Opinion: Jack Letts and other Canadians held in Syria deserve proper justice*

When we met Canadian citizen Jack Letts in a prison in Northeast Syria last August, he asked if we thought he would still be there in 10 years. At that point he had been locked up in harrowing conditions without charge or trial for more than six years.

The letters, photos and books we were able to bring to him from his mother, who lives in Ottawa, were Jack’s first news of his family in years. Our visit was the first confirmation for his family in two years that he was even alive. He has no access to a lawyer. And he is not receiving any support from Canadian officials, as the Canadian government refuses to carry out consular visits in the region.

We paused before answering, not wanting to crush his sprits or give false hope. We told him it was unlikely he would still be in detention in 10 years, but that there was no prospect of short-term release. We told him we hoped he might be back in Canada in a year.

“Back in Canada,” of course, does not necessarily mean out of detention. If there is credible evidence that Jack has committed terrorism-related or other crimes, he would rightly be charged under Canadian law. Jack told us that he would willingly face any such allegation, as long as it involved a fair procedure. That, clearly, is not on offer in Northeast Syria.

We were cautiously optimistic because of a pending appeal application before the Supreme Court of Canada in a legal challenge brought by Jack and three other Canadian men unlawfully detained in Northeast Syria. Little did we know, however, that three months later the Supreme Court would inexplicably deny leave to hear that appeal, a deep disappointment. The court does not give reasons for leave decisions.

We have now passed the halfway point in what we hope will not prove to be misguided optimism of justice within a year. However, six months on, there is no sign that the Canadian government is readying to repatriate Jack.

Jack Letts is not alone. There are at least eight other Canadian men unlawfully imprisoned in Northeast Syria. We also know of one Canadian woman, 13 Canadian children and three non-Canadian women who are mothers of some of those children, who are held in a dangerous and overcrowded detention camp in the region, also with no end in sight.

And those Canadians are not alone. There are more than 50,000 prisoners, more than half of them children, unlawfully detained across Northeast Syria. Most are Syrian or Iraqi, but in all there are 60 different nationalities in the camps and prisons. Some have very likely been responsible for terrible abuses during the years that ISIL controlled that region, while others were themselves victims of or opponents to ISIL. All are denied any justice.

We met with one other Canadian male prisoner, all of the women, and six of the children while we were on the ground in August. The human rights violations they are enduring are extensive, and the Canadian government’s failure to take steps to protect them is a disgrace.

Last week, an exceptional application was filed with the Supreme Court, asking for reconsideration of the decision not to hear an appeal. Given the ongoing intransigence of the government, turning to the court, no matter how extraordinary the request, seems the only option. Past progress with repatriation has generally only happened under threat of possible court action.

That application has been brought because the situation on the ground continues to deteriorate, and the risks to these Canadians grow even more alarming. That is due in part to shifting political and military circumstances in the Middle East since the Oct. 7th Hamas attack in Israel and the humanitarian catastrophe unleashed by more than five months of unrelenting bombardment of Gaza by the Israeli military.

No doubt taking advantage of international focus being diverted to the Gaza crisis, the Turkish military has ramped up its deadly drone attacks in Northeast Syria. ISIL activity also appears to be increasing. And now there is talk that the U.S. military, whose presence in Northeast Syria has provided a minimal degree of stability, may be preparing to withdraw its troops. Notably, the U.S. government repeatedly calls on Canada and other countries to repatriate their nationals.

Things were bad enough when we were in Northeast Syria in August. The situation has only worsened since and seems slated to become more dire. What is needed is not protracted litigation. What is needed is a political decision to bring all Canadians home from there, to hold them accountable in our legal system if warranted. It is time for human rights to prevail.

* Kim Pate is an Independent Senator for Ontario. Alex Neve is a Senior Fellow at the University of Ottawa’s Graduate School of Public and International Affairs. Scott Heatherington is a retired Canadian ambassador and diplomat. Hadayt Nazami is an immigration and human rights lawyer in Toronto. They travelled to Northeast Syria as a civil society humanitarian delegation last August. First published as an opinion piece in the Ottawa Citizen on March 25, 2024.