Minister of Foreign Affairs and
Minister of the Atlantic Canada Opportunities Agency
Foreign Affairs Canada
125 Sussex Drive
Ottawa, ON, Canada
K1A 0G2
Minister,
Regarding the situation of a nine year-old Canadian citizen being held at the T. Don Hutto Family Detention Center in Texas, I am more than a little concerned about an apparent lack of information available from your ministry on this issue.
The time has long past and the publicity surrounding this issue is sufficient that Foreign Affairs and International Trade Canada should have reported to Parliament and the public some information. At the very least, some indication that your ministry is "on the case" and that some action is being taken to secure the release and removal of the family to Canada.
The circumstances surrounding the case seem to be clear, at least in terms as to how the family came to enter confinement in the United States. The report by Unnati Ghandi in the 2 March, 2007 edition of the Globe and Mail appears to confirm most other accounts of the event.
I am at a loss to understand how passengers on a flight which originated in Georgetown, Guyana and was scheduled directly to Toronto could be detained by US authorities in any case. It would appear from all reports that the only reason the flight diverted to make a landing in the US was to deal with a medical emergency involving one of the other passengers. The remaining passengers on the flight should have been allowed to continue, regardless of their nationality. Although the information is sketchy, there appears to have been no attempt on the part of the family in question to illegally enter the United States. If US authorities felt there was something nefarious about the intentions of the family to enter Canada they could have warned Canadian authorities at Toronto to prepare for the flight's imminent arrival. If the adults of the family had the intention entering Canada by some illegal means, was it not the responsibility of Canadian authorities to assess the situation and take action on Canadian soil?
The Zoom Airlines flight involved was duly registered in Canada. Although my strength in law regarding the international transportation of goods and passengers is limited primarily to ships, I also understand that the basic premise of the protection of goods and passengers under the flag of a conveyance, even aircraft, is not just similar - it is the same. That would suggest that the actions of US authorities in detaining and incarcerating passengers from a Canadian-flagged conveyance which made a US landfall, strictly for humanitarian reasons, and which journey would continue to its Canadian destination, and which passengers did not attempt to illegally enter the United States is a violation of more than one international treaty. At worst, it is the Restraint of Princes. At the least, requiring passengers to undergo "entry" screening when the passengers had no intention to enter the US is a dubious fishing expedition on the part of US authorities.
All that aside, Minister, you have a situation of a naturally-born Canadian citizen being held in a US jail having not committed and legally having been unable to commit any crime which would warrant the type of treatment he is now receiving. This is, after all, a nine year-old child. Stephen Harper himself said this:
The fourth element of our strategy for a stronger Canada is the restoration of an assertive foreign policy that serves Canadian values and interests.I would think that one of the cornerstones of Canadian values is the protection of children, no matter where they are, but especially the protection of children who are citizens of Canada.
I do not expect your ministry to disclose every detail of the action being taken to secure the release of this family, particularly where it might jeopardize the expediting of such a release. I do however, expect that my country is actively pursuing this case and expect to be provided enough information to know that this is happening. You're statement that "consular assistance" is being provided is gratifying only to the extent that you have finally acknowledged the existence of this family and the reality of their condition.
And, if the US government has committed yet another act which violates international law on the head of a Canadian citizen, it is your duty to make that clear.
Canada awaits your reply.
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