Abousfian Abdelrazik was first put on the so-called United Nations 1267 list four years ago. The Sudanese-Canadian has been fighting to get his name taken off the list ever since, arguing that he has been wrongfully labelled as a terrorist and pointing to the fact he has never been charged with any crime.
The 1267 list was established in October 1999 and calls on UN member countries to freeze the assets of listed individuals -- who are alleged associates of either the Taliban or al Qaeda -- and to enforce a travel ban against them.
For Abdelrazik, being listed has left him unable to find work because employers cannot legally transfer funds to him, the lawsuit alleges. And he must petition the UN "simply to access a subsistence level of his own money to pay for rent and food," according to the court challenge filed Monday in Federal Court, which also lists the British Columbia Civil Liberties Association and the International Civil Liberties Monitoring Group as plaintiffs.
Additionally, his friends and family cannot help him out because they could find themselves in criminal jeopardy.
"These measures have had a profound impact on Abdelrazik's personal and family life, causing him significant hardship," according to the lawsuit.
His lawyers argue that the 1267 list is unjust because it does not include a formal process by which a person can appeal their listing.
Additionally, the UN claims Abdelrazik holds ties to Abu Zubaydah -- an alleged al Qaeda member and confidant of Osama bin Laden. But his lawyers deny that any links to Zubaydah exist, and say the allegations resulted from testimony that was obtained through torture.
"The use of these statements contravenes the customary international law prohibition against torture," the lawsuit says.
"By imposing sanctions on Abdelrazik in these circumstances, Canada is complicit in the violation of international law."
Furthermore, the lawsuit alleges that by enforcing the asset- and travel bans against Abdelrazik, Canada is wrongly applying them against an individual under the United Nations Act and is violating the accused's Charter rights by doing so.
Abdelrazik returned to Canada last summer after being stranded in Sudan for six years.
A few months after arriving in Sudan, Abdelrazik was jailed there on suspicion of being involved with terror groups. He was eventually released because of a lack of evidence.
Both CSIS and the RCMP eventually cleared him of any ties to terror groups.
Starting in 2008, Abdelrazik spent a year living at the Canadian embassy in Khartoum, as he lobbied for the right to return home. A Federal Court ruling later ordered the Canadian government to repatriate him last year.
Since returning home, Abdelrazik has launched a separate lawsuit against Ottawa and Foreign Affairs Minister Lawrence Cannon, seeking $27 million in damages for what happened to him in Sudan.
