The Canadian government is appealing a January federal court order to repatriate four Canadian men held in Syria on suspected ties to the Islamic State, according to a notice of appeal filed on Friday.
The government argues the court erred in, among other things, finding the government has a positive obligation to take steps to facilitate the detained Canadians' return to Canada.
"The federal court "has effectively created a right to be returned," the government's notice of appeal reads.
A Jan. 20 federal court decision ordered Canada to provide travel documents, request the men's repatriation and appoint someone to accept their handover.
The four men, who have not been charged with crimes, are held in camps because they are believed to have travelled to the region to fight for or assist the Islamic State of Iraq and Syria (ISIS), or Daesh, according to the January ruling.
The Canadian government has listed ISIS as a terrorist group.
The federal court ruling found conditions in the camp where the men are held to be "dire," with crowded and unsanitary conditions and inadequate food and medical attention, in conditions that would violate international treaties to which Canada has assented.
It cited a right in Canada's Charter of Rights and Freedoms for citizens to enter and re-enter the country, although it rejected the government's submission that they had to prove it had already been violated.
In June, the United Nations’ Special Rapporteur on the promotion and protection of human rights and fundamental freedoms said Canada's repatriation of its citizens was "the only international law-compliant response," according to the ruling.
Canada is requesting the order be stayed until the appeal is heard.
(Reporting by Anna Mehler Paperny)
