blake 3:17
14th November 2009, 03:34
As Supreme Court hearing unfolds, Americans revive proceedings against Khadr
By Jim Bronskill (CP) – 4 hours ago
OTTAWA — The federal government says it's up to elected officials, not the courts, to decide whether Omar Khadr should come home to Canada.
Government counsel Robert Frater told a Supreme Court hearing Friday the Toronto-born Khadr's repatriation from a U.S. military prison in Cuba is a political choice as opposed to a legal obligation.
"In my respectful submission, we're in the realm of diplomacy here," Frater said to a courtroom packed with onlookers.
As the Supreme Court hearing was taking place, American authorities announced Khadr is among a group of terror suspects at Guantanamo who will be moved to the U.S. to face justice.
Frater denied the government had ignored calls to bring Khadr back to Canada: "Mr. Khadr's voice has been heard repeatedly."
Khadr, 23, is being held by the Americans at Guantanamo Bay, Cuba, for allegedly throwing a grenade that killed a U.S. soldier in Afghanistan seven years ago.
The Conservative government strongly opposes his repatriation, but his lawyers and several intervener groups - including Amnesty International, Human Rights Watch and the Canadian Bar Association - argued Friday that Canada should seek his return.
The high court will ponder the positions further before delivering judgment.
MP Pierre Poilievre, parliamentary secretary to the prime minister, welcomed the American decision to revive proceedings against Khadr and repeated the Harper government line.
"We acknowledge the decision of the Obama administration to prosecute Omar Khadr through the U.S. military commission system and we believe the U.S. military process announced today should run its course," he said.
"Any decision to ask for Mr. Khadr's return to Canada is a decision for the democratically elected government of Canada and not for the courts."
Poilievre refused to clarify if his statement means the government would ignore a Supreme Court order to seek Khadr's return.
NDP justice critic Joe Comartin said Polievre is simply wrong. "He doesn't understand the constitutional framework of this country."
American military court proceedings were initiated against Khadr four years ago and the Tories have rejected a growing chorus of calls to deal with him on Canadian soil.
The keenly anticipated Supreme Court of Canada ruling will help determine Khadr's legal fate.
Frater said Friday the Canadian government took many steps over the years to assist Khadr but stopped short of asking for his return from Guantanamo.
"It drew a line."
Documents show Khadr's captors threatened him with rape, kept him isolated and deprived him of sleep by moving him from cell to cell.
Canadian officials questioned Khadr at Guantanamo and shared the results of their interrogations with the Americans. A highly publicized video in which a teenaged Khadr cries for his mother sparked a global uproar last year.
Nathan Whitling, counsel for Khadr, argued Friday that returning his client to Canada would help "lessen the harm" he has suffered.
Chief Justice Beverley McLachlin said while there's no doubt Khadr had "suffered greatly," she wondered how repatriating him would fix what's now in the past.
Whitling said Khadr's predicament amounted to "a unique case."
While acknowledging the matter was complex, he asked the nine-member court for a swift decision.
The Federal Court of Canada ruled in April that the Conservative government must ask the United States to return Khadr "as soon as practicable."
It said Canada's refusal to request his repatriation offends fundamental justice and violates Khadr's constitutional rights to life, liberty and security of the person.
The Federal Court of Appeal rejected the government's bid to overturn the decision, saying the conduct of Canadian officials who interviewed Khadr at Guantanamo amounted to "knowing participation" in his mistreatment.
The appeal court said the principles of fundamental justice do not permit the questioning of a prisoner to obtain information after he has been subjected to cruel and abusive treatment to induce him to talk.
Frater denied the Canadian government was complicit in any abuse of Khadr. He urged the court to avoid opening the door to perpetual second-guessing of Canada's efforts on foreign relations.
Alex Neve, secretary general of Amnesty International's Canadian chapter, later told reporters the case was not about foreign policy.
"This is about protecting fundamental rights under the Charter. It's not second-guessing."
Details of the pending U.S. proceedings - including when and where they might take place - weren't clear Friday.
"We'll look at the Khadr matter," said U.S. Attorney General Eric Holder, "and we will, as that case proceeds, see how it should be ultimately treated."
Dennis Edney, who also represents Khadr, rejected the notion the U.S. move bolsters the Canadian government's position that American proceedings must be allowed to run their course.
Edney said it's "a fiction" that Khadr will receive due process before the military commission.
"It just says our government is foolhardy, is blind and it doesn't consider the human rights of a Canadian."
Barry Coburn, one of Khadr's U.S. lawyers, said he was deeply disappointed by the American decision to continue its prosecution. "I'm devastated."
Coburn said the military commission process, though undergoing an overhaul, falls short of the standards of fairness afforded by the U.S. federal courts.
"Why they're not appropriate in Mr. Khadr's case is something that I do not understand."
In May 2008, the Supreme Court ruled in a separate case that Canada had taken part in a foreign process that breached its international human-rights obligations.
The Khadr family has gained notoriety for apparent longstanding ties to al-Qaida leader Osama bin Laden.
Omar's father, Ahmed Said Khadr, was a purported extremist and financier for bin Laden's terror network. He was killed by Pakistani forces six years ago.
A brother, Abdul Karim, was paralysed by wounds suffered in the firefight.
Copyright © 2009 The Canadian Press. All rights reserved.
By Jim Bronskill (CP) – 4 hours ago
OTTAWA — The federal government says it's up to elected officials, not the courts, to decide whether Omar Khadr should come home to Canada.
Government counsel Robert Frater told a Supreme Court hearing Friday the Toronto-born Khadr's repatriation from a U.S. military prison in Cuba is a political choice as opposed to a legal obligation.
"In my respectful submission, we're in the realm of diplomacy here," Frater said to a courtroom packed with onlookers.
As the Supreme Court hearing was taking place, American authorities announced Khadr is among a group of terror suspects at Guantanamo who will be moved to the U.S. to face justice.
Frater denied the government had ignored calls to bring Khadr back to Canada: "Mr. Khadr's voice has been heard repeatedly."
Khadr, 23, is being held by the Americans at Guantanamo Bay, Cuba, for allegedly throwing a grenade that killed a U.S. soldier in Afghanistan seven years ago.
The Conservative government strongly opposes his repatriation, but his lawyers and several intervener groups - including Amnesty International, Human Rights Watch and the Canadian Bar Association - argued Friday that Canada should seek his return.
The high court will ponder the positions further before delivering judgment.
MP Pierre Poilievre, parliamentary secretary to the prime minister, welcomed the American decision to revive proceedings against Khadr and repeated the Harper government line.
"We acknowledge the decision of the Obama administration to prosecute Omar Khadr through the U.S. military commission system and we believe the U.S. military process announced today should run its course," he said.
"Any decision to ask for Mr. Khadr's return to Canada is a decision for the democratically elected government of Canada and not for the courts."
Poilievre refused to clarify if his statement means the government would ignore a Supreme Court order to seek Khadr's return.
NDP justice critic Joe Comartin said Polievre is simply wrong. "He doesn't understand the constitutional framework of this country."
American military court proceedings were initiated against Khadr four years ago and the Tories have rejected a growing chorus of calls to deal with him on Canadian soil.
The keenly anticipated Supreme Court of Canada ruling will help determine Khadr's legal fate.
Frater said Friday the Canadian government took many steps over the years to assist Khadr but stopped short of asking for his return from Guantanamo.
"It drew a line."
Documents show Khadr's captors threatened him with rape, kept him isolated and deprived him of sleep by moving him from cell to cell.
Canadian officials questioned Khadr at Guantanamo and shared the results of their interrogations with the Americans. A highly publicized video in which a teenaged Khadr cries for his mother sparked a global uproar last year.
Nathan Whitling, counsel for Khadr, argued Friday that returning his client to Canada would help "lessen the harm" he has suffered.
Chief Justice Beverley McLachlin said while there's no doubt Khadr had "suffered greatly," she wondered how repatriating him would fix what's now in the past.
Whitling said Khadr's predicament amounted to "a unique case."
While acknowledging the matter was complex, he asked the nine-member court for a swift decision.
The Federal Court of Canada ruled in April that the Conservative government must ask the United States to return Khadr "as soon as practicable."
It said Canada's refusal to request his repatriation offends fundamental justice and violates Khadr's constitutional rights to life, liberty and security of the person.
The Federal Court of Appeal rejected the government's bid to overturn the decision, saying the conduct of Canadian officials who interviewed Khadr at Guantanamo amounted to "knowing participation" in his mistreatment.
The appeal court said the principles of fundamental justice do not permit the questioning of a prisoner to obtain information after he has been subjected to cruel and abusive treatment to induce him to talk.
Frater denied the Canadian government was complicit in any abuse of Khadr. He urged the court to avoid opening the door to perpetual second-guessing of Canada's efforts on foreign relations.
Alex Neve, secretary general of Amnesty International's Canadian chapter, later told reporters the case was not about foreign policy.
"This is about protecting fundamental rights under the Charter. It's not second-guessing."
Details of the pending U.S. proceedings - including when and where they might take place - weren't clear Friday.
"We'll look at the Khadr matter," said U.S. Attorney General Eric Holder, "and we will, as that case proceeds, see how it should be ultimately treated."
Dennis Edney, who also represents Khadr, rejected the notion the U.S. move bolsters the Canadian government's position that American proceedings must be allowed to run their course.
Edney said it's "a fiction" that Khadr will receive due process before the military commission.
"It just says our government is foolhardy, is blind and it doesn't consider the human rights of a Canadian."
Barry Coburn, one of Khadr's U.S. lawyers, said he was deeply disappointed by the American decision to continue its prosecution. "I'm devastated."
Coburn said the military commission process, though undergoing an overhaul, falls short of the standards of fairness afforded by the U.S. federal courts.
"Why they're not appropriate in Mr. Khadr's case is something that I do not understand."
In May 2008, the Supreme Court ruled in a separate case that Canada had taken part in a foreign process that breached its international human-rights obligations.
The Khadr family has gained notoriety for apparent longstanding ties to al-Qaida leader Osama bin Laden.
Omar's father, Ahmed Said Khadr, was a purported extremist and financier for bin Laden's terror network. He was killed by Pakistani forces six years ago.
A brother, Abdul Karim, was paralysed by wounds suffered in the firefight.
Copyright © 2009 The Canadian Press. All rights reserved.