Usable evidence of ISIS crimes hinders Canada’s pursuit of justice

ERBIL, Kurdistan Region — Bringing Canadian nationals accused of joining and fighting alongside the Islamic State (ISIS) to justice is proving "difficult" as Canadian prosecutors face huge hurdles in collecting "usable evidence" against around a dozen men and women detained in Syria, a senior law enforcement official said.

"The issue is in part working with our allies to make sure that we are collecting the maximum amount of usable evidence that can be practically available and usable in a Canadian court system to lay charges, to prosecute. That's difficult..." said Deputy Commissioner Gilles Michaud, the head of the Royal Canadian Mounted Police's (RCMP) federal policing branch on Wednesday.


Michaud highlighted that the main problem with suspected ISIS members is ensuring a trail of justice between their actions in the Middle East and the Canadian legal system.

He was responding to questions to journalists including those from Global News Canada. 

At least 12 Canadian nationals are known to be held by Syrian Democratic Forces (SDF).

He noted that the evidence would be coming from a battlefield that is "half a world away," but international allies long have discussed the issue of evidence at various meetings and conferences.

"This is a dangerous and largely dysfunctional part of the world and we do not intend to endanger the lives of our consular or diplomatic officials," added Michaud.

US President Donald Trump called on countries in the international anti-ISIS coalition to repatriate their nationals, amid a massive US troop withdrawal from northeast Syria. The SDF has said foreign fighters should face justice in their home countries. 

"The Canadian share of that problem is relatively small, certainly smaller than most other countries involved," said Michaud.



The bulk of foreign ISIS suspects come from Russia, Europe, and the Caucuses. 

"My abiding concern is always public safety and national security. And I want to make sure that those two imperatives are properly delivered on behalf of Canadians," Michaud said. 

Those who joined ISIS need to "assume responsibility" for their behaviour, he underscored.

"In the case of North America [they were] abandoning the comfortable confines of free and open democracies to go half way around the world to engage with terrorist organizations..." Michaud said.

He called the behavior of alleged ISIS members who parented children in the so-called caliphate, "absolutely appalling and reprehensible."

However Ottawa will do what it can to "protect the innocent."

Alleged Canadian ISIS fighter Mohammed Abdullah Mohammed, who is held by the SDF, has appealed for his government to provide assistance. 

SDF holds 800 alleged ISIS militants and 4,000 of their family members.

“Daesh from all over the world has gathered in Syria, out of the 800 fighters there were nationalities of 47 countries,” Ilham Ahmed, the co-chair of the Syrian Democratic Council (SDC) that is the SDF's political wing said last week.