Jim Bronskill, The Canadian Press

OTTAWA — The federal government is considering supporting the release of 19 Canadian women and children being held in northeastern Syria, according to a recently filed court document.

The move comes just before lawyers for six women and 13 children prepare to argue in federal court that the Liberal government’s longstanding refusal to repatriate them – and several Canadian men – constitutes a violation of charter rights and freedoms .

In a recent document filed in court, the government says Global Affairs Canada has determined the 19 Canadians have reached a threshold under their policy framework to provide extraordinary assistance.

As a result, in accordance with the framework’s guiding principles, Global Affairs has begun assessments to determine whether to provide this support, the 1 December agreed factual statement said.

A handful of women and children have returned to Canada in recent years, but for the most part Canada has not followed the path of other countries that have successfully repatriated citizens.

These Canadian nationals are among many foreigners in Syrian camps run by Kurdish forces that have retaken the war-torn region from the Islamic State of Iraq and the Levant.

Last July, a total of 26 Canadians were part of the lawsuit against the government that will be heard in federal court next week.

The agreed finding of fact states that a woman and two children involved in the case “are no longer being held in any of the camps in north-eastern Syria and their current fate is unknown”.

In addition to the 19 women and children who may receive government assistance, a few Canadian men remain in the camps, including Jack Letts, whose parents have publicly campaigned for the federal government to help him.

One of the women in the case, Kimberly Polman, was repatriated to Canada in October. The other parts of the lawsuit are not named.

Lawrence Greenspon, attorney for all plaintiffs except Mr Letts, said in an interview on Friday that the fact that the government is considering freeing the other 19 Canadian women and children involved in the court case who are still being held in Syria to help may be very good news.

Mr. Greenspon has been asked to provide comments and additional documentation regarding Global Affairs’ assessment of these cases.

However, court hearings are still scheduled for Monday and Tuesday in Ottawa.

In a court filing, the families of the detained Canadians argue that the process the government used to decide whether or not to repatriate their citizens “represents a violation of procedural fairness.”

It said no applicants were made aware of the federal policy framework in place to determine whether to extend support through November 2021, about 10 months after it was implemented and about two months after legal entitlement began.

“The fact that the policy framework was not provided to the applicants demonstrates, at best, a lack of sufficient information to know the case to be argued.”

They also argue that the Canadian government’s inaction in repatriating its citizens violates the charter.

In its submission to the court, the federal government says Canada has provided assistance with consular services to the extent possible, adding that there is no legal obligation under the charter, statute or international law for Canada to provide such assistance, including the repatriation of its citizens.

Federal prosecutors say the obligations the plaintiffs seek to impose “commit to the political causes that justify a narrow approach to charter enforcement outside of Canada.”