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Khadr - Court rules he must be Repatriated


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The whole Khadr family is a perfect example of why we need to update our requirements for becoming a Canadian citizen - including a 5 year probation period. It would be an enlightening exercise to see how and why the father (since killed as a terrorist) gained his citizenship and how the mother got hers. Hopefully, Jason Kenney will use the Khadr family as a model for making repairs to the citizenship system. If we have to bring him back, let's at least learn from our mistakes.

Canada must bring Guantanamo inmate home: court

OTTAWA (AFP) - A Canadian federal court on Thursday ordered the government to demand that the United States send home as soon as possible a young Canadian held in the US military jail in Guantanamo Bay, Cuba.

Omar Khadr was arrested in Afghanistan in July 2002 when he was 15 years old for allegedly throwing a grenade that killed a US soldier, which he denies.

He has been imprisoned at the US "war on terror" prison camp since October 2002 awaiting trial on charges of murder, conspiracy and support of terrorism.

To date, the Canadian government has refused to request his repatriation, despite pressure from opposition MPs, rights groups and others, saying repeatedly it would wait for the US proceedings to play out.

Prime Minister Stephen Harper said Thursday his administration may appeal the ruling.

"We'll be looking at the decision very carefully and obviously considering an appeal," he said in the House of Commons.

In his decision, Judge James O'Reilly agreed with Khadr's lawyers that the government's steadfast refusal to ask for his repatriation infringed on Khadr's constitutional rights and "a principle of fundamental justice."

He said Ottawa has a "duty to protect persons in Mr. Khadr's circumstances by taking steps to ensure that their fundamental rights, recognized in widely-accepted international instruments such as the Convention on the Rights of the Child, are respected."

Further, the judge said: "To mitigate the effect of that violation, Canada must present a request to the United States for Mr Khadr's repatriation to Canada as soon as practicable."

In his ruling, the judge considered that Khadr was not given special status as a minor by US authorities, was isolated at the prison and subjected to sleep deprivation.

He noted Canadian officials had interrogated Khadr at the prison and shared information gleaned from him with US authorities.

Courts in Britain, Australia, South Africa and elsewhere have previously found no clear duty to protect citizens in foreign countries.

But Canadian officials' complicity in Khadr's mistreatment abroad triggered Khadr's constitutional rights, the Canadian court said.

Canada regularly checked on his well-being and in a diplomatic dispatch "made it clear that it believed that Guantanamo Bay was not an appropriate place for a child to be kept in custody."

But subsequently, Canadian intelligence agents became "knowingly implicated in the imposition of sleep deprivation techniques on Mr Khadr as a means of making him more willing to provide intelligence," the court said.

"In Mr Khadr's case, while Canada did make representations regarding his possible mistreatment, it also participated directly in conduct that failed to respect Mr Khadr's rights, and failed to take steps to remove him from an extended period of unlawful detention among adult prisoners, without contact with his family," the ruling said.

Link: http://ca.news.yahoo.com/s/afp/090423/cana...tice_guantanamo

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Better yet, lets ask why he never went to trial and spent years in a prison, only to be released. Does he now have the opportunity to sue this government or another? Regardless of the particulars of his situation, I think he should. Because if theres anything to be learned by the government its that when detaining someone, either put up or shut up. In other words, get on with it!

Edited by Sir Bandelot
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The whole Khadr family is a perfect example of why we need to update our requirements for becoming a Canadian citizen - including a 5 year probation period. It would be an enlightening exercise to see how and why the father (since killed as a terrorist) gained his citizenship and how the mother got hers. Hopefully, Jason Kenney will use the Khadr family as a model for making repairs to the citizenship system. If we have to bring him back, let's at least learn from our mistakes.

How would 5 years instead of 3 make a difference?

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DECISION BETWEEN:

OMAR AHMED KHADR

Applicant

and

THE PRIME MINISTER OF CANADA,

THE MINISTER OF FOREIGN AFFAIRS,

THE DIRECTOR OF THE CANADIAN SECURITY INTELLIGENCE SERVICE, AND

THE COMMISSIONER OF THE ROYAL CANADIAN MOUNTED POLICE

Respondents

I am satisfied, in the special circumstances of this case, that Mr. Khadr’s rights under s. 7 of the Charter have been infringed. I will grant his request for an order requiring the respondents to seek his repatriation from the United States.

and, of course, Harper consistency shines through!

Ottawa must press to repatriate Khadr: court

Conservative government's refusal to demand Omar Khadr's return from Gitmo offensive, court rules

Speaking in the Commons, Mr. Harper said his government is simply following the same policies of the previous government and will consider an appeal of the ruling.

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DECISION BETWEEN:

OMAR AHMED KHADR

Applicant

and

THE PRIME MINISTER OF CANADA,

THE MINISTER OF FOREIGN AFFAIRS,

THE DIRECTOR OF THE CANADIAN SECURITY INTELLIGENCE SERVICE, AND

THE COMMISSIONER OF THE ROYAL CANADIAN MOUNTED POLICE

Respondents

I am satisfied, in the special circumstances of this case, that Mr. Khadr’s rights under s. 7 of the Charter have been infringed. I will grant his request for an order requiring the respondents to seek his repatriation from the United States.

and, of course, Harper consistency shines through!

Ottawa must press to repatriate Khadr: court

Conservative government's refusal to demand Omar Khadr's return from Gitmo offensive, court rules

Speaking in the Commons, Mr. Harper said his government is simply following the same policies of the previous government and will consider an appeal of the ruling.

We coul route his flight through afganistan leave him there overnight night (on a lay over) with a sign stapled to him that reads I support womens rights, and then fly him home.

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We coul route his flight through afganistan leave him there overnight night (on a lay over) with a sign stapled to him that reads I support womens rights, and then fly him home.

We'll send you instead, but I think you'd better go via Gitmo, then Syria.

Who wants to contribute to alta's travel fund? :lol:

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My advice to the government is not to appeal the Federal Court decision. The resulting millions saved to the taxpayer can then be used to pay the Khadrs for their eventual lawsuit. Chalk it up to experience but keep an eye on Omar's activities when he is set free upon his return. There are ample other problems facing this country. Let's turn the page and get on with it.

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My advice to the government is not to appeal the Federal Court decision. The resulting millions saved to the taxpayer can then be used to pay the Khadrs for their eventual lawsuit. Chalk it up to experience but keep an eye on Omar's activities when he is set free upon his return. There are ample other problems facing this country. Let's turn the page and get on with it.

I'm really sick of this `moving forward' trend. `Turning the page' is too close to that easy escape, that cliche.

I agree, Cap, there are many other problems facing this country and there will probably be a lawsuit against the government, but only after Canada has made an honest effort to try Mr. Khadr according to our current laws. Let's not sweep this under the rug; let's have it out. At least have a public inquiry; there's something for our Nation to learn here.

And there are hearts and minds to make amends with.

Edited by Radsickle
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there will probably be a lawsuit against the government, but only after Canada has made an honest effort to try Mr. Khadr according to our current laws.

The only crime Canada could prosecute Khadr for is treason. Since no Canadians were present when the American medic was killed, all the evidence against him would be from American sources. That evidence has been challenged and that challenge would find its way in a Canadian court.

Let's not sweep this under the rug; let's have it out. At least have a public inquiry; there's something for our Nation to learn here.

What's to be learned? That it's improper and unacceptable for a person to be held for six or seven years before being tried in a court of law? Seems to me that is at the heart of the matter in this case. As for a public inquiriy, all I see are lawyers making tons of money at taxpayers' expense with dubious benefits. We've been there before.

And there are hearts and minds to make amends with.

You speak of cliches. I think this is the grandaddy of them all Radsickle.

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Too bad - but then again canada has a history of appeasement and weakness when it comes to terrorists

Deport his entire family as well.

Nothing but a risk and a cost to canada

This shows it is a legal system in canada and NOT a justics system - a pox on the judge

Borg

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Too bad - but then again canada has a history of appeasement and weakness when it comes to terrorists

Deport his entire family as well.

Nothing but a risk and a cost to canada

This shows it is a legal system in canada and NOT a justics system - a pox on the judge

Borg

Can you give us some sources and legal opinions that would justify any of what you said or is the truth and the law irrelevant to you?

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Too bad - but then again canada has a history of appeasement and weakness when it comes to terrorists

Deport his entire family as well.

Nothing but a risk and a cost to canada

This shows it is a legal system in canada and NOT a justics system - a pox on the judge

Borg

And the crimes committed by the other members of the family are?

Not that I do not believe they are scumbags, but Canada is governed by the rule of law.

As for the court decision that Canada must take Khadr back. It is, from a legal point of view, the only one that the court ould take. Canadian citiznes have a legal right to return to this country. So let's get him back and then haul his ass in front of a real court of law.

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The reason I posted the thread was not to re-fight the Khadr battle but to bring to shine a light on the need to treat Canadian citizenship seriously - to make sure those who apply truely believe in our democratic system and are willing to work towards a better future for them and our country. The issue of anything-goes multi-culturalism versus the Melting Pot is coming to a head. The Khadr family is a model of many things that are wrong with the path to citizenship.

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