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Justice committee I don't think it's going to happen, but if this were my personal decision, I think prosecutions should happen in Canada. If there is going to be a trial, I think it should happen in Canada, rather than Canada extraditing to other countries where there might be torture or long imp
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee There are many countries that Canada has extradition treaties with, and they don't extradite to Canada. France, for example, does not allow its citizens to be extradited to Canada. Rather, it holds the trial in France for them. Why can France do that whereas Canada does not? Fran
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee Yes. The first recommendation was that the requesting state's evidence should not be presumed to be reliable. With the current system, all the requesting state has to do is a summary of the evidence. They don't have to disclose the evidence. In Hassan's case, they didn't even h
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee In Hassan's case, he was extradited in November 2014. He was in prison in France until January 2018. During all this period, the investigative judge was still investigating the case. In January 2018, he said that he was not going to order a trial and Hassan was released. It took
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee I think that the threshold for assurance is very low. The state would only have to say that it is going to take the case to trial. In Hassan's case, his lawyer argued in front of the court of appeal that France was not ready for trial and that it was still investigating the cas
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee In France, there has been this back and forth between different investigative judges. Hassan was ordered to be released on bail seven different times, I think, but the court of appeal would quash it every time even though different judges would order his release. For his release
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee Yes. I do want to mention, if I can have 30 seconds, that Hassan was extradited on the basis of handwriting. It's not just because I'm his spouse, but I'm still shocked that this happened based on five words. Imagine that in this age we would say we can identify a person based
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee Yes, I agree, because in our experiences, as well, in other extradition cases, generally speaking the Attorney General is not going to take a difficult decision and have a conflict with other countries. However, if judges were to take this decision, we feel the Attorney General c
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee Thank you. There is this assumption that the justice systems in all countries that have extradition treaties with Canada are fair and are fair for all of the people, regardless of their gender, race, ethnicity and so on. However, this is often not the case. If we look at Muslims
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee This issue has been debated in Hassan's case. The Department of Justice currently says that, no, they are not entitled to disclosure of the evidence that is with Canada. For example, there was a fingerprint analysis that was done in Hassan's case, comparing his fingerprints to fi
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee Yes, it was done in Canada. It was the Department of Justice that asked France to send the material that it had so they could do the fingerprints in Canada. The RCMP did the fingerprints here. Yes, the Department of Justice had this evidence.
February 6th, 2023Committee meeting
Rania Tfaily
Justice committee Thank you for inviting me to appear as a witness regarding your study of extradition law reform. As you may know, my spouse, Hassan Diab, was extradited to France in 2014. I have brief remarks based on our experiences. While there is concern in our legal system about the issue o
February 6th, 2023Committee meeting
Rania Tfaily