CTV News | Omar Khadr's legal fate could be decided this week

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Omar Khadr's legal fate could be decided this week

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CTV National News: Paul Workman on the coming trial
Omar will finally get his day in court as the focus of two court proceedings in Ottawa and Washington. The trials will attempt to decide whether he'll be tried by a civilian court, or a military tribunal, and if that trial will be north or south of the border.

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CTV.ca News Staff

Date: Sun. Nov. 8 2009 8:24 PM ET

Omar Khadr, the only Canadian held at Guantanamo Bay, should have a clearer idea of his legal fate by the end of this week.

The Supreme Court of Canada will hear an appeal on November 13 in the Conservative government's attempt to block an earlier ruling that ordered Khadr's repatriation.

The U.S. government is also facing a deadline, with the Department of Justice saying it will make a decision by November 16 on whether to try Khadr in civilian court.

The U.S. deadline also applies to five other detainees, including some accused of being involved in the September 11 attacks.

President Barack Obama's promise to close the notorious Guantanamo Bay prison has been met with a number of political and legal obstacles.

Obama has pledged to close the base by January 22, a deadline U.S. Attorney General Eric Holder has described as "difficult."

There are currently 223 remaining detainees at Guantanamo, and the Obama administration is determining which ones should be transferred to other countries, put on trial in the U.S., or held indefinitely.

"No determination has been made as to where people will be housed pending trial," Holder told reporters last week. "We have a number of facilities that are under consideration."

Khadr's lawyers are hopeful he will be returned to Canada and tried there.

"I think that would be the best solution for him," U.S. defence lawyer Barry Coburn said of returning his client to Canada.

"I believe they are doing their best in the Department of Justice to review this case and think about it . . . anew."

The U.S. government has accused Khadr of killing an American soldier with a hand grenade during a gunfight in Afghanistan in 2002. He was 15 years old at the time.

The Canadian government has steadfastly resisted asking for Khadr to be returned to Canada to be tried here. The federal government has spent $1.3 million over the last seven years in legal battles to keep Khadr from returning.

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