The Canadian government says a federal judge misinterpreted the Charter of Rights and Freedoms in directing officials to secure the release of four men from detention in northeastern Syria.
Government lawyers are set to stress that point in the Federal Court of Appeal today as they seek to overturn a January ruling by Federal Court Justice Henry Brown.
Federal lawyers argue Brown's "novel and expansive" approach overshoots the text, purpose and protected interests of the Charter right to enter, and is inconsistent with established domestic and international law. The four men include Jack Letts, whose parents John Letts and Sally Lane have waged a vigorous campaign to pressure Ottawa to come to his aid.
"Justice Brown's decision is comprehensive and correct in law," Greenspon's written submission to the Court of Appeal says. The government insisted that the Charter does not obligate Ottawa to repatriate the Canadians held in Syria.
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