OTTAWA — The federal government is appealing a judge's declaration that four Canadian men being held in Syrian camps are entitled to Ottawa's help to return home.
In a filing Friday in the Federal Court of Appeal, the government asks that a ruling last month by Federal Court Justice Henry Brown be set aside — and be placed on hold while the appeal plays out.
In his ruling, Brown directed Ottawa to request repatriation of the men as soon as reasonably possible and provide them with passports or emergency travel documents.
Brown said the men are also entitled to have a representative of the federal government travel to Syria to help facilitate their release once their captors agree to hand them over.
The Canadians are among the many foreign nationals in Syrian camps and jails run by Kurdish forces that reclaimed the strife-torn region from the extremist group Islamic State of Iraq and the Levant.
They include Jack Letts, whose parents John Letts and Sally Lane have waged a vocal campaign to pressure Ottawa to come to his aid.
The parents have long said they have seen no evidence that their son became a terrorist fighter, adding that Jack stood against ISIL and was even put on trial for publicly condemning the group.
In a statement Friday, Lane said the federal appeal is a cruel delay tactic based on "clearly frivolous arguments" that were soundly dismissed in the original court decision.
"Canada is just prolonging my son's torture and that of the other male detainees, and once again showing itself to act just like the rogue states it condemns when they violate international law."
The identities and circumstances of the three other Canadian men are not publicly known.
Lawyer Lawrence Greenspon, who represents the three men other than Letts, said he was disappointed but not surprised by the federal decision to appeal Brown's judgment.
"I look forward to defending a courageous, compelling and comprehensive judgment," Greenspon said in an interview.
Family members of the men, as well as several women and children, had argued in court that Global Affairs Canada must arrange for their return, saying that refusing to do so violates the Charter of Rights and Freedoms.
The government insisted that the Charter does not obligate Ottawa to repatriate the Canadians held in Syria.
However, Greenspon reached an agreement last month with the federal government to bring home six Canadian women and 13 children who had been part of the court action.
Greenspon said Friday those repatriation efforts are still expected to go ahead.
"Thank goodness we made the deal for the women and children," he said, suggesting their return to Canada might otherwise have been held up, as with that of the four men.
In the notice of appeal, federal lawyers say the Canadian men travelled to Syria of their own free will, against the advice of Canada to avoid the country.
Brown erred by interpreting the right of citizens to enter Canada under the Charter "to include a novel and far-reaching 'right to return' to Canada, even if the citizen is detained abroad by a foreign entity," the notice adds.
"The court has effectively created a right to be returned."
This report by The Canadian Press was first published Feb. 10, 2023.
Jim Bronskill, The Canadian Press
