A B.C. Supreme Court judge found Tuesday that Canada Border Services Agency officers breached the consular rights of an Iranian citizen wanted by the U.S. for allegedly helping a terrorist-linked airline evade sanctions.
Justice Janet Winteringham, in her verbal ruling on an abuse of process application by Sari’s lawyers, said the accused was entitled under international law to be connected to a consular official when he was detained at YVR. Almost an hour later, an officer began calling the embassy of Pakistan in Washington, D.C., which handles Iranian consular services in the U.S. The call went to a voice mail system. Another officer was eventually referred to Iran’s diplomatic mission in the United Kingdom, but an agent there said it had no jurisdiction for matters in Canada. So an email address was provided for the CBSA officer to send details of Sari’s request.
Winteringham said the abuse of process application was otherwise presented as “demonstrating a pattern” of misconduct. “I have not made findings of fact consistent with the applicant’s allegations of misconduct,” she said.
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