Canada Supreme Court Hears Plea of Child Soldier

By William Miller

Impunity Watch Reporter, North America

Court artists drawing Omar Khadr. Khadr has been in United States Custody at Guantanamo Bay since he was fifteen years old (PHOTO: AFP)

OTTAWA, Canada - Canada’s Supreme Court began to hear arguments in the appeal from a lower court decision finding that the Canadian government must ask the United States to return Omar Khadr to Canadian custody. Khadr, now twenty-three, is currently being held at Guantanamo Bay Prison. He has been in U.S. custody since he was accused of killing a U.S. solder at age fifteen.

Khadr was born in Toronto, Canada. His father was born in Egypt and his mother was born in Israel to Palestinian parents. Canadian officials claim that his family has close ties to Al-Qaida. In 2002, Khadr was arrested in Afghanistan after he threw a grenade in a battle with U.S. solders killing one of them. He has been held at Guantanamo Bay ever since.

U.S. Officials have now announced that Khadr will be one of five detainees whose case would be heard at military commissions. He will face several terrorism charges including murder, conspiracy, and support of terrorism. It is not yet known where he will be transferred but some have speculated he will be transferred to a naval prison in South Carolina. President Obama has ordered the prison at Guantanamo to be closed by January 22 of next year.

Khadr’s lawyers argue that Canada must request his return under international law. They say it is necessary to protect him as a child soldier and to repudiate torture. The United States has denied any allegations of torture saying that Khadr has been treated humanely.

The Canadian government’s main argument is that federal courts do not have the authority to order the government to make such a request. Federal lawyer Robert Frater said: "The government has the right to decide what requests should be made, how they should be made, and when they should be made. The courts are not in the best position to do that." They also argue that Canada is not bound to protect the rights of its Citizens abroad and must only consider there requests.

Prime Minister Stephen Harper has consistently refused to ask the U.S. for Khadr’s release into Canadian custody. He has asserted that it is important to allow the U.S. legal system to “play out.” Parliamentary Secretary Pierre Poilievre has also supported the U.S. saying "We acknowledge the decision of the Obama administration to prosecute Omar Khadr through the U.S. military commission system and we believe the U.S. military process announced today should run its course."

Last April, a federal judge found that Khadr’s Rights had been violated by the government’s refusal to ask for his return. He also found that Khadr had not been granted special status as a minor and had been subject to isolation and sleep deprivation. The Supreme court has not decided on the case yet having reserved there ruling for a later date.

For more information, please see:

AFP - Canada Court Urged to Bring Home Guantanamo Inmate - 13 November 2009

Associated Press - Canada Supreme Court Hears Gitmo Case - 13 November 2009

Liberal.ca - Conservitives Show Indifference to Human Rights Abuses Against Canadians Abroad - 13 November 2009

Comments

[liu]

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[kerry mayhead]

All of us Canadians that have failed to protect a child are responsible;as those that standby and watch a crime be committed!
How many injustices does it take for Canadians to cry out??? FALSE IMPRISONMENT(the original military files clearly state that another person through the gernade; and all documentation states that there is no concrete evidence that this "fifteen year old child" is the one that threw it. TORTURE is AGAINST International law, according to the Geneva conventions (and the USA did make it a law in their country (APPLIED AT THEIR PRISONS);as well as writing military procedure manuals;in which their military personnel were ordered to follow).
(WHAT IS THE WORLD COURT/ HAGE DOING ABOUT THE BREAKING OF THE GENEVA CONVENTIONS??)Human rights and freedoms, Canadian constitution,international law of the Geneva Convention (and other acts of war), exchange of information and extradiction are only the few major laws that have come to light; AND NOT APPLIED BY STEPHEN HARPER. How would you like Canada in the future to make these above abuses, law? That under these same abusive laws, it is legal to through you or your children in jail--without legal recourse?? IF THERE IS A PRECEDENT (decision made in the court) that the government does not have to apply law and act on behalf of Canadian Citizens, what can happen?? What is going to happen to our country; if we do not have a government that applies the law??? MILITARY REGIME??? "BIG BROTHER IS WATCHING YOU????" GET OFF OF YOUR KNEES AND STAND UP FOR OUR CANADIAN LAW.