Return and Lawsuits Against The Federal Government
On June 18, 2009, Justice Minister Rob Nicholson announced that the Government of Canada would abide by the court's ruling. Nine days later Abdelrazik flew to Canada. In the fall of 2009 he sued the Canadian government for C$24-million, and C$3-million more for Foreign Minister Lawrence Cannon's, “misfeasance in public office.” The Hamilton Spectator states that according to Justice Minister Robert Nicholson, "the Harper government spent more than C$800,000 in legal fees fighting a losing battle to keep Canadian citizen Abousfian Abdelrazik from coming home". Justice department lawyers have claimed Abousfian's lawsuit is meritless because Canadian laws do not apply overseas. The government has characterized the lawsuit as mostly frivolous and vexatious. The government claims that "no such tort has been recognized in Canadian law" that recognizes preventing torture at the hands of others. Abousfian's lawyer stated in response, "I expected the government would approach us about an apology and a settlement, instead they have been entirely unrepentant." The outcome of the case will most likely set several new legal precedents with regards to the Canadian charter of rights. In August 2010 the Federal court granted Abdelrazik the right to sue the federal government. His lawyer Paul Camp stated, "The federal government had sought to block the lawsuit. The government was arguing that individuals could not sue for torture and they were also arguing that there was no legal duty on the Government of Canada to protect Canadians detained abroad." The government has 30 days to appeal the ruling. A government spokesman stated, "...the government is reviewing the decision and reserves comment because of ongoing litigation".
Read more about this topic: Abousfian Abdelrazik
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