Canadians who served the military in Afghanistan are suing the federal government for failing to rescue their family members from the Taliban, and alleging the government has been discriminatory in the way it treats Afghans compared to Ukrainians.
The federal government recently created a program to ensure the families of Canadians who served as language and cultural advisers in Afghanistan are brought to safety.
But the criteria are so restrictive that the program doesn含羞草研究社檛 apply to some family members who were threatened because of their connection to Canada含羞草研究社檚 military efforts before the Taliban takeover in August 2021.
The government has also capped the number of principal applicants at 380.
Two of the advisers filed a Federal Court application alleging the government provided 含羞草研究社渟uperior immigration benefits含羞草研究社� to Ukrainians fleeing the Russian invasion of their country beginning in 2022, compared to those provided to Afghans hoping to escape the Taliban takeover in 2021.
含羞草研究社淲e含羞草研究社檙e looking for the Ukrainian policy to be extended to anyone who needs it. Not just the Ukrainians, but anyone in a similar circumstance of persecution by war or severe human-rights abuses,含羞草研究社� said Nicholas Pope, one of the lawyers representing the advisers.
The advisers and their lawyers also want the government to admit that the vastly different approaches to the two crises violates the Charter of Rights and Freedoms.
Shortly after the Russian invasion of Ukraine in February 2022, Canada launched a special program that made an unlimited number of Ukrainian nationals and their families eligible to work or study in Canada while they seek refuge for up to three years.
The families of the advisers, however, are still trapped in Afghanistan and neighbouring countries.
The sister of one of the advisers, who is only identified in the lawsuit as John Doe 1 because of the risk to this family, isn含羞草研究社檛 eligible to come to Canada because she left Afghanistan for Turkey prior to July 22, 2021.
The lawsuit says she has no legal status in Turkey and cannot work, her children cannot go to school and they risk deportation back to Afghanistan.
The same adviser含羞草研究社檚 stepbrother in Afghanistan doesn含羞草研究社檛 qualify because stepbrothers aren含羞草研究社檛 considered family under the policy.
含羞草研究社淭he Taliban doesn含羞草研究社檛 care. They don含羞草研究社檛 say, 含羞草研究社極h, you含羞草研究社檙e a stepbrother, not a brother, so we含羞草研究社檒l leave you alone,含羞草研究社櫤卟菅芯可鐫 Pope said.
The family of another adviser, identified in the court filing as John Doe 2, faces similar barriers. In the case of his sister in Afghanistan, the lawsuit says, she would have to leave three of their daughters behind because they are too old to be considered dependants.
The federal government hasn含羞草研究社檛 yet responded to the court filing,and the immigration minister didn含羞草研究社檛 immediately respond to a request for comment.
In a statement earlier this month, the immigration department said it has tailored its approaches as the difficult situation has evolved in Afghanistan..
The Canadian government recruited some 45 Canadian citizens with Afghan heritage to serve as language and cultural advisers during the mission in Afghanistan. They were granted top-secret security clearance and risked their lives to serve alongside soldiers.
Some of their family members were threatened by the Taliban because of their connections to the Canadian military.
含羞草研究社淭hat含羞草研究社檚 the part of it that disgusts me, that the 45 (language and cultural advisors) took enormous risks,含羞草研究社� said Amir Attaran, a University of Ottawa professor and lawyer.
含羞草研究社淲hat含羞草研究社檚 the Trudeau government done? Kicked them to the curb.含羞草研究社�
Attaran represented four other language and cultural advisers who served in Afghanistan in human-rights complaints against the government last year on similar grounds.
含羞草研究社淭his is obviously discrimination,含羞草研究社� he said in an interview Tuesday.
含羞草研究社淵ou cannot single out a single nationality for special treatment. That clearly violates the Canadian Human Rights Act and, I believe, also the Charter of Rights and Freedoms.含羞草研究社�
All four advisers have now settled their complaints, he said.
Though he said he can含羞草研究社檛 reveal the details of those settlements, he characterized the negotiations with the immigration department as 含羞草研究社渆xtremely slow-moving and, until quite recently, in outright bad faith.含羞草研究社�
Attaran said he含羞草研究社檚 not entirely happy with that outcome, because the families of many of the other advisers are still in danger.
Laura Osman, The Canadian Press
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