Holding Canadian Foreign Fighters Accountable
The Troubled Homecoming: Seeking Accountability Against Canadian Foreign Fighters Returning Home from Abroad analyzes the criminal and civil law remedies available to governments and private parties to hold returning foreign fighters accountable for atrocity crimes and human rights abuses committed abroad. The paper identifies gaps in law and policy that Canadian lawmakers should consider addressing to ensure that Canadians who commit serious crimes abroad do not enjoy impunity when they return to this country.
The paper was authored by Sarah Teich and David Matas and published in March 2022 as a joint publication of the Canadian Coalition Against Terror (C-CAT, now Secure Canada) and the Macdonald-Laurier Institute.
The Islamic State drew at least 40,000 foreign fighters to its territory. An estimated 180 came from Canada, and approximately 60 have already returned.
There are four broad avenues under which returning foreign fighters may be held accountable in Canada: criminal prosecution by the state upon their return, private criminal prosecutions, public civil remedies, and private civil remedies. The paper assesses each of the four categories and identifies areas for improvement.
From Research to Reform
The paper is the foundation of this project, not the end of it. Secure Canada is actively working to turn its recommendations into law and policy: engaging parliamentarians and government officials, raising these reforms in briefings and committee submissions, and working alongside victims and allied organizations to press for the legislative changes outlined below. This work builds on our track record of moving ideas into law, including the Justice for Victims of Terrorism Act and the listing of the IRGC as a terrorist entity.