RCMP interviewing Canadians held in detention camps in Syria: sources

'We were obviously disappointed': Greenspon Lawyer Lawrence Greenspon, who represents three of the four suspected ISIS fighters, reacts to the Federal Court of Appeal's decision.

CTV News has learned RCMP officers are currently in northeast Syria, attempting to interview Canadians held in the Al-Roj detention camp ahead of their repatriation to Canada.

The three Mounties have so far sought interviews with only Canadian women.

In January, Global Affairs Canada agreed to repatriate seven Canadian women and 19 children but did not disclose their timeline. Most of them have been detained in camps described as open air prisons for nearly four years. The region has been controlled by Kurdish forces after they toppled ISIS militants in March 2019.

According to sources, RCMP are warning the women that they could face terrorism-related charges upon their return to Canada. Their interviews would be videotaped and used in future court cases.

One B.C. woman who was repatriated last year is monitored through a terrorism bond, while a Montreal woman who was brought back at the same time is out on bail, after being charged with terrorism offences.

Pre-dawn phone call from Syria

Ottawa lawyer Lawrence Greenspon received a call around 4:30 a.m. Wednesday from one of the women detained at Al-Roj camp. Greenspon says his client had concerns that she and her children would be blocked from returning to Canada if she didn’t participate in an interview. Greenspon advised her not to speak to investigators.

"As my ex-mother-in-law would say—no good can come of this. That would be consistent with answering any questions from the RCMP in these circumstances."

Greenspon says according to the repatriation agreement struck with Global Affairs, both the women and children are to be brought home "regardless if they speak to the RCMP or not."

Alexandra Bain with the organization Families Against Violent Extremism (FAVE) says three other women also declined to speak with the RCMP Wednesday.

"They told the RCMP they were delighted to see Canadians and that they were very kind but would only speak to them when they returned home to Canada with their lawyers present," said Bain.

Bain has been advocating for the release of Canadian detainees for several years. She has connected the men and women with lawyers and community organizations willing to help the detainees re-integrate into society upon their release.

This week, calls by human rights advocates to repatriate all its citizens were bolstered by an open-letter from the International Civil Liberties Monitoring Group, signed by more than 100 legal experts including former Justice Minister and Attorney General Allan Rock.

Will foreign mothers of Canadian children be repatriated?

RCMP declined to answer a CTV News inquiry about the status of four foreign-born mothers of Canadian children who are also detained at Al-Roj camp.

The women’s husbands are Canadians who are missing or who may have died during the Syrian civil war. Global Affairs has agreed to bring back their children, but only if the mothers agree to relinquish their guardianship. CTV News has reported on two cases involving women with children who suffer from severe medical issues.

"It’s a Solomonic choice," said Bain, who is spearheading an effort to get the foreign mothers temporary resident permits so they can get on a plane with their kids to Canada. She says Global Affairs has put these women and their children in a "terribly cruel position."

"These moms have been with their kids their whole lives. Their mothers have managed to keep them alive in an apocalyptic, horrific camp."

No Charter 'right of return'

On Monday the Trudeau government’s appeal of a court ruling ordering the repatriation of four Canadian men in prisons in northeast Syria was heard at the Federal Court of Appeal.

Lawyers representing the government argued the Charter doesn’t guarantee a "right of return."

"The right to enter Canada is meaningless unless it has with it a right of return," said Greenspon who made arguments before a panel of three appellate judges.

He says that the Government of Canada has been asked by the Kurdish authority—the Automonomous Administration of North and East Syria (AAMES)—to bring nationals home.

"We say the government has a duty to act," said Greenspon.

The government suspects the men of having ties to the Islamic State, but did not present any evidence in court.

In his initial ruling in January, Federal Court Justice Henry Brown previously said "there’s no evidence identifying why any of the applicants went to Syria and Iraq and there’s no evidence before this court of what they may have done there."

Bain watched the appeal over Zoom. She says federal lawyers took up a large portion of time during the appeal to argue that traveling to the region was too dangerous.

"The government said they weren’t able to get Canadians in—yet two days later the RCMP is on the ground," Bain points out.