Abousfian Abdelrazik, a Canadian citizen, brought proceedings against the Government of Canada and Lawrence Cannon concerning Canada’s involvement in events surrounding his detention in Sudan. During his detention by Sudan’s National Intelligence and Security Service (NISS), Canadian Security Intelligence Service (CSIS) officials sent questions to Sudanese authorities and questioned Abdelrazik while he remained in Sudanese custody. The proceedings raised questions about Canada’s role in his detention and the alleged torture and mistreatment he experienced.

CLAIHR was granted leave to intervene by Justice Gleeson on December 19, 2024, following the examination of witnesses at trial. Its intervention addressed two principal issues.

First, CLAIHR submitted that international law prohibits states from assisting or acquiescing in torture, inhuman treatment and arbitrary detention committed by other states. Drawing on customary international law, the Convention Against Torture, the International Covenant on Civil and Political Rights and the International Law Commission’s Articles on State Responsibility, CLAIHR argued that a state may incur responsibility for complicity in internationally wrongful acts committed abroad where the applicable requirements are met. This responsibility may arise where state officials knowingly provide assistance or acquiesce in mistreatment, including where they receive or rely on information obtained through torture.

Second, CLAIHR submitted that international law should inform the interpretation of sections 7 and 12 of the Charter. It argued that Canada’s participation in the investigative process in Sudan, including CSIS officials’ provision of questions to Sudanese authorities and their questioning of Abdelrazik while he was in custody, was relevant to assessing whether Canadian state action contributed to the alleged deprivation of his liberty, security of the person, and protection against cruel and unusual treatment.

CLAIHR further argued that Canadian officials’ knowledge of Sudan’s record of torture and mistreatment, together with the foreseeable risks associated with Abdelrazik’s detention, was relevant to the Court’s assessment of Canada’s potential complicity. The intervention emphasised that states cannot avoid their international human rights obligations by participating in, or benefiting from, serious violations carried out abroad.

CLAIHR thanks Vibhu Sharma and Henry Off for their work as counsel for the intervener.