A group of lawyers is racing against the clock to get Canadian children and their foreign-born mothers onto a plane that will soon be dispatched to repatriate detainees from prison camps in northeast Syria.
According to lawyers on the case, the repatriation flight is "imminent" and could arrive within a few short weeks if not days. In November, Global Affairs Canada agreed to bring home 26 Canadian women and children.
But the agreement excludes four women married to Canadian men with ISIS ties who are missing or may have been killed. Between them, the foreign-born mothers have eight children.
The fate of four Canadian men imprisoned in Syria also remain in limbo, as the federal government appeals a court order to repatriate them.
Asiya Hirji, an immigration lawyer with the Downtown Legal Clinic in Toronto says Canada recognized the citizenship claims of the children of Canadian fathers, but not the women they married. It was a decision that would "maroon the mothers in northeast Syria, while the children would be brought to Canada alone."
WOMEN SAY THEY'RE NOT ISIS BRIDES
Hirji has filed applications for urgent temporary resident permits on behalf of the two women; "Asiya" and "Zahra." 麻豆影视 is using pseudonyms, because identifying the mothers could put them at risk. The two families are detained at the open air Al-Roj camp where Islamic State members are still capable of exerting violence.
Hirji says her clients have children with high medical needs, and separating them from their mothers would add to their suffering.
"The children are completely innocent and they need their parents - especially the sole parent who has been raising them alone for the past four years," said Hirji.
Asiya, a mother of three, previously told 麻豆影视 she was married to a man born in Ottawa. She says her husband, a religious scholar, travelled to Syria to study the Islamic State but was imprisoned by Kurdish forces in 2019, after ISIS fell. Her eldest son has severe autism, is non-verbal, and suffers from epileptic seizures. Her middle child has severe burns to 10% of his body. It is painful for him to put on clothes.
Hirji says her second client Zahra is a victim of human trafficking who was lured to Syria. Her children are undernourished and have intestinal parasites. One child has an eye condition that, if left untreated, could result in blindness.
In a statement through her lawyer, Zahra said Canada wants to take away the only "stable thing" her children have ever known.
"Their repatriation is meant to give them the chance at a real life, not to break their home," she said.
"CATASTROPHIC" IMPACT TO CHILDREN
As part of the families' urgent immigration applications, Hirji submitted an analysis of the childrens' medical reports by doctors in Canada.
Dr. Phillip Berger with the University of Toronto Faculty of Medicine, was one of the physicians who reviewed the reports. In 2020 he was awarded the Order of Canada for his advocacy of disadvantaged communities. In Berger's assessment, separating children from their mothers would be "catastrophic to their physical and mental development."
"You don't have to be a doctor to know that it would be cruel and heartless to separate such young and seriously ill children from their parents. They have shown unyielding fidelity to the care of their kids and have not abandoned them for any cause in the northern Syria area," Berger said.
"What's terrible about this case is the government's failure to act."
PUSH BACK AGAINST THE VICTIM NARRATIVE
While there is widespread support to repatriate the children, some terrorism experts are cautioning against bringing back their non-Canadian mothers.
Kyle Matthews, the executive director for the Montreal Insittute for Genocide and Human Rights Studies, says there is nothing in international law that says the government must bring back suspected extremists who are not Canadian.
"The children are innocent victims, but what responsibility does Canada have to non-Canadians," asks Matthews. "I think the answer is - we don't have a responsibility."
Phil Gurksi of Borealis Threat and Risk Analysis is pushing back on a narrative he says is painting Islamic State members as victims.
"We are talking about people who joined a terrorist group that killed and maimed tens of thousands of people鈥� Some are suffering in places like Al-Hol (detention camp) - but they're not suffering randomly. They're suffering because they made a conscious decision to join a terrorist group, " Gurksi said.
While Gurski says it will be difficult for Canadian authorities to find evidence to lay charges for crimes committed in a foreign conflict zone, lawyer Hirji points out her clients haven't been charged with any crime, nor does a legal system exist in Al-Roj camp.
She says the temporary applications that have been submitted for the mothers will enable authorities to investigate the women, if necessary, and allow them to care for their children.
"If there are security concerns, they can be brought here and subjected to strict limitations. Investigations can take place in Canada - they can be placed under house arrest鈥� meanwhile the temporary resident applications we've submitted allows the children time to transition to life in Canada," Hirji said.
Both the foreign affairs minister and immigration minister have deflected when asked why Canada would consider separating women and children in these cases. But what is clear is that the window for repatriation is quickly approaching. If the non-Canadian women aren't on the flight - there is fear another opportunity may not present itself again.
