current training for consular personnel is being enhanced and made available to an increasing number of front-line staff.
[English]
I'm also advised that current training for consular personnel is being enhanced and made available to an increasing number of front-line staff.
Mr. Justice O'Connor has made other recommendations, specifically numbers 19 and 20, dealing with training and policies. I support, as I know you do, better training and clear policies in federal departments and agencies to address possible concerns related to racial, religious, or ethnic profiling. I say this recognizing that some organizations already have well-established policies and training programs in place in this area.
Nevertheless, learning is a never-ending process, and we will continue along the lines of these recommendations.
I've also asked the agencies in my portfolio to move to implementation of Justice O'Connor's recommendation 21 concerning the use of border lookouts. I can confirm, as my colleagues will know, that we took action last week, within 24 hours of the release of the report, and the Canada Border Services Agency removed the names of Mr. Arar, his wife, and family from its lookout list. There is no active lookout on Mr. Arar. In addition, all references to Ms. Mazigh and her two children have been removed from the intelligence management system, again as per Mr. Justice O'Connor's recommendation. We acted on that very quickly.
I've also written to the U.S. Secretary for Homeland Security to inform him of the report's main conclusion, that there is no evidence to indicate that Mr. Arar has committed any offence “or that his activities constitute a threat to the security of Canada”. I also informed him that I have ordered the removal--and the removal has taken place--of references to Mr. Maher Arar or his family on any of our CBSA lookouts. I shared this information with the United States to ensure that no measures or actions would be taken based on inaccurate information, and I encouraged them to follow suit.
[Translation]
I also want to add that in 2004, Canada and the United States have signed a protocol.
[English]
Mr. Chairman, it's important to note that there is a protocol in place between Canada and the United States to provide that each would notify the other if contemplating the removal of a national of the other country to a third country. We have sought this understanding to avoid a repetition of the circumstances of the Arar case. Our dialogue with the U.S. government is ongoing in this regard.
I believe that we are the only country to have such an understanding with the United States. The Government of Canada has already expressed its concerns to the Government of Syria with regard to the detention of Mr. Maher Arar. It is pursuing Mr. Justice O'Connor's recommendations in this regard.
Mr. Justice O'Connor's final recommendation, number 23, is that the Government of Canada should assess Mr. Arar's claim for compensation and respond accordingly. The government has already instructed counsel to contact Mr. Maher Arar's counsel to pursue mediation in this regard. That contact has been made.
Mr. Justice O'Connor reports that he has heard enough evidence about the cases of Messrs. Almalki, El Maati, and Nureddin to observe that these cases should be reviewed through an independent and credible process. He does not recommend or suggest that this be done through a full public inquiry, as was the Arar case, but he does recommend that this be done. The government is now pursuing the most efficient and capable way of doing that--and we will do that.
We must take this opportunity, Mr. Chairman, to learn from past events, so that all agencies and departments that are charged with national security responsibilities meet the needs and expectations of Canadians. The fact that this entire affair took place under a previous government does not diminish the responsibility of the new government of Canada.
After looking at Mr. Justice O'Connor's report, it is important to state that while he notes there were serious concerns about how information concerning Mr. Maher Arar was used and how agencies worked together, he does not find evidence that Canadian officials participated or acquiesced in the United States' decision to detain Mr. Arar or to remove him to Syria.
:
On the first question, related to the apology, let me refer members again to the report. We want to be careful to be doing as Justice O'Connor suggested.
I'll just read to you from the report itself:
...if the Government of Canada chooses to negotiate with Mr. Arar,
—and in fact we do, and we have sent the indication and have begun to do that—
negotiated arrangements can be more creative than a mere damage award. A compensation agreement could involve anything from an apology to an offer of employment or assistance in obtaining employment.
That's the recommendation of Justice O'Connor.
Let me answer your question, Joe; you've asked me to do that, and I want to.
We intend to go farther than simply offering employment, but this is a discussion between Mr. Arar and his lawyers. Justice O'Connor, as a person who understands these judicial processes, also understands that within the context of compensation is the issue of apology.
If I can use another example, we had the situation of the Chinese head tax—just follow me on this. That was something that was put in place by another government, but this government took responsibility to address it. But before there was an apology stated, there was a lot of discussion that went on with those who were working their way through the civil process. We had to make sure the apology would be something that was sufficient for those who had been hurt.
It's precisely the same process in principle that's being applied here. Justice O'Connor is saying that if the government wants to do this—and we do—then do it this way. It could include an apology; it could include other things. That's why, out of respect for Mr. Arar, out of respect for what he and his family went through, we want to make sure this is done correctly.
On the second question, of national security, about 99.5% of everything Justice O'Connor wanted to publish has been published. For some matters of national security—
:
I take the advice of national security. I take the advice of those who work with other security agencies. And on the basis of national security, and for the importance of maintaining proper relationships with other security agencies, with our allies, a decision was made to retain a tiny portion of the information.
Now it's very important to note that Justice O'Connor, though he does not share that view with us, did say that nothing of the information that was being held stopped or restricted in any way the report he put out here, his criticisms, or the recommendations. So nothing has restricted in any way his ability to come out with some very good recommendations.
I just have to say, when looking at this information, that when it comes to national security, the risk to Canadians, and the risk to some of those involved in our security agencies, I will have to do what I think is right and make the recommendation that a very tiny portion of this information, which could be harmful not to Mr. Arar--Mr. Arar has been given a clear assurance from us that we want things cleared for him.... But I am taking that position.
As a matter of fact, we're taking a statutory position, and we have advised Justice O'Connor of this. We will take the necessary steps, through a court order, to protect what we believe are national security interests. Now if that proceeds to court, then the courts obviously will decide and it will have to stay with that. So that's why we're taking that particular position; it's in the interest of the security of Canadians.
As far as parliamentary oversight, as Mr. Comartin, I think, knows, Justice O'Connor has said he wants to come back, and is coming back, with a second report. Much of it has to do with policies, but a significant portion of it will have to do with the question of parliamentary oversight.
I have indicated publicly, even when I was a member of the opposition, that I want to see some kind of oversight mechanism. It was also part of our campaign commitment coming into the last election, and it is still the Prime Minister's commitment. We want to see proper parliamentary oversight by an all-party group.
Some around this table have brought forward excellent recommendations on that in the past. We're going to proceed with that at some point, but I think in deference to Justice O'Connor, we have to hear his views on it. We'll continue to proceed in that particular direction.