Summary of "Episode 4: The Extradition" | The Copernic Affair | Canadaland Investigates
Release Date: February 5, 2025
Introduction and Background
"The Copernic Affair" is a compelling series by Canadaland Investigates that delves into the harrowing case of Hassan Diab, a Lebanese Canadian sociology professor accused of orchestrating a 1980 bomb attack on the Copernic Synagogue in Paris. Episode 4, titled "The Extradition," focuses on the intense legal battle surrounding Diab's extradition from Canada to France, exploring the intricate web of evidence, legal maneuvers, and community responses that define this extraordinary story.
Hassan Diab's Arrest and Initial Reactions
In November 2008, Hassan Diab's seemingly tranquil life in Ottawa was shattered when a SWAT team raided his home, arresting him on charges related to the synagogue bombing. Diab recounts the abruptness of the event:
"On November 13, in the early morning, I was getting ready. Boom, screaming and yelling." [00:43]
Initially, Diab believed the accusations would soon dissipate. However, the arrest rekindled dormant fears within the Jewish community, particularly among leaders like Bernie Farber, a prominent advocate against anti-Semitism in Canada.
The Extradition Hearings in Canada
By November 2009, hearings to extradite Diab from Canada to France commenced in downtown Ottawa, drawing significant media attention. The primary legal question was not Diab's guilt but whether the French case against him was sufficiently credible to warrant extradition under the Canada-France extradition treaty.
"The only thing to be decided was whether the French case was credible, whether there was enough evidence to extradite him to France." [05:07]
Legal Arguments and Evidence Presented
French authorities presented a dossier spanning decades, which included:
-
Passport Evidence: Diab's passport was found in possession of a PFLP (Popular Front for the Liberation of Palestine) member in Rome, containing entry and exit stamps from Europe around the time of the attack. French lawyers argued this implicated Diab.
-
Witness Testimonies: A witness from the 1970s testified about Diab's alleged association with a militant group.
-
Composite Sketches: Eyewitnesses from the 1980 attack provided composite sketches that French investigators claimed resembled Diab.
-
Intelligence Reports: Documents from 1999 listed Diab as a suspect in the bombing.
-
Handwriting Analysis: French experts compared Diab's handwriting to samples from the bomber's hotel registration card, asserting a match.
Hassan Diab’s lawyer, Don Bain, systematically dismantled each piece of evidence:
-
Intelligence Reports: Bain highlighted inconsistencies and errors in the reports, including incorrect attack dates and mismatched personal details.
"Is this a human source? Is this just something some analysts made up? We have no idea." [11:24]
-
Composite Sketches: He pointed out the varying descriptions from witnesses, making the sketches unreliable.
-
Passport Evidence: Bain argued that Diab had lost his passport under unclear circumstances, suggesting it fell into the wrong hands.
-
Handwriting Analysis: Independent experts, including John Osborne, criticized the French handwriting analysis as "totally unreliable" and "fatally biased."
"You can't possibly identify anybody's handwriting from that limited sample of block printing." [14:21]
Support and Opposition
As the extradition hearings progressed, a grassroots support group emerged, comprising mostly senior women deeply invested in Diab's innocence. Members like Maeve McMahon and Jenny Hornesty expressed unwavering belief in Diab's integrity:
"He hates extremism in all its forms. He doesn't care who's being extreme." [21:12]
Prominent community leaders, including Bernie Farber, initially supported the extradition based on the evidence but later became convinced of Diab's innocence after witnessing inconsistencies in the case. Farber and political science professor Mira Sukharov co-authored an opinion piece advocating for Diab's freedom, signifying a pivotal shift in community sentiment.
The Supreme Court Decision and Extradition Outcome
After a protracted legal struggle spanning six years, the extradition hearings concluded in June 2011. Despite significant doubts about the strength of the French case, the Ontario Superior Court ultimately ruled in favor of extradition, citing the convoluted nature of the evidence, particularly the handwriting analysis:
"It was a weak case, replete with seemingly disconnected information." [28:54]
Diab and his legal team appealed to the Supreme Court of Canada, seeking to overturn the decision. However, on November 13, 2014, the Supreme Court declined to hear the appeal, sealing Diab's fate:
"The Supreme Court will not hear this." [30:42]
Diab was subsequently extradited to France, leaving his family without the opportunity for a final goodbyes.
Aftermath and Impact
Diab's extradition marked a tragic culmination for his supporters, who had tirelessly worked to prevent what they viewed as an unjust legal process. The community's efforts highlighted significant flaws in the extradition treaty and raised questions about the reliability of international evidence standards.
For Diab, the experience left enduring scars, grappling with feelings of betrayal and responsibility:
"I thought, okay, now the judge is going to make things right because that's what judges are supposed to do." [28:42]
The case underscored the complexities of international law, the challenges of safeguarding individual rights against geopolitical pressures, and the profound impact such legal battles can have on personal lives and community trust.
Conclusion
Episode 4: "The Extradition" of "The Copernic Affair" offers a meticulous examination of Hassan Diab's legal ordeal, emphasizing the intricate interplay between evidence, legal advocacy, and community activism. Through detailed narrative and poignant testimonies, Canadaland Investigates presents a thought-provoking exploration of justice, prejudice, and the profound human costs embedded within international legal disputes.