Canadians Fighting the Islamic State Could Face Terror Charges for Helping the Kurds

Canada's defense minister is shrugging off calls for greater scrutiny of Kurdish forces being trained by Canadian special forces in northern Iraq, a day after after classified intelligence reports suggested the government may investigate Canadians fighting alongside the Kurdistan Workers' Party (PKK).

"Every single course in the Canadian Armed Forces, regardless what rank level you go up to, always starts with ethics and values and that is the same level and standard we apply when we do our training," Harjit Singh Sajjan told The Canadian Press on Thursday.

As part of its effort to combat the Islamic State (IS), Canada has contributed 69 special forces trainers who are equipping Kurdish fighters to defend their land, and launch offensives against IS territory. It has maintained that fighters allied with the PKK, which Canada considers a terrorist group, are not receiving training.

Related: Canadian Special Forces in Firefight With Islamic State Attackers Near Mosul

The issue is resurfacing because Amnesty International is calling for closer monitoring of groups being trained by Canadians, as well as increased scrutiny for Western volunteer fighters who travel to the region to join anti-IS forces, following a report from last week that Peshmerga forces have "bulldozed, blown up, and burned down thousands of homes in an apparent effort to uproot Arab communities in revenge of their perceived support of the Islamic State."

Amnesty's calls highlight Canada's unusual relationship with the area's Kurdish minority, and raise questions over whether Ottawa should step back — or more seriously engage — with the Kurdish autonomous zone.

"If we have been, and are continuing to provide training to those groups, we need to make some careful inquiries into who we are training and [whether or not] any of those forces are the ones that have been committing abuses," said Alex Neve, Secretary General for Amnesty International Canada, in an interview. "Because, if so, our approach to training needs some very serious revision, and the fundamental question as to whether we should be involved in the training."

A 2014 analysis, written by the intelligence unit of Transport Canada, suggested that Canadian volunteers who went to the region to fight with the Peshmerga could find themselves subject to anti-terror investigations. The report, obtained by the Canadian Press via access to information laws, notes that the PKK is a listed terrorist entity in Canada, and any Canadian caught aiding the group could face prosecution.

"Any Canadians claiming to have links to organizations such as the People's Workers' Party (PKK) are likely to become the subject of Canada's anti-terror legislation," says the report.

Related: Ex-Canadian Soldier Fires Assault Rifle at Islamic State in Video

It's not clear how many Canadians are currently fighting in Iraq and Syria, either with IS or against them, but it's a growing preoccupation for the government.

When VICE Germany travelled to Syria in search of foreign fighters, they met Dilan, a Canadian who joined the Women's Protection Units (YPJ). VICE agreed not to release Dilan's last name for security reasons.

Video via Daily VICE

Dilan's mother, Brenda, says her daughter — who may be the youngest foreign volunteer fighting with the Kurds — has already had a few close calls.

"She has used her gun," Brenda told Daily VICE. "I told her, if you're being shot at, you shoot back. Because it's you or them."

It's likely that most, if not all, of the Canadians fighting in the region have joined Ottawa-approved units like the YPJ, or its brother organization, People's Protection Units (YPG.)

The PKK is a separate entity from the YPG, YPJ, Peshmerga and the Kurdistan Regional Government. It's not clear when, if ever, they cooperate.

There has been a campaign in the West to have the PKK removed as from terror lists, as a long-standing peace deal between it and the government of Turkey appeared to be holding. In recent months, however, the PKK has targeted police and military assets as retaliation for Ankara's alleged inaction in stopping IS attacks against the Kurds, while Ankara has launched ground and air strikes against Kurdish towns. Kurds have called on governments like Canada's to condemn Turkey's actions, but Prime Minister Justin Trudeau has yet to comment on the attacks.

In an emailed statement to VICE News, the Ministry of Public Safety would not comment on how many Canadians, if any, are suspected of fighting with the PKK or whether investigations were ongoing.

"It is an offence to knowingly participate in or contribute to any activity of a terrorist group for the purpose of enhancing its ability to facilitate or carry out terrorist activity," said the department in a statement.

The government has, in the past, discouraged volunteering for Kurdish and other militias, instead encouraging that those wishing to fight IS join the Canadian Armed Forces.

Related: Israeli-Canadian Reportedly Captured by Islamic State in Syria is "Safe"

On the government's website of listed terrorist entities, the PKK is described as having "led a campaign of guerrilla warfare and terrorism" in its pursuit of an independent state in southeast Turkey and northern Iraq.

University of Ottawa national security law professor Craig Forcese, in a blog post on the legality of foreign fighters, explained that while a counter-IS militia may have a "generally more palatable" goal, he writes, "but it is still running around killing people in order to get someone to do something, and so it could well be engaged in a 'terrorist activity.'

"But you may have problems if it turns out that members of Brigade you are knowingly supporting in shooting at ISIL is itself somewhere along the way, say, shooting at civilians."

But Dogan Dogan, a member of the Kurdish community in Toronto, is calling on the Canadian government to recognize the efforts of Canadians who are fighting alongside the Kurds.

"They're looking at people who have no intention of terrorizing communities, but who stand by those who fight against terrorists," Dogan said in an interview. "For the Canadian government to classify these people as terrorists and to charge them, is really a disgrace to the aim of these people to make a difference in the world."

Dogan sees John Gallagher, a former Canadian soldier who fought for the Kurds with the Iraqi peshmerga before crossing into Syria to join the rebel YPG, as a hero who deserved a military burial but didn't get one. At the time of his death, Gallagher was one of about a dozen Canadians fighting against IS on the frontlines, according to media reports, but reliable current numbers aren't available.

Related: John Gallagher Died Fighting the Islamic State. His Story Is More Than Tragedy

He sees John Gallagher, a former Canadian soldier who has fought for various Kurdish units in Iraq and Syria, as a hero who deserved a national funeral.

"He should've had a state burial and the Canadian government should have honored his funeral, but we've come to see that he's been discriminated because of his affiliation with Kurdish people and YPG," says Dogan.

Hundreds of people have expressed interest in joining The 1st North American Expeditionary Force, a group formed by Canadian military veteran Ian Bradbury and a few others that vets and trains Westerners who want to fight against IS. But according to Bradbudy, the group has no ties to the YPG or the PKK.

Bradbury told the Canadian Press that he's supportive of interviewing Canadians who are returning from the area, even if they're not serving with PKK.

"I don't know of any Canadians fighting with questionable groups," said Bradbury. "My hope is that we take a very close look at what people are doing over there and if they've done something atrocious, let's hold them to task."

When asked by VICE News, however, he brushed off the relevance of the year-old report.

"Really, don't we all expect our security branches to assess a host of potentials (good and bad) as they relate to Canadians both at home and abroad?" He said in an email to VICE News. "I personally do, otherwise they would be quite challenged to achieve their particular mandates."

Follow Tamara Khandaker on Twitter: @anima_tk