Montreal man detained in Sudan gets day in court with lawsuit against Ottawa

Fifteen years after suing the Canadian government over his detention in Sudan, Abousfian Abdelrazik is finally getting his day in court.

A civil trial, scheduled to last eight weeks, begins today in Federal Court, revisiting events from two decades ago, set against the post-9/11 climate of heightened vigilance against extremism.

Abdelrazik is seeking $27 million in damages, alleging that Ottawa facilitated his arbitrary detention, encouraged Sudanese authorities to hold him, and obstructed his return to Canada for years. The lawsuit, initially filed in 2009 and updated in 2017, also names Lawrence Cannon, Canada’s foreign affairs minister from 2008 to 2011.

Now 62, Abdelrazik denies any involvement in terrorism, a topic he was questioned about during his ordeal. He arrived in Canada as a refugee in 1990, became a citizen five years later, and now resides in Montreal.

His troubles began in 2003 when he traveled to Sudan to visit his sick mother. While there, he was arrested and later interrogated by the Canadian Security Intelligence Service (CSIS) over alleged extremist links. Abdelrazik claims he was tortured by Sudanese intelligence during two separate detentions.

In 2009, he returned to Canada after the Federal Court ruled that the government had violated his constitutional rights by denying him an emergency passport.

Government lawyers deny any wrongdoing, arguing that Ottawa did not breach its duty of care to Abdelrazik, nor did it contribute to his alleged false imprisonment, torture, or mistreatment.

The trial, initially set for 2018, was postponed to allow time for reviewing emails, memos, and other records under the Canada Evidence Act.

"It is shameful that this case took 15 years to reach trial, with the Canadian government doing everything possible to delay and derail it," said Paul Champ, Abdelrazik's lawyer.

Several prominent figures are expected to testify, including Cannon; Maxime Bernier, his predecessor as foreign minister; former national security adviser Margaret Bloodworth; outgoing CSIS director David Vigneault; and former senator Mobina Jaffer.

Recently, Federal Court Justice Patrick Gleeson dismissed the government’s attempt to hold parts of the trial behind closed doors to protect sensitive information. The Crown had sought to exclude the public and media during testimony from current and former security officials.

Champ contends that evidence strongly indicates CSIS collaborated with the U.S. Central Intelligence Agency to orchestrate Abdelrazik’s arrest by Sudanese authorities.

In its amended defence, the government argues that CSIS had reasonable grounds to believe Abdelrazik "posed a threat to Canada’s security due to suspected connections to international terrorism" but denies sharing intelligence about him with Sudan before his arrest.

One disclosed document—a classified memo from July 2006 to then-clerk of the Privy Council, Kevin Lynch—warns that given U.S. interest in Abdelrazik’s whereabouts, Canada needed to show Washington it was treating the case seriously.

Champ describes the situation as a stark reminder of how intelligence agencies can ruin lives and violate freedoms with impunity.

"Mr. Abdelrazik’s case should concern every Canadian because it underscores the need for courts to firmly condemn government actions that trample on the rights and freedoms of a citizen based solely on suspicion," Champ said.