Inside the Government , Arar negotiations

Interesting that there seem to have been attempts to sabotage the negotiations including by our friend David Wilkins the US ambassador to Canada.


Inside the emotional Arar negotiations

Written by Mark Bourrie
Monday, 05 February 2007
OTTAWA — The parties to the Maher Arar mediation met in the rooms used by Pierre Trudeau and the provincial premiers to craft the Constitution in November 1981.

‘The dynamics operating outside the mediation and the quantums involved in the mediation made it the challenge of a lifetime,’ says Julian Falconer. Photo: Paul LawrenceOn one side of the table in a boardroom of the Government Conference Centre near Parliament Hill sat Toronto lawyer Julian Falconer and the four members of his team representing Arar.

Across the table for two days of meetings Dec. 14 and15 were Robert MacKinnon, senior counsel to the Department of Justice, and his boss, Associate Deputy Minister Will McDowell. Former Ontario Superior Court justice George Adams, one of the country’s top mediation scholars, sat between them.

Two days earlier, Dennis R. O’Connor, the associate chief justice of Ontario, had released his final report on the seizure of Arar by U.S. authorities at New York’s JFK Airport and his deportation to Syria in 2002.

Arar spent more than 10 months in a tiny cell in Syria’s notorious Far’Falastin Prison and was tortured into confessing that he was a terrorist. Information from these “confessions” was later leaked, probably by Canadian authorities, to the Ottawa Citizen, which published the material as proof that Arar was a member of an al Qaeda cell operating here.

O’Connor placed part of the blame for Arar’s arrest and torture on Canadian authorities, noted Arar’s career as a computer consultant was shattered, and his reputation irreparably tainted. He recommended compensation.
Falconer, acting as Arar’s civil counsel (Marlys Edwardh represented Arar at the O’Connor inquiry), had already filed a claim for $400 million against the Canadian government. The litigation was adjourned by Ottawa judge Lynn Ratushny on consent of the parties until the O'Connor commission could finish and release it's first report. The parties agreed that within 90 days of the report's release they would enter a mediation to settle the matter.

All parties to the mediation have respected their confidentiality agreements. Law Times, however, has learned the Arar mediation sessions were often emotional, punctuated by events that, some participants believe, were deliberate attempts to shut the process down. Several times the mediation reportedly came close to being derailed.

For example, on the second day of the mediation, U.S. Ambassador David Wilkins issued a statement saying his government had information that justified keeping Arar on its no-fly list.
“It all came into the room. It took all of George Adams’s formidable skills as a mediator to keep everyone at the table,” one participant said. “It was very, very close sometimes.”

“The dynamics operating outside the mediation and the quantums involved in the mediation made it the challenge of a lifetime,” said Falconer.
“For instance, for the first time in the history of the RCMP, the head of the RCMP had to resign. That happened just before the mediation began. Then, while it was under way, there was the public statement of the U.S. ambassador saying that Maher Arar was still a threat to U.S. security.

“I think it’s reasonable to assume that these public announcements were made to disrupt negotiations. It was public knowledge that the mediation was going on,” Falconer said.
“My antennae were never more attuned to my client’s concerns about the actions of intelligence agencies. They could not be cast off as paranoia. It was certainly in the interests of foreign intelligence agencies to disrupt the mediation,” he said.

And, Falconer said, he could never be sure that the RCMP and intelligence agency officials who stayed near the mediation weren’t involved in the smearing of his client to U.S. authorities and Canadian journalists.
“The persons who the O’Connor commission identified as leakers, government officials engaged in leaks of classified information to slander Mr. Arar, covered their tracks and have yet to be identified. They may still be in high government circles giving instructions,” Falconer said.

The RCMP continues its investigation into whether its officers are responsible for the leaks but so far nothing has come of it.
Arar and the government were far apart when the mediation began, despite days of intense negotiations between the release of O’Connor’s report and the beginning of the Ottawa session.

Justice Department sources say Prime Minister Stephen Harper and his national security advisor, Margaret Bloodworth, were “in the loop” in the negotiations, as was then-Justice minister Vic Toews.
By the time mediation began, Arar’s claims had been pared back to less than $40 million. Eventually, the parties agreed on $10.5 million in compensation for Arar, his wife Monia Mazigh, and five brothers, and $1 million in legal fees.

Falconer said Arar would not let go of the idea of a suit against the government, and refused to give in to government pressure to delay his action.
“Our client controls a lawsuit. He does not control the proceedings of the Royal Commission, much of which was held behind closed doors,” Falconer said.
Determining a settlement that could be accepted by Arar and defended by the government consumed much of the mediation.

Falconer said his written briefs were “exhaustive and detailed.” They analyzed Arar’s ability to find employment, the loss in value of the consulting company he owned, and the impact of the publicity of the case on Mazigh, who holds a PhD in economics from McGill University. Neither has held a full-time job in their areas of expertise since Arar’s arrest.

The mediation also assessed the damages suffered by Arar’s five brothers.

“This case is at intersection between the issues of state accountability and personal injury litigation,” Falconer said. “Personal injury counsel are well suited to properly do assessment of injuries and the values associated with them. My partner [personal injury lawyer Theodore Charney] had a very important role in this. As we catch up to the U.S. style of civil rights litigation, it’s important for counsel to develop personal injury law skills,” he said.

Justice Department sources say they knew the government would take some criticism for the size of the settlement.

“We could have gone to court and spent millions to come out with a huge award against the government for actual and punitive damages,” said a Justice Department lawyer. “Would there have been any chance that the government could have saved money? No. We were looking at what is arguably the worst case of defamation in Canadian history.

“Brian Mulroney received $2 million because the RCMP wrote a letter and sent it to another police force. Mulroney was still able to make a very good living. So what is 10 months in a Syrian torture chamber and a ruined career worth?”

Arar’s civil suit against the U.S. government is now before an appeals court, after a trial judge refused to hear the case, citing “national security.”

Offical news release and apology by Canada to Maher Arar

This is an offical government news release. Straight from the horse's mouth or perhaps the donkey's ass.


Prime Minister Stephen Harper today released the letter of apology he has sent to Maher Arar and his family for any role Canadian officials may have played in what happened to Mr. Arar, Monia Mazigh and their family in 2002 and 2003.

"Although the events leading up to this terrible ordeal happened under the previous government, our Government will do everything in its power to ensure that the issues raised by Commissioner O'Connor are addressed," said the Prime Minister. "I sincerely hope that these actions will help Mr. Arar and his family begin a new and hopeful chapter in their lives."

Canada's New Government has accepted all 23 recommendations made in Commissioner O'Connor's first report, and has already begun acting upon them. The Government has sent letters to both the Syrian and the U.S. governments formally objecting to the treatment of Mr. Arar. Ministers Day and MacKay have also expressed Canada's concerns on this important issue to their American counterparts. Finally, Canada has removed Mr. Arar from Canadian lookout lists, and requested that the United States amend its own records accordingly.

The Prime Minister also announced that Canada's New Government has successfully completed the mediation process with Mr. Arar, fulfilling another one of Commissioner O'Connor's recommendations. This settlement, mutually agreed upon by all parties, ensures that Mr. Arar and his family will obtain fair compensation, in the amount of $10.5 million, plus legal costs, for the ordeal they have suffered.

The text of the Prime Minister's letter to Maher Arar is attached.

* * * *

Dear Mr. Arar:

On behalf of the Government of Canada, I wish to apologize to you, Monia Mazigh and your family for any role Canadian officials may have played in the terrible ordeal that all of you experienced in 2002 and 2003.

Although these events occurred under the last government, please rest assured that this government will do everything in its power to ensure that the issues raised by Commissioner O'Connor are addressed.

I trust that, having arrived at a negotiated settlement, we have ensured that fair compensation will be paid to you and your family. I sincerely hope that these words and actions will assist you and your family in your efforts to begin a new and hopeful chapter in your lives.

Yours sincerely,

Harper apologizes to Arar--and his family

I just finished watching Harper on CBC TV. Much as I am opposed to many of his policies I must admit that I thought he did an excellent job. He was calm but forthright in stating his opposition to the US position and backed up what Stockwell Day had said without the slightest hesitation. He defended Day's actions as an attempt to right a wrong against a Canadian citizen, a position that is eminently reasonable.


Harper apologizes to Arar
Last Updated: Friday, January 26, 2007 | 12:40 PM ET
CBC News
Prime Minister Stephen Harper offered a formal apology Friday to Maher Arar and his family for their suffering after Arar was detained in the U.S. and deported to Syria, where he was jailed and tortured for nearly a year.

Harper, who made the announcement in the foyer of the House of Commons in Ottawa, said the apology is an acknowledgement of the role that Canada may have played in the U.S. decision to deport Arar to Syria.

"I sincerely that these words and action will help you and family begin a new chapter in your lives," he said.

The compensation package negotiated by Arar was reported to be about $12 million, $2 million of which was intended to cover Arar's legal fees.

Harper said Canada has sent letters to U.S. and Syrian governments to object to the treatment of Arar.

Arar, a Canadian citizen born in Syria, had originally sought $37 million in compensation and an official government apology.



Arar, who now lives in Kamloops, B.C., is in Ottawa on Friday and plans to speak to the media after Harper's announcement.

In 2002, the engineer was living in Ottawa and coming back from a vacation when he was arrested during a stopover at New York's JFK Airport. U.S. authorities deported him to Syria, where he was tortured.

Ottawa set up a judicial inquiry into the case led by Justice Dennis O'Connor after Arar returned to Canada more than a year later.

More to come

EU report suggests that Arar deserves apology and compensation from member states

Italy was a stopover point on Arar's rendition to Syria. What a contrast this is to the US that continues to keep Arar on a no-fly list. Sen. Leahy really needs to have hearings on rendition to remove the cover of GOnzales and CHertoff who are hiding their mistakes under the protection of national security.

EU Report Recommends Apology for Arar
Josh Pringle
Thursday, January 25, 2007

A new European Union report will be tabled today suggesting Maher Arar deserves an apology and compensation from member states.

The Globe and Mail reports the European Parliament will vote on the report next month.

The report adds Italy should be held to account for allowing the United States to use Rome as a stopover base for the US flight that took Arar to Syria.


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Canadian government and Arar reach a settlement

THis is great news for Arar and his family. I thought it would take much longer. In contrast Arar's US suit was thrown out and is at the appeal stage. I expect it will get nowhere because of "security resons". There really needs to be a US investigation that forces Gonzales, Chertoff and others to explain themselves.




Ottawa reaches settlement with Arar
Last Updated: Thursday, January 25, 2007 | 10:31 PM ET
CBC News
The federal government has reached a settlement with Maher Arar, who had been seeking compensation for Canada's role in a U.S. decision to deport him to Syria, where he was jailed and tortured, CBC News has learned.

Prime Minister Stephen Harper is scheduled to make an announcement about it on Friday.

Maher Arar, shown in September, had originally sought millions in compensation and a government apology.
(CBC) Arar, a Canadian citizen born in Syria, had originally sought millions in compensation and a government apology. While no financial terms were disclosed, the prime minister has said in the past that any Arar apology would accompany a settlement.

Arar, who now lives in Kamloops, B.C., will be in Ottawa on Friday and plans to speak to the media after Harper's announcement.

In 2002, the engineer was living in Ottawa and coming back from a vacation when he arrested during a stopover at New York's JFK Airport.

U.S. authorities deported him to Syria, where he was tortured.

Continue Article

Ottawa set up a judicial inquiry into the case led by Justice Dennis O'Connor after Arar returned to Canada more than a year later.

O'Connor released his report in September 2006, concluding that Arar had no links to terrorist organizations or militants. He also concluded the RCMP had given misleading information to U.S. authorities, which may have been the reason he was sent to Syria.

Arar received a unanimous apology from the House of Commons after the report's release. However, the Conservative government later drew a distinction between a parliamentary apology and an official government apology, calling it the former.

At the time, the prime minister acknowledged that Arar had suffered a "tremendous injustice," but noted that Arar had launched legal proceedings against the government. Arar added that he was awaiting discussions with lawyers to reach a result that would satisfy Arar.

Earlier this week, U.S. Ambassador David Wilkins criticized Ottawa's efforts to have Arar removed from a United States security watch list, saying Washington alone will decide who to let into the country.

Speaking in Edmonton after meeting with new Alberta Premier Ed Stelmach, Wilkins warned Public Safety Minister Stockwell Day to back off because a U.S. review determined Arar should remain on the watch list.

"It's a little presumptuous for him [Day] to say who the United States can and cannot allow into our country," Wilkins told reporters Wednesday.

The ambassador reiterated that the U.S. found its own reasons to keep Arar on the watch list.

Day said in a visit last week to Washington that he has seen the information and found nothing new to suggest Arar is a safety risk.