GOVERNMENT OF CANADA POLICY FRAMEWORK TO EVALUATE THE PROVISION OF

EXTRAORDINARY ASSISTANCE:
CONSULAR CASES IN NORTH-EASTERN SYRIA

Effective date: January 2021

BACKGROUND:

Since 2011, the conflict in Syria and Iraq has attracted a high volume of extremists from
countries around the world, including Canada. These individuals left their homes to join the
Islamic State (also known as Daesh), a listed terrorist entity under section 83.05(1) of the
Criminal Code. Since the decline of the so-called Islamic State Caliphate in 2017, many of
these individuals have been killed in Syria or Iraq. Some were taken into custody by the
Kurdish Autonomous Administration of North and East Syria (herein referred to as Kurdish
authorities or AANES), a non-state actor with de facto control over parts of north-eastern
Syria, and others remain at large. The Government of Canada is aware of Canadian adults
and children with confirmed Canadian citizenship or a potential claim to Canadian
citizenship in AANES detention in north-eastern Syria.

The government took measures as early as 2011 to protect its personnel and to advise
Canadian citizens to avoid travel to Syria and to depart the country. In 2012, Canada closed
its embassy in Damascus and further updated its travel advisory for Syria to reflect the
closure of the Embassy and to advise Canadians that, due to the lack of a physical presence
ty to provide consular and other support throughout Syria is very
limited. In addition to not having any diplomatic presence, Canada does not have a military
presence in Syria.

PURPOSE

This document sets out a principles-based framework to guide the

decision-making regarding the potential extension of extraordinary assistance, on a case-by-
case basis, to Canadian citizens and those who may have a claim to Canadian citizenship
who are currently in detention in north-eastern Syria.

ISSUE

Public Safety Canada and the Public Safety Portfolio- National Security Considerations

Protecting Canada from the threat of terrorism is a critical priority for the Government of
Canada. One of the terrorist threats facing Canada emanates from Canadian Extremist
Travellers (CETs). CETs are Canadian citizens, permanent residents of Canada or individuals
with a valid Canadian visa, who are suspected of having travelled abroad to engage in
terrorism-related activities.1 These activities include: participating in armed combat,
financing or fundraising, radicalizing, recruiting, producing media or propaganda and other
activities that could be terrorism offences, as defined in the Criminal Code. In general, due

1 Mitigating the Threat Posed by Canadian Extremist Travelers

to the training and operational experience they may have acquired while abroad and the
unique conflict environments to which they have been exposed in different regions, CETs
could pose a serious threat to national security and public safety if they were to return to
Canada.

The Government of Canada has no positive obligation under domestic or international law
to provide consular assistance, including repatriation. Global Affairs Canada (GAC) officials
may
ative over
international relations.

GAC aims to deliver consular services in a consistent, fair and non-discriminatory manner.
There are limits to the assistance that can be provided which are outlined in the Canadian
Consular Services Charter. For
safety and security abroad, or take
an individual into custody. In certain locations, such as countries without permanent
consular staff or wit
consular services could be severely limited. This is currently the case in Syria.

are located in

have restricted access to consular officials by virtue of their detention, and are therefore
reliant upon Kurdish authorities and non-governmental organizations (NGOs) operating
in the region for assistance;
GUIDING DECISION-MAKING: THE ASSESSMENT PROCESS

The decision to extend extraordinary assistance to Canadian citizens and presumed

Canadians in north-eastern Syria will be made on a case-by-case basis, following a detailed
case-specific evaluation.

Specifically, the Government of Canada will consider providing extraordinary assistance only
where the circumstances of the individual meet one or more of the following threshold
criteria:

1) The individual is a child who is unaccompanied;

2) Extraordinary circumstances make it necessary for a child who is accompanied to be
separated from their parent(s) leaving the child in a de facto unaccompanied state;
and/or
3) The Government of Canada has received credible information indicating that the
significantly since the adoption of this Policy
Framework.
In the normal course of their duties, Canadian officials may be made aware of information
related to the specific circumstances of an individual detained in north-eastern Syria.
Officials reach out to local authorities and organizations operating in the region to attempt
to verify and seek additional information, and to request assistance on behalf of the
affected individual as may be appropriate. Officials actively monitor the individual cases,
review all information and seek to confirm and understand the significance of the available
information.

GUIDING PRINCIPLES

If one or more of the threshold criteria are determined to have been met, the Government
of Canada will assess whether to extend extraordinary assistance to the individual,
considering the following guiding principles:

A. Unaccompanied children will be prioritized;

B. Children will not be separated from their parents, except in extraordinary

circumstances;

C. ;

D. Canadian government officials

E. Canadian government actions must not worsen the situation of the individual; and
F. The threat to public safety and national security, if any, posed by the individual during
transit and on arrival in Canada can be mitigated.
Each of these six principles would be assessed, based on available information, by
appropriate subject matter experts within the Government of Canada identified below in
accordance with their respective mandates and authorities.

A. Unaccompanied children will be prioritized.

Lead department: Global Affairs Canada

Priority will be given to unaccompanied children, defined as those children whose parents
or legal guardian(s) are deceased, unable or unavailable to provide them with care and/or
make decisions on their behalf. Unaccompanied children do not have a legal guardian to
make important decisions on their behalf and Kurdish authorities do not have a formal child
protection agency to provide support to unaccompanied children. Under this principle, the
provision of extraordinary assistance is guided by the best interests of the child.

To assess this principle, GAC officials would engage with Kurdish authorities and
organizations operating in the region to seek to clarify the situation of the child and
parent(s) in order to ascertain their specific circumstances.
B. Children will not be separated from their parents, except in extraordinary
circumstances.

Lead department: Global Affairs Canada

Consular officials will not proactively separate children detained in north-eastern Syria from
their parents, unless exceptional circumstances arise (e.g., life-threatening medical
emergency involving the child). GAC officials will evaluate requests for assistance from
parents for their child(ren), even when it means the parents would remain in detention, on
a case-by-case basis, guided by the best interests of the child and considering the primacy of
parental consent.

To assess this principle, GAC would engage with Kurdish authorities and organizations
operating in the region to seek to clarify the situation of the child(ren) and parent(s) in order
to ascertain their specific circumstances. GAC would also consult relevant subject matter
experts, such as provincial child protection services, to determine if separating the child
from their parent(s) is in the best interest of the child.

C.

Lead department: Immigration, Refugees and Citizenship Canada

Before extending extraordinary assistance, government officials must be satisfied that the
individual to whom they are considering providing assistance is a Canadian citizen and is
who they claim to be. In the context of this Framework, many of the detained children were
born in Syria and do not possess the documents normally required by Immigration,
Refugees and Citizenship Canada (IRCC) to establish their identity and claim to Canadian
citizenship (i.e., an official birth certificate and identity documents such as a passport or
other acceptable identity document).

To assess this principle, IRCC may rely on a variety of methods, including documentary
evidence (e.g., photos, affidavits, etc.) and DNA testing to prove parentage. In cases where
these methods are not feasible or in the context of extraordinary circumstances (e.g., life or
death medical condition, orphan or unaccompanied child), IRCC may still consider the
issuance of a travel document to enable the repatriation of the child to Canada. In such
cases, a formal determination on citizenship would be completed following
arrival in Canada.

D. .

Lead department: Global Affairs Canada

As an employer, the Government of Canada will assess risks to the safety and security of its
employees in the conduct of their professional responsibilities. The Government will not
provide extraordinary assistance where the needed action would entail unacceptable risks
for government employees.
To assess this principle, GAC would collaborate with other subject matter experts in
assessing whether Canadian government officials could safely travel to north-eastern Syria.
This would include an assessment of the situation at the time against relevant legislation
and legal frameworks, established policies, up-to-date threat assessments for north-eastern
Syria and surrounding areas, as well as operational protocols and guidelines. This would also
include an assessment of the potential threat posed by the individual to the safety of
Canadian officials, which would be informed by assessments conducted under principle F
described below.

E. Canadian government actions must not worsen the situation of the individual.

Lead department: Global Affairs Canada

The Government of Canada will ensure that any proactive actions taken with the intention
of assisting a Canadian in the custody of Kurdish authorities do not worsen the personal
security of the individual in question, or that of their child(ren). There are a number of
personal safety related considerations over which the Government of Canada may have no
influence, such as the treatment of individuals who have been accused or suspected of
affiliation with the Islamic State in Syria, in neighbouring countries or in transit countries.
These individuals could be at risk of torture and other forms of mistreatment and could face
the death penalty in neighbouring countries due to their alleged link to terrorist entities.
Outside of the custody of local authorities, these individuals could also face vigilante-like
violence from local populations in north-eastern Syria and Iraq who suffered atrocities at
the hands of the Islamic State.

To assess this principle, GAC would undertake a careful assessment of the possible

could have for the individual. This would include an assessment of the risks currently faced
by the individual as a result of their detention.

F. The threat to public safety and national security, if any, posed by the individual during
transit and on arrival in Canada can be mitigated.

Lead department: Public Safety Canada Portfolio (specifically the Canadian Security
Intelligence Service and the Royal Canadian Mounted Police)

by assessing
and mitigating threats to public safety posed by Canadians in the custody of Kurdish
authorities, both in transit and upon return to Canada.

To assess this principle, the Royal Canadian Mounted Police (RCMP) and the Canadian
Security Intelligence Service (CSIS) would assess the potential threat that an individual may

association with terrorist activity, and whether the risk of their return to Canada can be
sufficiently mitigated in transit and upon arrival.
MINISTERIAL DECISIONS

Once the assessments against the six principles are completed, Government of Canada
officials would review the findings and would consider whether to recommend the provision
of extraordinary assistance for the approval of the Minister of Foreign Affairs and the
Minister of Public Safety.

Ministerial decisions are required at two separate stages before extraordinary assistance
may be extended to an individual:

Ministerial Decision 1: approval to extend extraordinary assistance in principle,

pending development of a concept of operations (CONOPS) outlining the logistical
specifics of how that assistance could actually be extended.

Ministerial Decision 2: approval of a final CONOPS.

In the cases of adults and accompanied children, the ultimate decision-making authority for
both ministerial decisions lies with the Minister of Foreign Affairs and the Minister of Public
Safety. In the case of unaccompanied minors, where CSIS and/or the RCMP assess that the
minor does not pose a threat to public safety and national security, decision-making
authority rests with the Minister of Foreign Affairs in collaboration with other implicated
ministers.

Operational support by the CAF may be requested and must be approved by the Minister of
National Defence, through appropriate authorization mechanisms.