Khadr’s facing charges of attempted murder, and the murder of a US soldier during a firefight in which he took part in Afghanistan, in 2002. He’s now 22-years-old, and has been in prison at Guantanamo Bay for the last six years. Earlier this year Canada’s Federal Court ordered the Canadian government to bring Khadr home.
Federal Court Ruling on Khadr Case A Split Decision
In the original ruling, it was argued not bringing Omar Khadr home violates his rights. In the appeals court ruling two judges agreed. They argued the original ruling said the government’s continued refusal to bring Khadr home constituted a violation of his constitutional rights to life, liberty, and security of the person. They ordered the government to request the Americans return Omar Khadr as soon as possible.
The one dissenting opinion came from Justice Marc Nadon. In his ruling he argued the original ruling from Justice James O’Reily interfered with Canada’s ability to conduct its foreign affairs. In parts of it published on CBC.CA Nadon argued Khadr’s return was a matter best left up to the executive branch: “Whether Canada should seek Mr. Khadr’s repatriation at the present is best left up to the executive.”
The Khadr family has been nicknamed the first family of terrorism because of rumoured ties to Osama Bin Laden. His father was said to be one of Bin Laden’s financiers, and one of his brothers is being held on an extradition warrant by Canadian authorities for supplying weapons to al-quadia. Omar Khadr is the only foreign citizen left in Guantanamo Bay.
Political Reaction to Federal Court Ruling
Prime Minister Stephen Harper has refused comment, saying he’ll wait for recommendations from the Justice Department. That hasn’t stopped the opposition parties from commenting. Liberal Foreign Affairs critic Bob Rae said in comments published by the Canadian Press said the latest ruling blew the government’s case: “I think the government’s case has been blown completely out of the water.”
The NDP (New Democratic Party) critic Paul Dewar agrees, adding in the same article the government must now do the right thing: “There’s no response left now accept to bring him home.” Earlier this year in a rare show of unity, all three opposition parties sent a letter to US President Barack Obama requesting Khadr’s return. They argued because he was aged 13 when recruited by al-quadia he could be considered a child soldier.
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