Battlefield evidence collected in Syria is now being used in Canadian courts in cases against suspected ISIS members. This evidence, known as collected exploitable material (CEM), includes paperwork and data taken from captured combatants. The evidence has surfaced in courts in British Columbia and Alberta, where police have asked for terrorism peace bonds to restrict the movements of suspects. The RCMP is working to utilize CEM as evidence in more cases against Canadians who participated in ISIS.
While Canada has been putting terrorists on trial for years, battlefield evidence like CEM has not yet been relied upon. This evidence could be crucial for prosecutors, but they will have to establish its authenticity in court. Prosecutors may need to provide affidavits detailing how the evidence was collected and passed on to the RCMP. The use of CEM may be particularly effective against ISIS members due to the extensive bureaucratic records the terror group kept while governing areas it occupied.
Amidst a series of arrests related to ISIS in Ontario and Quebec, the Canadian government has been pushing to use battlefield evidence in courtrooms. The evidence has been used in the U.S. to convict ISIS members, and Canadian officials are hopeful it can lead to successful prosecutions in Canada as well. Arrests in Canada, including those of Muhammad Shahzeb Khan, a Toronto minor, and the Eldidi father and son duo, are a reminder that ISIS remains a threat and the need for successful prosecutions is urgent.
Several Canadian ISIS women who have returned from Syria have not yet been charged, while Kurdish fighters continue to hold Canadian men captured during fighting in Syria. In the absence of charges, the RCMP has been using terrorism peace bonds to limit the threat posed by returning individuals. Special measures have been taken against suspects like Edmonton resident Aimee Vasconez, whose movements are restricted based on evidence obtained from CEM.
Operation Gallant Phoenix, a U.S.-led effort to collect and share CEM, has been crucial in providing evidence for Canadian investigations. The RCMP is working on a framework to use this evidence in court and is actively collaborating with foreign partners to advance their investigations. While the evidence has been used successfully in the U.S., it has yet to be tested in Canadian criminal trials. The potential of CEM in prosecuting foreign terrorist fighters and preventing terrorist threats is significant.
The U.S. has collected hundreds of terabytes of CEM, including fingerprints, diaries, letters, and data on fighters, demonstrating the importance and potential of this evidence in combating terrorism. Highly trained analysts and investigators sift through this evidence daily to analyze and catalogue it for retrieval and sharing. With the continued collaboration with foreign partners and the use of CEM, Canadian officials are optimistic about their ability to bring charges against Canadians who participated in ISIS with the help of battlefield evidence.
