Liberals vow to review Canada’s poor record jailing Islamist fighters returning to country

Reasonable approach as part of the overall review under-way:

Canada’s poor record at jailing Islamist fighters returning from Syria and Iraq will be scrutinized as part of the government’s overhaul of the nation’s security apparatus.

The commitment Tuesday by Public Safety Minister Ralph Goodale, responsible for Canada’s chief spy agency and the RCMP, follows news that about 60 individuals in Canada are suspected to have returned from foreign battlefields and the ranks of the Islamic State, al-Qaida and other terrorist groups.

None have been charged, though Parliament in 2013 created four new criminal laws against leaving the country or attempting to leave to engage in terrorist activities. The Canadian Security Intelligence Service (CSIS) believes about 180 others from Canada are currently fighting with, or aiding, extremist movements overseas.

The numbers were revealed Monday by CSIS Director Michel Coulombe, testifying before the Senate’s committee on national security. The principal concern is that some of those who survive and return to Canada could use their combat skills to launch attacks here or become terrorist recruiters, fund-raisers and domestic organizers.

Goodale and RCMP Commissioner Bob Paulson, appearing before the Commons public safety committee Tuesday, said the paucity of foreign fighter prosecutions — there has been just one — reflects the high evidentiary standards in Canada’s criminal courts. (Five other men have been charged in absentia, but two have reportedly been killed fighting in Syria.)

Gathering incriminating intelligence in a far-flung combat zone, then turning it into evidence to satisfy guilt beyond a reasonable doubt is tough. What’s more, CSIS has no law enforcement powers and terrorism-related criminal charges are up to the RCMP.

“It’s a challenge to be able to get the evidence that’s required to prove our cases to our standards here in Canada,” Paulson told reporters. “We have been improving collecting that evidence, but it is fundamentally an evidence-collection issue.”

Increasingly, police and other authorities are using heavy surveillance, immigration law, detentions, peace bonds and disruption tactics to watch, remove, control and thwart the activities of those who have returned.

Both Goodale and Paulson flatly rejected the notion of lowering criminal law thresholds.

Instead, Goodale said the issue will be included in the government’s promised review of Canada’s national security framework.

“How do you make that important transition from intelligence information to prosecutorial evidence? All of that is part of what we will be examining,” he said.

Source: Liberals vow to review Canada’s poor record jailing Islamist fighters returning to country | National Post

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Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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