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Ottawa must seek Khadr's repatriation, court rules
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Date: Fri. Aug. 14 2009 8:47 PM ET
A federal appeals court has upheld a ruling ordering Ottawa to take steps to bring home Omar Khadr, the 22-year-old terror suspect being held in Guantanamo Bay.
In April, the Federal Court of Canada ruled that Ottawa's refusal to seek Khadr's repatriation violated his constitutional rights.
The Conservative government challenged the ruling, but the appeal was rejected on Friday and the original decision was upheld.
Khadr has been held at Guantanamo Bay for years, effectively growing up in the prison for his alleged role in the death of a U.S. soldier in Afghanistan in 2002.
Khadr is accused of throwing a grenade that killed the medic, when he was just 15 years old.
Speaking on Friday, Prime Minister Stephen Harper said he will need time to review the ruling before deciding on a course of action.
"Apparently, it is a split decision of the court," he said. "The Department of Justice will be examining that decision, and obviously, I won't be commenting until we see their analysis and their recommendations."
While many have advocated on Khadr's behalf, calling him a child soldier who was the victim of his environment, Ottawa has refused to ask Washington to send him home to face the justice system here.
As a result, he is believed to be the only Western prisoner still in Gitmo, a U.S.-run detention centre on Cuban soil. Detainees from other Western countries, including Britain and Australia, were sent home from Guantanamo Bay long ago, under pressure from their home governments.
In its April decision, the court ruled the Conservative government must ask the U.S. to return Khadr "as soon as practicable."
Harper has earlier said it is not Canada's place to meddle in another country's affairs, and he planned to wait to see what U.S. President Barack Obama does in the case.
Documents show Khadr has been threatened with rape, kept in isolation and intentionally deprived of sleep by his U.S. captors.
Court proceedings against Khadr began roughly four years ago and are before a U.S. military commission, but the hearings are on hold pending a review of his case.
His U.S. military-appointed lawyer has maintained that Washington will allow Khadr to face prosecution on Canadian soil, if Ottawa puts forward the request.
Liberal MP and foreign affairs critic Bob Rae said that Khadr was born in Canada and has the rights and freedoms of every other Canadian.
"It is simply wrong for Mr. Harper to refuse to recognize the facts of this situation, and the fact that it's time for Mr. Khadr to be brought home," Rae said at news conference.
"I think the government's legal case has been blown out of the water."
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It is about time - as a grandparent I have watched our kids (who were allowed to fail although I do remember some nagging on our part) learn, I have watched our children now micro-manage their children. A big part of it is the fact that there are predators out there and an extreme reluctance on the parents part to alllow freedom that might result in the children becoming victims.
Comments are now closed for this story
herbert
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Thomas C
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Until then, the law and the Charter continue to apply to foreign policy decisions made by the government.
That is not to say that the federal government has the right to impose its will on the American system. That issue, as I pointed out in my prior statement, is separate and distinct, and that is, appropriately, how the court is treating the issue. However, the government is required under the Constitution to pursue the matter diplomatically for the benefit of one of its citizens.
Ask a constitutional expert, not that I'm not already a constitutional scholar.
LH
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My not wanting him here has nothing to do with race or bigotry. I would feel the same if he was white, or any colour. Why do people have to make things about race all of the time? It negates true racism by claiming everything is racism. I don't want him back here because his family has KNOWN ties to a terrorist organization, he was in a foreign country fighting against us and our allies, his family has repeatedly spoken out against Canada and Western values. Why would we want him here, regardless of the colour of his skin? I would feel the same if some white european came here calling down Canada, I do feel the same about the white German who was stalling being returned to Germany, colour is irrelevant when dealing with terrorists.
To those who think he deserves some inherent protection under the Charter, the Charter applies to government actions against its citizens, our government did not arrest him nor torture him, therefore he does not get Charter protection. He would fall under the UN treaties as that applies to all citizens of the world, however, our Canadian laws also end at our borders. If you choose to travel to another country there is the risk that you will get caught up with their laws. Are you all saying that someone who assaulted someone, raped someone, stole from someone, sold drugs to someone etc. in a foreign country should not be liable under that country's laws? That is basically giving all foreigners a right to do whatever they please in the country they visit, and giving any terrorist a free ticket home if they come over here and kill our citizens. That is insane.
witchlinblue
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What ever happened to the values that I was so proud of in Canada. The fact that we apparently treat people humanely and fairly??????
So many of you need to cancel your cable subscriptions and go back to watching the Canadian news, please stay away from CNN and other American propaganda forums you have been brainwashed by Hollywood and CNN.
I really expected better from Canadians, and at this moment I feel ashamed to be one. Seriously, I do.....
GLENDA-TORONTO
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ouifyg
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Bill
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ND St.Laurent
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All that aside, there is a fundamental tenant of English Law which has been upheld by the Canadian courts that being "No one is above the law not even the crown." That is final.
Bob
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Documents show Khadr was threatened with rape.
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master mind
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joe
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God Save Canada!
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B Walsh
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Dave S
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witchlinblue
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Correction, he is an alleged terrorist, not a terrorist. He has not be convicted of anything yet.
I can't believe how quick Canadians are to hang the kid without a trial.
Bob S. Florida, U.S.A.
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Then we'll tell his dead child that the murderer was let go because is wasn't being treated fairly!!!!
Feeling sorry for Khadr is like having an opinion on capital punishment. We're all against it until it's our child who is murdered!
Jermaine Toronto.
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RT @Jim in Ottawa
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Wow ... did you really say the America is an 'open and free democracy'?
uhm ... do you even know what Gitmo is? It's an illegal detention centre based in Cuba specifically to skirt not only international law, like the Geneva convention but, to skirt American and even military laws.
And, uhm, what about Abu Graib? You know all those innocent Iraqis who were tortured, humiliated, urinated, sexually violated and then photographed next to the American Hobbit with the cigarette in her mouth?
Remember Iraq, the illegal and immoral war based on bold faced lies, made up intellegence and Bush's Crusade?
Also, rendition means America has kidnapped 26 000 people and put them in secret prisons, they've vanished.
The 2000 elections ... remember Florida and how Bush stole the election? The Electorate college actually had to appoint a president.
Wow, if this is what you consider an 'open and free democracy' well then, please move there.
Oh! Wait! You meant America is WHITE like us! Oh I get it, that would make more sense!
A Canadian
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There's chatter about the 'Charter of Rights and Freedom Act' which was another Liberal gem! Yes it has many great attributes, but it also protects people who are not patriotic to Canada and have just come to Canada to take advantage of the system. Just because someone has landed in Canada and claimed Canadian Citizenship doesn't make then a good Canadian. (This has nothing to do with ethnic background or race.) In some foreign countries if you do not choose to accept the customs and traditions of that country you cannot become a citizen or your citizenship is revoked.
Khadr's family made a decision! Unfortunately he was included in that decision. So, if our PM brings him back to Canada to be tried, and we all know how lenient our justice system is, does this mean as Canadian taxpayers we will have to pay him tens of million of dollars because they made a bad decision and were connected with terrorist. People who have chosen to leave their previous country for a better life in Canada should at the very least try to become Canadian and not wave the flags of the they came from and with the exception of visiting their previous country - live in Canada.
With regard to the compassion and fairness, perhaps those people who are saying there is none should be on the receiving end to see if they would still have the same feelings.
Khadr is a US issue and should remain a US issue. I don't see other cases getting as much media time.
reidjr
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You really beleave any canadian arrest should be brought back by the gov.No matter what crime murder/rape etc.
witchlinblue
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I fail to see how the immigration laws have anything to do with this case. He was born in Canada, end of story, he did not immigrate to Canada. Get your facts straight before you start your rant.
Sara in Vancouver
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Under internationa law the guys who invade and have all the guns, they're called soldiers and they're considered fair game.
War crimes apply only to civilians and protected groups.
I implore you folks to get informed, learn the meanings of the basic termonology.
Sara in Vancouver
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Under internationa law the guys who invade and have all the guns, they're called soldiers and they're considered fair game.
War crimes apply only to civilians and protected groups.
I implore you folks to get informed, learn the meanings of the basic termonology.
Robert (Toronto)
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his choice, life in prison or
a bullet.
Rob
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Alex (Toronto)
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Canada is within its rights to offer this child soldier, unjustly held and tortured, simple rehabilitation, but that's for a court to decide. If Canada has no law to deal with this problem, Parliament has had years to find a solution. Canadians should be concerned about the government's willingness to forfeit the consitutional rights of its citizens and treaty rights of travellers in foreign countries. The government should not be picking and choosing whose rights are respected on the basis of whether they have an anglo name or pale complexion.
Lowry
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Somehow I had hoped that we had progressed far enough to quit arguing against equality.
Prairie Boy
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Scott G
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--
They don't seem to have a duty to protect. Maybe these criminals should stay at their houses when on bail, or coming home from other countries.
chau
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Ishan
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Dave in Calgary
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Jasper
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Prof. Pye Chartt
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Thanks for the reply comment (as discombobulated as it was).
Being as "confused" as you are about the point I was making, I must encourage you, then, to re-read my post...this time putting aside your ideological drive to argue ANY point made by someone who doesn't share your clinical despisement of conservatives, regardless of how sane or rational their assertion is.
Countless posters here other than myself have made clear the special circumstances that have landed Mr. Khadr in his unfortunate predicament. Expectedly, as a Liberal, you simply can't come to terms with the fact that your Canadian political heroes, Chretien & Martin, too saw justification in letting the U.S. detain and prosecute the alleged crime/criminal.
You would struggle less with the concocted "issue" if you simply acknowledged the basic facts that surround the case.
Anyway, put a cork in your “compassionate” bleeding heart for the time being. As I’ve stated, a proper review of the case against Khadr is being undertaken, and we’ll finally have a clearer idea as to his fate soon. Should he be tried and convicted, he will not somehow be put to death as your wayward anti-Americanism alludes.
Cheer up. Justice demands some principled resolve.
Enjoy the weekend, my friend.
Darth Razmus
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being caught comitting treason he should rot in jail for the rest of his natural life assuming that the penalty for treason in canada is not execution.
Karl
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To the country which is called by all countries around the globe as The country of "terrorists and criminals homeland"... OOPS... actually we have sent one to the Germany recently... for now..
zwinky
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One of the key tennets of the democratic society we claim to hold so dear is that you are innocent until proven guilty and must be given an open and proper trial during which the evidence against you is presented, evaluated and you are then judged as guilty or innocent.
We can't have it any other and still consider ourselves better than the terrorists we are trying to defeat.
Let's finally have someone do this right, if not us then the Americans.
Have a civilian trial, present the evidence, judge him and pass sentence.
Currently because of all the secrecy, all I really know for sure about this case is that it's handling does not statisfy ANY of the notions I hold dear about the democracy I cherish.
Time to Amend the Charter,That Protects Everyone C
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Unique among such charters in Western democracies, by extending full civil rights to any and all non-residents once they set foot on our soil, the Canadian charter has opened a veritable "Pandora's Box" of refugee and immigration abuse and resulted in a virtual inability to effectively and expeditiously deal with undesirables freely flocking to our shores.
The Supreme Court's 1985 "Singh Decision" forever changed the 1976 Immigration Act, making the Canadian charter universal by guaranteeing "everyone ... the right to life, liberty and security of the person." It has resulted in endless litigation, negated the law and served as a major stumbling block to meaningful reform to ensure our refugee system is reserved for those afflicted by genuine persecution in other nations.
By enabling them to virtually guarantee their "clients" the protection of the charter, once delivered to Canadian soil, the Charter's unrestricted universality remains a veritable boon to a growing industry for human smugglers and continues to serve as a powerful magnet to all comers
THE Fatman
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To Fatman,
No - you do not have it right!'
Sorry but numbers presently indicate otherwise, 135 to 31 say I do and regarding your own posting it's now at 14 for and 31 against. So may I suggest you put another quarter in and spin again. Stats indicate clearly that you're the one who doesn't have it right but then again, that's in keeping with the rest of the Liberal rabble around here who think this turncoat should be brought back to this country and given a ticker tape parade!
Now to another issue:
Mr. Harper: my question is - Who the hell is running this country, you and our elected representatives OR the nine appointed members of the Supreme Court of Canada? (Yea, I know, Constitution, Charter of Rights, Canadian Tire Guarantee, yada, yada, yada. I've heard of them all and firmly believe that if
one minds their P's and Q's they don't need any of them to fall back on to get out of trouble!) It's beginning to appear that it's the latter as opposed to the former which in turn gives one the impression we have a situation here in Canada where the tail is wagging the dog!
Jason Daniel Baker, Toronto
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They did it with Brenda Martin too and with this woman in Africa recently whom officials said did not look like her I.D.
Not all members of the current governing caucus think this it is unwise to just concede guilt when one of our own gets caught up in a foreign legal system.
But of the many that do my sense is they are not lawyers.
AR from Calgary
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Second the law of the canadian courts exists within canada and only in canada. until he lands on canadian soil the courts have no say on his return.
Now if for some reason we would politically want him back (cant think of one myself) then the government could arrange it. But I would hope that our government would listen to the majority of people and bar him from canada and not cave it to bleeding hearts. But at this time he is under the americans prison system and should remain within it for his crime. let him live in prison for the rest of his life... or send to a state that still has the death penality so we can move onto more important issues like protecting our other canadian citizen's who are currently serving in wars at this time.
Donald K Munroe
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That was September 11th 2001
- how could we ever forget!
And the peace was shattered by
a handful of low-life, scumbag terrorists, leaving over 3000 innocent lives savagely murdered
on American soil on that morning.
A terrorist is a terrorist is a terrorist!
iphoneu
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Wes
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I cant see the Americans handing him over to the Canadian justice system before they tri him.
Mary Wilson
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It's highly unlikely that any of our 14 yr.olds would be in the middle of a battleground, against our own soldiers in Afghanistan.
So your excuse for Omar is pretty lame.
WitBlu
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We can not turn our back on him because he is Canadian and has the right to a fair trial as a Canadian. The U.S. should not deal with him because the apparent 'crime' did not happen on U.S. soil. At the very least this boy deserves a fair trial and if not in Canada then the international courts. I'm quite surprised how quick some of you are to sentence this child when you don't even know the evidence against him if there even is any. Regardless, he should come home and be dealt with here.
Harper should be spanked for ignoring the Canadian constitution.
steve in ottawa
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Kamil
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John
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A country of left wing nuts and a judicial system that rules our parliament!
Wake up Canada! Anyway...I think it's too late. The ship has a bad list.
Fahad. Al, MTL
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Why did it take 7 or 8 years for him to be tried?
Why was he tortured until he could face a judge?
Mike
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The argument that he was a brainwashed child fighting for what he believed in can be applied to any Taliban fighter. They were all raised that way, how does that change the fact that they each made the decision to act and kill.
Don't bring him back, we don't want him.
Any family members should also have there Canadian Citizenship revoked and be thrown out.
Jayme
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No thats not true at all not even close.This is not racism as much as some want it to be this has more to do with safety of its citizens.I have said this before there are cases of white people refused entry arrested etc yet very few people care.As soon as some one is non white massive amount of people care.
Vince M
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He liked Afghanistan enough to fight in it. Go back there.
Joshua Wasylciw
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Neither he, nor any other government in this country is sovereign. The ONLY place in which sovereignty is located in this country is in our Sovereign Lady (that is, Her Majesty The Queen).
His, Martin's, Mulroney's, Truedau's, and every other Prime Minister's and Premier's governments have served AT THE PLEASURE of the Queen.
No one, no government, and nothing has Sovereignty in Canada other than Her Britannic Majesty, Queen Elizabeth II.
Eric
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since you seem to want to bring the Geneva Convention into the debate, how about you actually look it up and see what it says?
The Geneva Convention applies ONLY to state-sanctioned uniformed soldiers. If I chose to just pick up a gun and start shooting foreign soldiers, I would not be protected under the Geneva Convention whether it was during a 'war' or not.
Khadr was not a state-sanctioned soldier and he was not in a discernable uniform, he was a guerrila fighter fighting in everyday clothes (all the better to hide amongst civilians) so while you can argue about whether or not it's moral for the Americans to be treating him the way he's being treated, but don't use the Geneva Convention as a defense for him.
He does not qualify for its protections.
Jim
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You say he was fighting for his countries sovereigntry Since 1814 Canada has not been attacked on its own soil. If he is a Canadian how then can he be fighting as you say?
Those of us who saw war wounds on our fathers faces every day of thier life need no reminders of how bad war is.
While much is not known about the events, and likely will never be, I doubt that this young man is the kind of citizen Canada needs or wants.
If he is returned to Canada he will likely be set free with no further punishment. If he then leaves to go to Afganistan he should be prohibited from ever ertering this country.
Mar
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james
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Joseph Chiasson
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Governments ignoring inconvenient laws is how they either become dictators or extinct.
Jesse
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On the second count, this happened when Khadr was 14 years of age. Our government – under the advice of medical professionals and with the vote of Canadians – has decided that 18 is the legal age of consent. We don’t let 14 year olds drive, we don’t let them drink alcohol and we don’t let them vote – because we’ve determined that 14 year olds are not mature enough to have these kinds of responsibilities.
Regardless of when you became a Canadian or under what circumstances, you are in fact, Canadian. Period.
As far as I’m concerned, there is no debate. He is Canadian. He has not been found guilty of any crime. He is a child living in abhorrent conditions that have been denounced by the U.S. government. What are you guys debating?
Stephen Harris
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Check out Bob Rae blathering on about how Khadr belongs in Canada and Harper is the wrong doer.
Yes, it is a socialist country all right - another example why Canadians need to vote for Harper and the Conservatives.
Using the Charter to protect a known terrorist and attempting to force the hand of the PM using Liberal appointed judges is a joke.
So let's all stand up for Khadr and once again piss of the Americans - so how many GM/Ford jobs left in Canada?
david sawkiw[saskatchewan farmer]
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This is the epitome of the classic 'tail wagging the dog syndrome'!!!
Like it or not the GOVERNMENT makes the laws,,NOT the courts, at least this should be the case in a true democracy.
The courts should never dictate to elected people, otherwise there is no need at all for elections. We may as well regress away from democratic elections and let the supreme court rule.
Dangerous step backwards. The bleeding hearts will disagree with me on this one, but,, there ARE democracies out there that elect their judges, maybe we should too.
The Whiteman
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Mickey Rourke from Cabbagetown
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I say no way. Canadian citizenship is a priviledge not a frigging right. And if he's found guilty of murder he should have his Canadian citizenship revoked and he should be returned to his homeland. Khadr "apparently" broke the law in a foreign country and he has no right to Canadian protection, rights, phone calls to Mom or his lawyer. No time served counts double, no parole after one third of the sentence has been completed, no automatic transfer to a Canadian prison. The Canadian law in Canada ceases at the border and if you break the law in a foreign country then you face the foreign consequences, too bad, so sad. I guess the same goes for honour killings in this country. Sweet.
pb
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It is sickening to think that a terrorist can use his ill gotten Canadian passport as a security blanket to get out of trouble.
Leave him in jail!
Byron Beauchene
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CC
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Too many bleeding heart Liberals turning our country into a haven for criminals and terrorists of all walks of life. I hope the PM ignores this completely. Where is Iggy? He was one of Bush's greatest supporters. I have no doubt we will see him crying lke the rest of the bleeding hearts to save little poor poor terrorist Khadr. Sickening. KEEP HIM OUT AND SEND HIS TERRORIST FAMILY WITH HIM!
David Probst
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He shouldn't be in jail in any case. It was war, no matter what the corrupt American system may say. Not to mention he was just a child. This is typical Canadian cowardice in respect to the States.
I'm ticked. Not to mention, the Conservatives will probably appeal showing further disrespect for the law.
David Probst
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He shouldn't be in jail in any case. It was war, no matter what the corrupt American system may say. Not to mention he was just a child. This is typical Canadian cowardice in respect to the States.
I'm ticked. Not to mention, the Conservatives will probably appeal showing further disrespect for the law.
Jane
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He comes from a terrorist family, and if set free, will just go back to them, and will kill Canadians next. We have to stop being such bleeding hearts. A terrorist will not ever change. It is part of their upbringing, and part of who they are. No matter the age. We must punish all terrorists and keep our country safe from the people who come here, then proclaim to hate everything about us and our country. Prison is no fun for anyone in it, it is not supposed to be. That is why the good people are not sentenced to prison.
I do not want this guy in my country, and I don't want to pay for his food and shelter. Perhaps he should go back to his homeland.
We need to fight to keep our Canada safe, and to keep it Canadian!
Bill in BC
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End of subject.
L
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As well, if you commit a crime on foreign soil, you are stuck with those consequences. I don't know if he is guilty, but surely you must take some responsibility for being in that situation. Plus he was 14, not 5, even here people who commit crimes at 14 can be charged as adults if the circumstances warrant it.
I am tired of everyone claiming we should help all these people claiming to be "canadian" when it suits them. Did he travel there on a Canadian passport? I think I heard he had dual citizenship. Also, as one poster said, he was fighting against us, isn't that treason?
luke
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Allan
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tazz
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do you think he can be reintegrated into society , is he more a threat now or then, did we forever lose the opportunity to take a 14 year old and make him right or did we actually create something we have been trying to eliminate.
MARG MM
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Ricky
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Amar
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Karen
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Karen
Toronto
Dave
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His father was killed by Pakistani forces six years ago and he was identified as an extremist & financier for Osama & al-Qaida. His brother is a paraplegic from wounds suffered the shootout that killed his dad. Khadr's family has ties with Osama bin Laden.
By all accounts not upstanding law abiding and peace loving Canadians? So how can we support them? To me supporting Ohmar Khadr is the same as supporting the terrorists they have associated with. How is that right?
Are you people for real?
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Yet, I bet you are all in a hurry to cash your pension checks, your free medical services, and your welfare checks.
Until proven guilty of anything, this man is one of ours and MUST be extended all the same protections under the law as any one of you cry for when you get a speeding ticket, a police visit at your homes or when your neighbour plays music all night and keep you up!
Stop being so hateful and take stock of what it truly means to be Canadian. If you still disagree, we might want to ask the government to pay your way to Afghanistan where you will feel right at home in the chaos.
I am disappointed and ashamed of those filled with hatred and your two way interpretation of our laws.
Bucky from Orangeville
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notanignorantcanadain
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ARJAY
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I'm unclear on your argument, as you have several undefined terms and some apparent self-contradictions.
If justice "transcends the criminal safety of borders", then it seems Khadr can't hide in Gitmo forever. He needs to be re-partiated to stand trial here, based on your point. Unless, of course, "transcendent justice" is a term so vague as to be meaningless.
You claim that there are "facts and unique international circumstances" (undefined) that make it impossible to prosecute him. But you just argued that he can't hide from justice because justice "transcends the international safety of borders", remember?
So if justice is transcendent, then he ought to stand trial.
But if he can't get a fair trial here in Canada, then we have no right to hold him, do we?
Unless you've already decided that he's guilty, trial or not.
But maybe that's your idea of "justice".
And it's the Liberals who are "mush heads"?
(LoL)
Woody in Medicine Hat
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But here's the kicker TR, his constitutional rights apply in Canada under a Canadian court. He MAY have killed a US soldier in Afghanistan, he was captued by US soldiers, incarcerated at a US base in Cuba and he'll face trial under US military justice.
His Canadian Constitution Rights mean zero in the US, he could very well face the death penalty and you know what TR, he could die begging for his adopted (through Cdn citizenship) constitutional rights. But when you take up arms in Afghanistan and kill a soldier (holding Canadian citizenship or not) and get captured, you don't get to choose where and when you'll face justice. Like Billy Mayes in the movie "Midnight Express" (smuggling drugs in Turkey) you do the crime in Turkey, you do the time in Turkey. The same goes for Khadr.
Mark
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This was war and soldiers kill each other and they die in the midst of a war.
PBW
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Just the same sort of Criminal as Khadr. Do we REALLY want to set up protection for teen terrorists as well and young criminals?
Joyce
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PBW
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"Many posters here seem to forget that almost 2/3 of Canadians do not want the Haprer or his right-wing Conservatives as our Government and he makes it clear why the majority of Canadian feel that way virtually daily.
Time for an election and a change to a Liberal Government truly representing the the majority views of the majority of Canadians
"
Please take note that at the last election 2/3 of voters did not support the Liberal party either. We habve a minority government, and will probably have another after the next election too. Get over it. Harper is PM until another party can get enough seats to form its own minority government.
And that government will STILL have to deal with the Khadr issue by trying to prove to the US government that our laws are better than theirs. NOT.
LML - Ottawa
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Mark: it is about terrorism. His family has always maintained that having a child a martyr was their greatest goal and they support terrorism.
Jeff, I have been there 3 times. I've seen and been in fire fights. And unfortunately, there will always be innocent victimes of war.
And remember, Chretien went to bat for the father, only to be made a laughing stock by the family.
Jim - North Saanich, BC
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This individual was captured in a combat zone fighting in the name of an extreme religious cause and is facing charges that he killed a medical corpsman who would have been unarmed and readily identifiable in the field as medical personnel. Let justice proceed according to military law pertaining to illegal acts in a theatre of operations and do not suggest to me that he be tried under the Canadian justice system as it is totally irrelevant in Khadr's situation.
I'm old enough to remember WWII and Hitler's werewolves who, as mere "children", inflicted a great number of casualties on allied forces in the name of their leader prior to and following the capitulation of Germany. I see little difference between the werewolves of WWII and the actions of Omar Khadr in spite of the pleadings by some that he was merely "a child soldier".
The adage goes that if that it looks like a duck, walks like a duck and quacks like a duck, it probably is a duck and Omar Khadr appears to me to be nothing short of a terrorist given his actions of record. Gitmo, in my view, is better than he actually deserves.
ARJAY
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Perhaps you could make some of your points more clear, as I find your post confusing.
You argue that "some people are superior to others" in our country. Then later you talk about "all the rights and freedoms our ancestors fought for."
I thought one of the main things they fought for was equality?
Wasn't it Hitler who decided that the Jews (and the "pointy headed intellectuals") deserved to be executed without trial? Weren't our troops fighting to preserve democracy Linda? And isn't democracy about the rule of law, and not the rule of men? Isn't that why the Charter demands that our civil liberties be protected from politicians? Where else do you think your "rights and freedoms" reside, if not in the Charter?
And if the law doesn't apply to people who haven't been convicted of any crimes, but who are still in jail, then what exactly were our troops fighting against Hitler for? Habeus Corpus (the right to be charged with a crime or released) goes back to the Magna Charta, Linda. Are you suggesting that that ancient, traditional civil liberty ought to be abandonded?
That's what Hitler did, wasn't it?
You say that we have the right to limit the rights of people who harm our troops- I agree. They need to go to jail for a very long time.
Now Linda, how do we find out if they're guilty? Do we have a trial? Or do we just lock them up?
If we do, then which "rights and freedoms", are our troops preserving?
GP
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Western public and their concepts of battlefield justice are a joke. Combat is not like the movies, it’s mass confusion and chaos, your ears are ringing from all the explosions, your vision is impaired by your equipment, the sweat in your eyes, and the dust/dirt that is kicked up. You move as quick as you can from one place to another and take and give fire all the while. You use proportional force, you pick your target and identify them before you shoot, you do not kill people that appear to be unarmed (but you need to be prepared to kill them at any moment, women and children included). If you see someone kill a fellow soldier and immediately throw their weapon down and raise their arms, you kill them dead on the spot, then run to your fallen comrade to help.
Once the fighting stops, if there are any that surrender they are enemy combatants. You never execute them but they are not criminals for the court...they are prisoners of war. There is no rule of evidence. Everyone there knows who did what by virtue of their location and often the look on their face and in their eyes. If you’ve been in combat you know exactly what I mean.
War is brutal, it is not far, it has nothing to do with justice. Everyone in that part of the world understands this, people in the West appear not to.
emperorhasnoclothes
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While many of the comments posted advocate the defeat of the conservative government, which is there right, no one has the right to vote on whether the judges at any level of court in this country retain office. They are appointed virtually for life. (well okay until 75)This fact is concerning when the courts appear to be making policy decisions. It is a myth that these decisions are the result of rigerous application of clear consistant logical legal principles. The Charter like the U.S. Bill of Rights means different things at different times to different appellant panels, and there is no democratic option, once their decison is rendered.
kebere
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Regardless of how the court rules, I hope the government ignores it. Their duty is to the will of the mainstream, majority opinion, not to some bleeding-heart left-wing judges who would allow every terrorist and criminal to walk freely on the street if they could.
FairWell
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We also must be viewed fairly from beyond our borders. No single individual is likely to craft that vision of responsibility without the help of a time honored legal system, and a current government that holds up through the many trials of circumstance. Hopefully we all take our individual ability to be of assistance to that vision into account, when we register our views here, though they may be lacking reference to systematic judiciary analysis, or thorough governmental interpretation and action. Where is the transparency of the government, now that the court has issued it's final word?
Jo
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Jim in Edmonton
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Chris B
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So, in the case of Khadr and the killing of the American soldier, he was fighting for his country of origin and prepared to duck back "over the line" after he had killed and thus suddenly apply a completely different set of rights and laws. Soldiers of the Middle East are often under ten years old. So, in his country of origin it was quite acceptable for him to do what he did. Others his age, if caught by the opposing force and who remained in that country would be subject to that country's laws of retribution to enemy's of their country whatever that punishment is.
So it seems, if Khadr is likely to be returned to Canada then Canada should then deport Khadr back to his country of origin and let him face the same punishment that others his age would face for the same act; otherwishe Canada is in fact abetting such acts, i.e., go to the country of origin, commit a violent act, jump ship and return to Canada.
Bob S. Florida U.S.A
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At 14 I was protesting against the
immorality of the Vietnam War, and civil rights. Please people!
Canadian Muslim
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Dan from Northern Ont
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Eg - if the majority of Afghanis want Muslim law, nothing the west can do, and if we don't want this kid in our country, we're free to make exceptions to normal policy.
Dollar Bill
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How about a conservative $50US a night X 8 years X 365 = $146,000. Then add in his free legal counsel and you'll get the gist of what the U.S. can do. Then freeze all family bank accounts until the debt is paid. Welcome to the big time.
Glenda, in Cornwall Ontario
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LN in T.O
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JBIZ
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Jim in Ottawa
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Mr. Khadr is charged with some very serious crimes by the United States, an open and free democracy similar to our own. He should be tried before one of their courts under their laws just as we would try someone from another land charged with crimes in our country.
This is not an issue of constitional rights. Our supreme court doesn't have the moral authority to be meddling in the legal affairs of another democratic nation.
K in Saskatoon
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In the case of "Canadians" being stuck in other countries, how is it possible that the gov't can be forced to bring "home" a man with obvioius connections to and history with terrorist organizations, but nothing is done in cases such as Pavel Kulisek, who has committed NO known crime, but is being held in Mexico just the same.
CK
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**********************************
If my own 14 year old was accused of murdering someone, I would blame myself for not being a good parent.
James in New Brunswick
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Our laws and the Charter of Rights and Freedoms were created to ensure that an indignant majority could never oppress a minority simply because it was a minority. It is the Court's job to keep these in mind when decision are to be made so that what's right can take priority over what is popular at the time. As a society, we've come a long way in terms of tolerance and social justice since the 1950's. I hope we can continue to make progress.
If the government chooses to ignore the ruling of the Federal court they do so at their peril and will, in my opinion, have lost the moral right to govern. Bring Kadhar home and then we can figure out what to do with him.
YYC Introspect
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Scott
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Darren
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Now I start to wonder. Why do the courts need to get Harper to uphold the law? I thought fellow conservatives are always the ones demanding that laws be enforced.
Prof. Pye Chartt
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And "justice" of the moral kind that we particularly and collectively subscribe to in North American, of which the U.S. is an integral part, transcends the criminal safety of borders...especially when the alleged "crime" is committed in a foreign military combat setting by someone acting as an enemy of the state he expects to protect him.
The notion that we can properly and fairly prosecute this man in Canada, given the special facts and unique international circumstances, is a joke completely lost on all the liberal mush-heads using the entire "issue" as a wacky excuse to froth at the mouth over America, George Bush, Republicans, and conservatism. For them, Khadr simply serves their relentless ideological rant.
The Obama Administration has specifically directed an evaluation of the case against Khadr. Our government SHOULD be interested in the conclusion of this review.
-------------
@ ARJAY
Thanks for never disappointing.
Laura langstaff
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Mike
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CPG
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And do we really want to bring these types of "convenient citizens" home.
We all remember the Liberal Government of Jean Chretien helping to bring Khadr's father home from Pakistan...and how was Canada repaid...the father was one or the planners of 911...and now the left wing wants to help the son...SHAME..
Craig from NS
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For those of you who think that we shouldn't be interfering with the U.S. and their "right" to hold him; should the Canadian government have kept its mouth shut in regards to the laws originally passed in Afghanistan. A law that effectively gave the right to a husbands to rape his wife? What's the difference in that interference? Where are your priorities? Again he's no angel, but if he didn't do it he should be repatriated. If he did do it; convict him. Stop the stonewalling.
The problem here is that if he didn't do it, he has a right to be both angry at the U.S. and Canada for what he's gone through. For one third of his life he's been in a prison. What will he do when he finally is free. There's nothing like locking up someone up with a bunch of other criminals so they can learn more from them. This should have been dealt with a long time ago and our government has to accept that responsibility when it finally comes to an end.
Lindsay - Pigeon Lake, Ab
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Paul in SJ
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It is time for Canadians to realize that our safety is something that we have taken for granted for far too long.
Linda in Vancouver
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Please,don't whine to me about your superiority because of your compassion or because you feel so,so superior to those less well travelled.Come and talk to me after you've done a couple of tours with the people who protect our rights.Or talk to me when you've actually done something,rather than study something.That would NOT include the dufus's who penned an extremely flawed charter of rights.
While I do agree that ALL people have some basic rights,I will say something that will likely get me hung,shot,or burned at the stake.But in the real world we live in,some people ARE better than others.Some work for a living so some other parasites can live off of their earnings.Som people TALK about human rights,while others do the dirty work that enebles those rights.Some people fight crime,others commit crimes as a matter of routine.Some people are willing to defend their country,or the victims of crime,while others make themselves feel so superior on more enlightened because they defend the rights of criminals.
The reality is,that we are not all equal at all.What Mr.Trudeau failed to include in his praized Charter,was a list of responsibilities required by all who wish to enjoy all of the rights and freedoms our ancestors fought for.Society is within it's right to limit the rights of people who willingly cause harm to other people or our country.
GOD BLESS OUR TROOPS
Ray Jacques, Glen Robertson, ON
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No - you do not have it right !
You show absolutely no respect for our Constitution nor for our legal system which up-holds those sacred rights on behalf of ALL Canadians.
Our Constitution is not under Harper's control.
That is why we have a Constitution - so that some idiotic government cannot easily trample on our rights as Cnanadian citizens.
We need to get back control of our Canadian Government back into sane Liberal hands.
Many posters here seem to forget that almost 2/3 of Canadians do not want the Haprer or his right-wing Conservatives as our Government and he makes it clear why the majority of Canadian feel that way virtually daily.
Time for an election and a change to a Liberal Government truly representing the the majority views of the majority of Canadians
TO Harper: Follow the law - bring him home. Even Harper has to follow Canadian laws. No amount oosters nor polling ndata mean squat. Laws are to followed or we only have anarchy.
SF from Ottawa
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And even if he did do it, he should have a trial like every other Canadian citizen BEFORE he is abused and forced to live in solitary confinement in Cuba with REAL adult terrorists.
I would love to see how you people would react if your own 14 year old child was accused of murdering someone and didn't get a trial, good lawyers and was just thrown in jail with no release date in sight.
It's called "compassion" and "fairness" people, I guess I was wrong in thinking that Canadians had any.
Thomas C
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That is where the buck stops, which is separate and distinct from the primary issue of whether Khadr could and should be tried in the US.
As much as I don't like the courts trying to dictate policy, they are perfectly valid in that such a move, even if only symbolic, is constitutionally required.
Fact is, the Conservatives, and yes, the Liberals before them dropped the ball on the execution of their duty as the governing party. If anyone does not like that fact, and yes, it is a fact, they can start a letter-writing campaign to have the constitution changed instead of pretending their revisionist history is perfectly valid.
Mike
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Mary Wilson
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His father had deep ties to Osama Bin Laden and was one of Bin Laden's deputies.
Omar left the our Country for Pakistan,when he was just an infant,and only returned much later.
Him and his family actually spent some time living in Bin laden's compund.
His family have nothing good to say about Canada,but they readily accept payments from us,like disability for the other son,that was injured fighting against our own soldiers.
Although Omar may have been young,I would not expect my own 15 yr'old to be blowing up bombs and throwing grenades,and then use the lame excuse,that he was too young to know better.
I think in the area of foreign conflict,where "Canadian" citisens are involved in treason,the Govt. should have some rights in protecting our own citisens against terrorism,as opposed to the individual right to reign terror in another land,then use your citisenship as an excuse to get away with it.
Lynn in Hamilton
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Pip
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"Under the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which was adopted and signed in 2002, National armed forces can accept volunteers into their armed forces below the age of 18, but "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities".
According to this part of the treaty - which was signed by Canada - It could be argued that, as Khadr left Canada in order to fight, then he was a volunteer, and thus not covered. If he went as a person performing other duties, and did not bear arms, I could see a case for bringing him home. As it is, he DID bear arms and did, by exploding a grenade that killed a lawfully uniformed soldier, take part in hostilities, and that fact must be considered by the Supreme Court, along with all the other clauses in the appropriate treaties.
Simply running off at the mouth, either for against the repatriation of Khadr without presenting valid evidence may ease one's state of mind, but is hardly germane. The Supreme Court is comprised of the best jurists in our nation, and I am confident that they will rule appropriately, one way or another.
However, whether the USA will actually release him, should the SCC require our government to seek Khadr's release into Canadian custody, is up the the American justoce system.
Adam Mtl,
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happy
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You hit the nail on the head in a clear, logical manner without even a whiff of conservative hysteria. Congratulations!
Andrea
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If they do, it will hurt our own country's credibility.
Aaron in Toronto
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Folks, just because he is a Canadian does not mean he should be rescue from the Canadian gov't. You can't even define "Home" for this guy or his family to begin with.
Citizen of convenient should not expect the Gov't to bail them out when they are in trouble as it is not fair at all. Look, his dad made a decision that affect his life. Well that's too bad, it wasn't the Canadian gov't that put him there. Life is tough and not fair. I am just sick and tired that I (as a taxpayer) continue to pay tax not getting much benefit but people like him who most likely have not given anything to our gov't would be getting help that cost a lot of $.
James @ TR
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I find it difficult to believe that you have been as worldly as you claim making remarks stating Western society (no comment was ever made by me or others as to the religious backgrounds of those governments) comparable to that of Afghanistan. I ask how many heads has Mr Harper been responsible for removing? To draw comparison between our government and that which is offered by the Taliban or Al-Queda is absolutely laughable yet puzzling as to your reasoning and in very poor taste. Perhaps you would be more intone to seeing women in the western world not allowed to go to school, hold jobs or be openly punished for disobeying males?
You cry foul at the treatment of Mr Khadar yet state he can return to Canada only to wait here in a cell until the judicial process is complete, furthering one of the very issues at hand, the length of his detention.
You seem to be able to draw all the ills of the world back to the Christian populace, is there a reason for that? Let me guess, “North America” can be tarred with the same brush in that they are all “Christians”.
Your views are very unworldly truth be told, spend less time on the academic front and more in the real world and perhaps your outlook will change.
Zaphod
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ARJAY
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The question of whether Khadr should be re-patriated is one for the courts to decide, not the politicians. If the courts declare that Canada has to take him back, then Mr. harper has no option but to follow the rule of law.
And the reason is very simple: the Charter protects all Canadians (including the right-wing lunkheads who rail against it) from the imposition of tyranny by dicatatorial politicians. If by some fluke we elected a government of atheists who declared religions to be illegal, it would be those same "activist judges" who would be the court of last appeal to save religion.
Literally.
Then no doubt the right-wing extremists would suddenly discover what it means to have their civil rights violated by the government - and the courts would become their best friends.
Isn't it ironic that the right-wing distrusts the government on almost any issue - except restricting civil rights. The Republicans are shaking in their boots about "socialism" in the States right now because they've confused universal health care with communism. But whenever the government wants to restrict civil liberties, suddenly the government is their best friend.
But you can't pick and choose folks. If the courts protect your rights, then it is only logical that they protect your neighbour's too.
Even if he's a 14 year old boy with brown skin.
Now if you don't like this post, fine, but man up. Write a response in which you explain clearly and logically why the courts shouldn't defend everyone's civil liberties.
After all, that's why we invaded Afghanistan, right?
dave
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david
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i doubt the government will listen, nor should they. let the legal process play itself out with whatever consequence is to come. life is a series of choices, Mr. Khadr and his family made them. Live with them.
the sad thing is, that there is absolutely no doubt in my mind that we will hear from Mr. Khadr again, no doubt in a headline at some point in his future.
B. Kelley, Ontario
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PBW
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As for Khadr, as I understand it he was not formally enlisted in any army, not wearing any uniform. He was simply using weapons against armed troops in uniform. That makes him a guerilla at best.
The SCC can rule every which way they like. It is up to the US authorities to make a final decision in Khadr's case. For those running off at the mouth about the rights of this group or that group: just remember that by bringing Khadr back to Canada we are importing a known terrorist.
Better that his citizenship had been stripped from him way back when he was captured. Better for the SCC to rule that he has forfeited his rights to citizenship.
David F
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My education and life experience tell me that Khadr is a Canadian citizen and efforts should be made to have him extradited, however loathsome an individual he is.
Look at it this way, Clifford Olson is an evil murderer, but he's our evil murderer and we can't get rid of him because we don't like him, so he remains in a Canadian prison, hopefully for good.
So legally and ethically we can't make Khadr go away, either.
However, this family's made it abundantly clear that they've made no moral commitment to Canada and have thumbed their nose at Canada and the West in general at every opportunity.
So I'm with the tyrannical majortity on this one. If I were the PM I would let Khadr stay at Gitmo until it's shut for good and then accept only when there is no other option. This is exactly what will happen, unless Obama makes alternative arrangements for him to be held in the Continental US.
Is it any coincidence that Paul Martin didn't make the effort either? Martin and Harper both know that to be seen to be making the effort to bring Khadr back would be deeply resented by a significant number of Canadians. Deep down Canadians don't like it when one of their own strays too far from the nest regardless of the motivation, as Michael Ignatieff is discovering.
Those of you who use international law as a reason to avoid making risky decisions are no less politically motivated than us Conservatives.
Jordan
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Who here has believes in the phrase: INNOCENT UNTIL PROVEN GUILTY? Everything we've been misinformed to believe here is pure hearsay. There are no witnesses or surveillance footage to the event nor any concrete evidence to hold him directly accountable. Furthermore, the idea of withholding secret evidence is blasphemous and fascist.
All soldiers are fully aware of the risk involved in joining the military and invading another sovereign nation. Do you honestly think any young adolescent who's been in a similar scenario chose or wanted to be on the defending side of a war which was started under false pretenses?
Even though some of you might view his simply being there as treasonous, your speculations alone aren't enough to convict him. I highly doubt he went over to Afghanistan on his own with the desire or intent to kill US soldiers. Ironically, each soldier that went over there fully acknowledged that they would be directly and indirectly responsible for innocent civilian casualties, but somehow their actions are all justified since they're "just following orders" and apparently don't have the ability or privilege of deciding that what they're doing is right or wrong (legally or morally).
Doesn't anybody else see the unfortunate duality here? Society wants to hold a 14 year old responsible for supposedly defending himself, his family, and his community from invading forces while granting a full pardon to any adult who puts on a military or Blackwater uniform and decides they want to cause destruction and kill others overseas for a living at the expense of hard working tax payers.
Doug
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Bill in BC
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end of story
dave
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by returning khadar to Canada we are saying to others like him that when your anti-western country of origin is in turmoil it is ok for you to go and fight for it,possibly against Canadian troops and then come back to Canada.
Dave
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SS
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The bush administration has admitted to using "questionable interrogation techniques" which as a younger prisoner, would lend him to pleading guilty for this crime more easily.
This is not a terorist issue: This is an issue of a Canadian abroad who desperatly needs help from his government. We need to get this fellow citizen back from the horrible place he is in so he can start to rehabilitate himself and enjoy life here in Canada like the rest of us.
Hugo Giovanni Felice Yassin
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Howeever, I do not know why this despotic PM considers to be elected by the plebished vote and to be ignored the power of the court that is one of the third powers of our nation.
Constitutionally, any citizens can leave and return to his/her country.
Hugo
TR, International Studies, Ottawa,Ontario
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I have travelled the globe and have spent much of my life studying the religious and political history of the worlds nations including Afghanistan.
Let me educate you:
1. Comparing N.America's extremists to the Taliban is not only legitimate but, anyone with any working knowledge of this bunch of religious fanatics knows they've killed more innocent civilians in more countries than a hundred Taliban and/ or Al-Queda combined. They're responsible for the deaths in Lebanon, Palestine, Iraq, Afghanistan and they're hard at work packaging and marketing a war against Iran.
2. This fanatical religious wing is dilligently hard at work forcing their bizarre and irrational belief system of hate and intolerance into our schools, curriculum, laws and political structures.
3. The first thing every malignant majority (like these insane false Christians & Zionists) does is attack rule of law by ignoring the justice system and installing a two-tier system declaring some citizens are worth less than others .
4. Finally, if we as a nation do not intend to honor the treaties we've signed -- like the Child Soldier Laws and other human rights documents -- then kindly refrain from the obnoxious hypocrisy of wagging your finger and judging other nations like Afghanistan and invading them with massive weapons to murder them in the name of 'civilzing' them.
Harper is not God or Allah or Jesus.
Harper is an elected official and under the rules of our democracy, rule of law is above one man. It's because we fancy our selves to be a nation of laws and reason not emotional outbursts and ignorance disguised as outrage.
Khadr doesn't need to stay at my house, he can stay in a holding cell in Canada until he gets full due process.
Doug On
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Duck
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If we try him for being a soldier and killing someone then does it not stand to reason that all soldiers regardless of the country they are fighting for or against, that have killed another soldier or civilian be put on trial.
The concept is of course rediculous just the same as the charges are rediculous.
Jay
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But should canada not protesct its own citizens as well.Or should it just be a free for all does not matter if people hate canada if there canadian they must be treated the same even if they could cause harm to canada.I am not saying kadr would do this but where to we out our foot down.Aslo don't forget kadrs familys has nothing but hate for canada for the most part.
david sawki[saskatchewan farmer]
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Donald in Nepean
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(infantcide). Let the U.S. take care of their problem, they arrested him, they flew him to Cuba, they incarcerated him since 2002, for all we may speculate they may even have tortured him so let Mr Khadr take it up with them or the World Court in the Hague. Trying him here is a waste of Canadian resources and taxpayer dollars after all we have bigger issues like Nortel, GM and Air Canada to sort out without picking up U.S. military justice problems.
Syl
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THE Fatman
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Our Supreme Court's gonna tell our Prime Minister to tell the American President to tell his military brass that we want the return of our Canadian terrorist who is presently being held by the American military for having blown up one of theirs on foreign soil simply because he was only a child soldier and didn't know what he was doing at the time he murdered their GI!
Right! I'm sure they will have him on the next flight home - HEAVEN FORBID!
Our Supreme Court should confine it's activities to legal issues within the borders of Canada and keep its nose out of the judicial affairs of other countries.
Oscar in Ottawa
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What our government should do is put pressure on the US to expedite his trial so an outcome can be established and the applicable punishment be administered or he be returned to Canada innocent.
What I fear is that if he wasn’t of a hard core Islamic radical mindset at the time of his capture and incarceration, you can guess he probably is now after 7 years in close confines with adult radicals. If he (or anyone else) was to return to Afghanistan of his own free will and act in the same alleged manor and be captured and held pending trial, who would be crying foul then? I think the fact he was a child by age at the time of his alleged actions is a poor crutch for those who think he didn’t know what he was doing. A “normal” child of 14 in today’s society is much worldlier than many obviously think, let alone one trained in insurgent combat techniques and radical religious views. Call it brainwashing if you want but if that’s the case, then the same could be said for the masses who stand up to say “that’s not right”.
david in Sudbury
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Baseless calls for revenge from the "majority" who have absolutely no clue as to what actually happened are irrelevant at best, and have nothing to do with justice. Public opinion should have no bearing on fair application of the law.
rservice
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Maybe recent decisions in juvenile
cases illustrates this
Bob
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James @ TR, International Studies, Ottawa,Ontario
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Keep studying, then head to a place like Afghanistan and try to compare the ongoing actions of the Taliban to those of any western nation, you’re biased views will change in short order.
Your comparison in your post is both very ignorant and to the opposite extreme of what you're sighting as the facts in this case.
Should we bring every Canadian home that commits a crime in or against another sovereign nation or its people?
Perhaps we could bring him back and place him under house arrest and he can stay with you.
More time studying and less time generating politically motivated ignorant hypothesis.
F in Hamilton
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CMT
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His loyalty obviously lies with the mother country of his family. If he needs a place to be send him to Afghanistan to be with his family members.
If it is ordered that we have to take him back then he should be promptly charged with treason.!!!
Dollar bill
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Khadr "apparently" killed a U.S. soldier, a medic to be precise. So Khadr was arrested and sent to GITMO (Guantanomo Bay, Cuba) by the Americans. He has remained in custody since 2002 and was apparently only 14 years old when this took place. (Exactly how does a Canadian 14 year old citizen get to Afghanistan to fight with live ammo and grenades and where were the parents?) None of this was caused by Canada, it's government, nor the taxpayers. We don't want to try him here at our expense, let the U.S. pick up the bill. If he did the crime, then he does the time in a U.S. military prison and after serving his time the U.S. ships him back to Canada and hopefully Canada ships him back to his original homeland as we don't harbour convicted terrorists.
This is the way it works for other Canadian citizens who stray off the legal rules in foreign countries so why is Khadr such a big deal? Doesn't look like he was forced to "fight" against U.S. troops. If anything his parents failed to provide the proper necessities of life to him. He should have been in a program we call school here in Canada not fighting U.S. troops and our NATO ally. And when it's all said and done, let Mr Khadr sue the U.S. government for his lengthy 8 year all expenses paid Cuban holiday because the entire incident was either Khadr's fault, his parents fault, or the U.S military's fault, it has nothing to do with Canada and Canadian tax dollars. As John Wayne said: "Life's tough, it's even tougher if you are stupid". It's time Canada started to stand up and cease being used and taken advantage of.
John Calgary
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Every poll I've seen on this subject confirms my belief that the majority of Canadians do not want him back. I'm thinking that the very people saying bring him back to face justice in Canada will, once he's here, be screaming that he was punished enough by the U.S and should be allowed to go home to his loving and wonderful family. Finders, Keepers Uncle Sam
david in Sudbury
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If anyone out there has a 14 year old child, imagine that child being raised in the Taliban way of life, being told from birth that the Americans are Evil (in the religious sense), and so on. Then the Americans invade your home country, and you are forced to fight, as a child soldier, to defend your country's sovereignty. In that frame of reference, what exactly did he do wrong? And as a child, was he to be expected to evaluate the pros and cons and the consequences of what he was doing?
He was a brainwashed child, fighting for what he believed in. The American frenzy after 9/11 is what swept him up, intent for revenge any way possible. Instead of locking him away in a torture camp, they could have treated him as what he was, a child, and maybe something positive could have come from the tragedy. Instead, I'm sure if he is ever released, he'll have a hardened hate for anything western, both US and Canadian, and now it will be well deserved.
Wars are tragic, people get killed, and the people doing the killing think they are justified. Who is in the right is simply decided by the one who is saying it, because no one fights for reasons they believe are wrong.
Everything about this story is tragic. It's time Harper stopped being a gutless doormat and stand up for someone who is recognized as a Canadian, regardless of circumstance, and then he can be dealt with, hopefully fairly.
This in no way is meant to excuse what he did. I'm only saying what he did needs to be treated in the proper perspective and objectively. Otherwise, we are no different than the people who made him what he was.
Jim C
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jeff
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I remember the way things where done over there when I first got there in 2007 and it was like the wild wild west.The Americans fired at pretty much anything...and when the true numbers of civilian deaths come forward the world well be shocked.I know alot well not like this view but untell you have your feet in country and see with your own eyes you don t really understand.
Bring him back to Canada..he has been through hell and back again .
Rick in NB, Ste Marie
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People we can "if" this situation to death, but the law is the law. "If" you don't like it change it. Then you will be correct in your view of justice.
Mark Giguere
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Canada (and the US, IIRC) are signatories of the Child Soldier treaty. Both are also signatories of the Convention against torture.
Now, if the US was willing to let their goverment get away with illegal torture during the presidency of Bush, that's THEIR problem. Immoral, illegal and just plain wrong headed but still THEIR problem.
However, when MY prime minister refuses to do his duty and demand the return of a kid who is being held by a country that has admitted to the use of torture, it becomes OUR problem.
Khadr was, by the definition of a treaty Canada has signed, a child soldier. He has not been found guilty of ANYTHING by ANY due process.
Therefor, Harper has the LEGAL and MORAL obligation to demand his return to Canada ASAP.
How would Harper have acted if Khadr has been a white kid from Alberta forced by his father to commit armed robberies in Calgary? Would he have thrown him, without trial, in jail for 7 years? I think not.
Come on people, this isn't about terrorism, it's about Canada doing thing the RIGHT way. It's about the rule of law, of being fair and impartial and letting the justice system do its job.
Not letting some poor kid rot in a foreign jail because our PM decided to appoint himself judge, jury and executioner and came to the conclusion that the kid is guilty so he doesn't need to do his job.
C. In Hamilton
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TR, International Studies, Ottawa,Ontario
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Get Khadr, tie him to a pole and every ignorant,racist, intellectual midget without a shred of facts about the case can line up rip his flesh off of him and then we can burn his remains and all do a primitive dance to really celebrate the rule of law.
Harper has a God complex, much like his retired counterpart Bush Junior, he doesn't answer to Canadian legal system or to voters ... no... he only answers to Jesus.
Without our system of laws being respected above the political and religious whims of elected officials, we are no better than Afghanistan being hijacked by the Taliban, only our Taliban are the right wing extremist Apocolypse obsessed "Christians".
barryw
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Jim R
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Joe C
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Matt
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bruce nicolson
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