Terms of Reference

Backgrounder

These Terms of Reference are directed to Murray Segal, who has been appointed to conduct this external review.

Overview

You are to conduct your external review independently of any direction from the Government of Canada and to form your own assessments and conclusions respecting the matters that are the subject of your external review.

You will receive the cooperation of Justice counsel and staff. You will also be provided full access to departmental files and correspondence respecting the Diab extradition, and any related mutual legal assistance request, subject to any limits required by law, including privacy or international relations obligations.  Where requested by you, waivers or consents respecting any such limits on access will be reasonably sought by the Department of Justice.

Review of the Diab Extradition:

  1. Assess whether the law and Department of Justice practices and procedures were followed in the conduct of the Diab extradition.
  2. Assess whether there were any particular approaches taken by counsel in the Diab extradition that identify a need to take action to improve or correct the approach that the International Assistance Group (IAG) takes to advisory or litigation files going forward.
  3. Assess whether there are specific concerns that need to be addressed with our foreign partner (France) with respect to Dr. Diab once surrendered to France.

Assessment Tools:

  1. Review of the court decisions in Diab, the former Minister’s decision, and the submissions of counsel to the Minister.
  2. Review the report from the Department of Justice internal lessons learned exercise, including the summaries of all interviews that took place.
  3. Speak to Justice counsel involved in this matter.
  4. Speak to Dr. Diab, if he so wishes, and to his counsel.
  5. Speak to the French Ministry of Justice about the process in France.
  6. Speak to Global Affairs Canada about their interactions with Diab while he was in France, to the extent they are permitted to discuss the matters. 
  7. Review correspondence between Department of Justice officials and French officials, including France’s request and the evidence in support, as well as correspondence between Department of Justice officials and Diab’s counsel.
  8. Review the decision of the investigating magistrate in France, and any subsequent decisions of French courts respecting Diab, should they be made available by France or Dr. Diab.
  9. Conduct other interviews as deemed appropriate.
  10. If deemed relevant and within the scope of the review of this matter, interview representatives of key foreign partners (e.g. US and UK).

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