MONTREAL — The sister of imprisoned Montrealer Saul Itzhayek was encouraged last Sunday by the report that Foreign Minister Maxime Bernier has asked Indian officials to have her brother’s  case “put in order as soon as possible.”

But Sylvia Itzhayek also told The CJN that the family won’t be satisfied until it sees some concrete action by the Indian government to free her brother, imprisoned for the last eight months and serving a three-year sentence in a remote Indian prison for crossing the border from Nepal with a lapsed visa.

Last Saturday, Foreign Affairs Canada issued a press release stating that Bernier had “discussed” the case with India’s external affairs minister, Pranab Mukherjee, and industry and commerce minister, Kamal Nath.

Sylvia Itzhayek said she was initially discouraged by the vagueness of the statement, which did not elaborate on what “discussed” meant, but she was later buoyed by a subsequent report saying Bernier had conveyed the Canadian government’s desire to see the case resolved expeditiously.

“It is an important case for us and we bring it up all the time,” Bernier was quoted as telling reporters in Ramallah last weekend while on a visit to Israel and the West Bank.

The same report quoted Canadian parliamentary secretary Deepak Obhrai, who accompanied Bernier on the trip, as saying he was “hopeful that progress was being made” in the case.

Sylvia Itzhayek said she would like to see some sort of “timeline” that would give the family a clear sign that her brother would soon be headed home.

She said she spoke to her brother over the holidays, and he was very “depressed” over the lack of progress in the case. “He told me his ‘heart hurt,’ and I tried to encourage him as much as possible.

“We’re pursuing all legal avenues in India, but he is very down.”

She said Foreign Affairs has not been in regular touch with the family, except for about a month ago when her brother became ill from prison water. He is also reported to have lost 70 pounds.

Itzhayek, 42, was convicted and sentenced to three years in remote Motihari Prison on charges that former justice minister Irwin Cotler described as “trumped up” (Itzhayek lives in Cotler’s Mount Royal riding).

Itzhayek was in Nepal on business when his driver crossed the border to collect funds being wired to Itzhayek. However, at the border, the car was stopped and Itzhayek’s travelling documents seized. Itzhayek says he was arrested – despite Indian authorities’ promises of safe passage – when he crossed the border to retrieve his documents.

Cotler has been a leading advocate for Itzhayek, as have others such as  Secretary of State for Foreign Affairs Helena Guergis, Secretary of State Jason Kenney, Liberal MP Dan McTeague, and others.

According to a Canadian Press story last week, Canadian government officials who are “close to the file” said Ottawa was “sensitive” about being perceived as interfering in another country’s legal process, “but believe there are several provisions in India’s legal code that allow for Itzhayek’s release.”

“It’s in [India’s] self-interest to [release Itzhayek]. It does not serve the purpose for anyone for him to remain in prison. He poses no threat. Never did,” Cotler told CP.

Sylvia Itzhayek, for her part, understands the principle that Canada should not “get involved” in another country’s judicial process.

But Foreign Affairs’ official policy, she said, is also that it “must” intervene on behalf of a Canadian national who is “denied justice” or discriminated against.

“I don’t know if it’s the bureaucrats, or the ministry, or both, holding things back” she said, “but Canada is known for being very arm’s length when it comes to something like this.”

Howard Liebman, Cotler’s executive assistant, told The CJN last Sunday that Cotler, who like Bernier was in Israel last weekend, was trying to contact the foreign affairs minister to get more details about his talks with Mukherjee.

“We’re following it very closely,” Liebman said.

Bernie Farber, CEO of Canadian Jewish Congress, said his organization has also been monitoring the case closely.

Farber said Itzhayek’s conviction seemed to be a “clear miscarriage of justice.”

Despite Cotler’s past criticism that the Canadian government has not been consistent enough in advocating on behalf of Itzhayek, Farber’s impression is that the government has “taken the case seriously,” as is evident by the interventions of Guergis and others.

Farber was also glad that the Canadian media were finally beginning to pay more attention to the case.

“Three year in prison for a lapsed visa – that’s outrageous,” he said.