Ahmed Ressam's case raised deep concerns in Canada and the United States. This 32-year-old Algerian-born terrorist was able to enter Canada in 1994 with a false passport, claim refugee status, commit numerous crimes, draw welfare benefits, and easily evade deportation by creating a false identity as a Canadian citizen with a Canadian passport.
Although Canada's parliament is currently debating [as of October 2001] new anti-terrorism measures that would give law enforcement broader powers to detain and deport those trying to enter the country illegally, questions remain about how well Canada can protect its borders.
In the following interview excerpts from FRONTLINE's report on the Ressam case, experts evaluate Canada's proposed new immigration and refugee laws, explain how the current laws work, and summarize how things might have been different if Ressam had tried to get into the U.S. as an asylum seeker.
former member of the Canadian Immigration and Refugee Board
... A lot of people are saying that Canada has become a safe haven for terrorists. Do you believe that?
Yes...I think many countries look upon Canada as being a welcoming country for terrorists, war criminals and so on. I don't think it is a deliberate policy on the part of Canada. I think it is the result of a series of shortcomings in the system that enables people to slip across the border through any port of entry, establish a case -- particularly those who wish to make a refugee claim -- and then more or less disappear forever, in some cases, or in some cases until the hearing, or until they are turned down, or until they are accepted. And while they are doing this, they are paid welfare, they're paid housing, they're looked after legally, medically. ...
Let's go through the details in the case of Ahmed Ressam. He comes in through Mirabel Airport. The immigration officer notices that the picture doesn't cover the passport, and says this is clearly a fake passport. You know, when somebody tries to get into Canada with a fake passport, people would normally think that shouldn't be allowed.
I think the practice there, and in most cases where it's obvious falsification, the person would be kept to one side and questioned. Depending on the story that was told, the case might be pursued further or not. If the person concerned claimed refugee status, at that point it would be almost certain that he or she would be released into the public at large; told to submit a claim for refugee status within 30 days; and then be available for a refugee hearing, which might not take place for nine or ten months or even a year and a half because of the backlog.
So basically, if you are caught with a false document, you can simply say, "I claim refugee status because I was persecuted," or "I am in danger of persecution and the only way I can get out of my country is with a false passport." The passport, of course, might not even be of the country of origin or somewhere else, as was the case here. So there is really ... no constraint against a person using false documents. And of the 30,000 refugee claimants arriving in Canada every year, 60 percent of them arriving have either no documents or claim to have no documents or have false documents, and they all stay and they all proceed with their claim. So that it is not a barrier.
Bill Bauer is a former member of the Canadian Immigration and Refugee Board. He believes the Canadian system is exploited by asylum claimants, cites troubling statistics on Canada's asylum processing and says the proposed new asylum and immigration policies are inadequate. Bauer is currently writing a book critical of the immigration process. (Interviewed May 2001)
David Harris is former chief of strategic planning for the Canadian Security Intelligence Service (CSIS). He discusses how Canada's liberal refugee policies make it easy for terrorists to operate there and explains what needs to change, including Canadian attitudes on immigration and diversity. (Interviewed May 2001)
Elinor Caplan is Canada's Minister of Immigration. She talks about how the new immigration legislation will improve Canada's system, but defends many aspects of the old policies. (Interviewed May 2001)
U.S. Congressman Lamar Smith (R-Texas) was the chairman of the House Immigration Subcommittee from 1994 to 2000. In 1996, Smith sponsored extensive immigration reform legislation which increased the powers of the U.S. Immigration and Naturalization Service to detain and deport immigrants. He explains how U.S. immigration and refugee procedures and policies are tougher than Canada's. (Interviewed June 2001)
For people who claim a refugee status - a guy like this - you would think we would have a speedy determination on whether he's a real refugee or not. How long does it take?
The average length of time ... the last I checked,was between nine months and a year. Some cases obviously could be run through more quickly. Others might take [longer]. The main reason it is a cumbersome procedure is because the law and jurisprudence demand certain procedures, certain guarantees. There is an outstanding backlog of 30,000 cases right now, and the whole system can only deal with about ... last year it was about 24,000 cases. ...
So obviously, you are always one year behind, on average, and in more difficult cases where the delaying tactics are used -- which are often the case -- it may run on for two, three years. So it's quite possible for someone to stay in Canada on welfare and with shelter provided for at least three years before a final determination. ...
What does the Ahmed Ressam case tell you about the problems with deportation in Canada?
Very, very few people who are turned down for the refugee claims are actually deported. Some may even leave voluntarily, but we have no way of checking it. We don't control departures. We have no record. Some may actually be deported, but these are usually cases where there is something about the person which presents a threat to Canadian security.
Basically, as I understand it, there are not enough personnel or resources to follow up on rejected refugee claimants and make sure that they leave the country, whether by the formal process of deportation or at their own time. So it's very, very easy for people who go through this whole process for a year or two to simply avoid any consequences at all. ...
When Ahmed Ressam comes in and says, "I was accused of terrorism and arms trafficking," and he says he was innocent ... shouldn't that ring some alarm bells?
The first assumption in what we consider to be a fair system is that you take the word of the claimant. If he says, "I was accused of being involved in arms trafficking," that doesn't carry any weight. What carries weight is his statement that "I was innocent and they were persecuting me. They tortured me," or whatever. The weight of evidence is always his side of it, not what he was accused of....
From the point of view of common sense, does this seem like a good system to you?
It isn't a good system if you look at it from the point of view of detecting criminals and terrorists and war criminals, because obviously, very, very few of these people are going to admit to having done these things. On the other hand, if you give credence to what they have been accused of, in effect, you're denying their refugee claim before you're giving the person a chance to be heard.
Once in Canada, Mr. Ressam is arrested time after time for crimes - petty theft, theft over $5,000 in some cases, stealing computers. Would you not expect this to affect his case?
... I always assumed in my experience that anyone who committed a major crimes after arriving in Canada could not possibly be a genuine refugee -- otherwise, why would they take the risk? Why would they engage in this sort of activity? This is not generally accepted by the courts, though. Serious crimes committed before arriving in Canada can be taken into account when arriving at a judgement about whether a person is a genuine refugee or not. Crimes committed in Canada after making your claim are not considered relevant by the court, unless they are crimes which would involve more than ten years of imprisonment in Canada. In practical terms, that means murder, essentially. ...
... Did Ahmed Ressam kind of play Canada as a sucker?
Oh yes, yes. I think there is no doubt about it. He entered under false pretenses, he lied, he broke the law, he used Canada as a base of operations against a neighboring country with whom we have no quarrel. If he had not inadvertently been captured ... he would have killed untold numbers of innocent civilians in the United States, and Canada would have had blood on its hands. ...
...We didn't catch him -- the Americans did. I think it's time that all the agencies, and certainly the government, took this seriously before something truly tragic happens.
The Minister of Immigration is saying she is dealing with the problems in the refugee system. She is noticing that there may be some shortcomings, but the government of Canada is acting forthrightly to close the back door for false refugee claims, so the front door can be opened wider. What do you think?
I don't see anything in the new legislation which would close the door. It makes a few minor changes in the people that might be arrested without a warrant. But I am not sure how strongly that can be enforced against the tremendous opposition on the part of the immigration groups. On the other hand, it introduces another layer of appeal into the system which, in my mind, would simply add delay to it. The idea is in the legislation that this will not permit review by the federal court. I think this is either disingenuous or nae, because under the charter, they have a right to go to the federal court, and I should think that this legislation would be thrown out very quickly. And it will certainly be challenged very quickly by immigration lawyers.
So taken all in all, what I see in the legislation is no change at all in the existing system. To change the existing system requires more than just jiggling a few lines here and a few lines there. The new act says that anyone trafficking...more than ten persons illegally into Canada is subject to a fine of $1 million instead of $500,000. To my knowledge, no judge who has tried a trafficker -- and very few are ever arrested, let alone tried -- has imposed a fine greater than $5,000. So that you raise it to $500,000 to a million, so what? The $500,000 has never been used, nor has even $10,000. These are differences meant for cosmetic purposes. This is designed for a political purpose, which is to say, "Look how tough we are being." In fact, it's not tough at all. ...