In a commentary in the Toronto Star, JD students Anne-Rachelle Boulanger and Tanzeel Hakak, who are both clinic students at the International Human Rights Program, examine the case of Abdoul Abdi, who faces deportation even though he had been under the guardianship of Canadian governments since he was a child ("Canada’s failed commitment to international human rights law in the Abdoul Abdi case," May 28, 2018).
Read the full commentary on the Toronto Star website, or below.
Canada’s failed commitment to international human rights law in the Abdoul Abdi case
By Anne-Rachelle Boulanger and Tanzeel Hakak
May 28, 2018
Standing outside Dorchester Penitentiary, N.B., we are about to meet our client, Abdoul Abdi, for the first time. Abdi, 24, has lived in Canada most of his life, but now faces deportation.
We spent weeks preparing for the meeting, reading through hundreds of government documents detailing Abdi’s life. Born in Saudi Arabia to a Somali mother, he later migrated with his mother and sister to a refugee camp in Djibouti. Returning to Somalia was not an option because of the brutal civil war, which continues to this day. Abdi’s biological mother died in the refugee camp and his aunts assumed custody.
In 2000, when Abdi was 6, the family came to Canada as refugees. A year later, child welfare services apprehended him. He spent the rest of his childhood “in care” in Nova Scotia where he was abused and neglected. Separated from his sister, he was not educated beyond Grade 6. He had 31 different placements.
Though eligible for Canadian citizenship, child welfare services — his only legal guardian — failed to apply on his behalf. Now, after pleading guilty to aggravated assault and serving a five-year federal sentence, Abdi faces the possibility of deportation to Somalia, a country in which he has never set foot.
We began working on Abdi’s case in September 2017 as law students in the University of Toronto’s International Human Rights Program (IHRP). We assisted Benjamin Perryman, Abdi’s lawyer, by researching how international human rights law applies in these types of cases and by drafting a complaint to the United Nations Human Rights Committee as a measure of last-resort.
The deportation proceedings against him, as well as the extensive media coverage of his difficult childhood, and the advocacy of groups, such as Black Lives Matter, have led to a national debate about the gaps in refugee protection. This debate has largely focused on our domestic legal system. Our interaction with the case, however, has highlighted a broader concern about Canada’s commitment to international human rights law.
Abdi’s story isn’t unique. In 2010, IHRP clinic students filed a complaint to the UN Human Rights Committee on a case with a striking resemblance to Abdi’s. Jama Warsame arrived in Canada as a young child, after fleeing Somalia with his family.
After 20 years in Canada, the government issued Warsame a deportation order due to his criminal record. Siding with Warsame, the Human Rights Committee determined that deportation to Somalia would be a violation of Canada’s human rights obligations under the International Covenant on Civil and Political Rights. Though the UN Committee found that Warsame’s deportation would violate his right to freedom from cruel, inhuman or degrading treatment, nevertheless, in 2012, under then-Prime Minister Stephen Harper, Canada deported Warsame.
His case gave us hope that the current government — which purports to be a champion of international human rights law — would respect Canada’s international obligations.
Abdi has never lived in Somalia, does not speak any Somali languages, or have any clan ties or cultural connections. His appearance and demeanour are recognizably Western. He faces grave risks if deported.
At Dorchester Penitentiary, Abdi told us he is remorseful for his crime. A caring father, he wants to give his daughter a better childhood than he had. Abdi does not represent such a serious threat that would justify Canada’s ongoing efforts to deport him to one of the most dangerous countries in the world. This would be a clear violation of international law.
“I would do anything for my daughter to not go through the experience I had growing up,” says Abdi and “I want to be there for her and support her.”
Given the state’s failure of Abdi, this enforced separation is an arbitrary interference with the right to family life, protected under international law.
“I thought I was Canadian like everyone else,” he said. “I had no reason to believe otherwise.”
If he had remained with his aunts, he would have become a citizen when they did. As a Crown ward, however, only child welfare services could apply for his citizenship. The government’s failure to do so is at the crux of this case.
This case represents an opportunity for Canada to commit to a more faithful adherence to international human rights law. We urge Ottawa to do the right thing and allow Abdi to stay.
