Army Guy

SCOTUS did not hand out the sentence, in fact the tribunal handed out the sentence....And yet the Supreme court did nothing to over turn the sentences, just made some comments....Another question if the US supreme court thought it was wrong, why did the Canadian Justice system not question it......instead of agreeing to have omar finish his sentence here in Canada.

No proof.....Are we now claiming he did not work for a terrorist organization, Al-Qaida....Or did they change that law that forbids a Canadian citizen to partake in terrorist activities. Are you saying that he does not meet any of criteria for treason. How about any of the laws in Afghanistan..... Yes all US military JAGS have law degrees equivalent to civilian law degrees, i could pull that up in google if you want.....You can call it what ever you want, however the military tribunal has tried military convicts, and military prisoners of war for decades, and none of those convictions have been over turned because someone in the Supreme court did not like it...or agree with it.....Now this brings up another question, why has Our justice system agreed with the conviction, the fact that he served out the rest of his sentence in a Canadian prison.....This has got to say something.....if the sentence was bogus why was he not pull out of prison, or his conviction over turned....by our justice system.... it leaves us with More questions.....

The SCOTUS was deemed to be illegal, and what part of Omars sentence was handed out by SCOTUS, and why was it not over turned by our Canadian justice system.

Yes, the proper courts have turned a blind eye to all the other charges that had the proof to meet all the criteria of Canadian laws....The question is why ? Not sure where or what the "not take the word of a bunch of military wonks who really know nothing about, of have no need to respect, the due process" means, Those that served as prosecutor and defense lawyer were Military lawyers, the same qualifications as any civilian lawyer....the Military tribunal was over seen by once again military lawyers...

Yes because, any violation of human rights, regardless of what they are.... takes precedence over any other laws on our books...That is the message of all of this....a message received load and clear across the country.......Not to mention the failure of our entire system, be it our justice system, that should have charge Omar with all the rest of laws he broke....They instead concentrated on his Human rights, and the fact he was a Child soldier, totally forgetting or forgiving his other possible criminal charges he committed.....Not to mention the same charges his other family members committed....

I think the Military is currently struggling with major issues such as sexual misconduct and everything that is included in that, so it is super sensitized to any other problem areas that might be deemed as incorrect behavior by Canadians....Conduct unbecoming should have been used, if it was not plastered all over the media....Now the CDS has to puff out his chest, and taking a firm stand....And I under stand why, not so long ago these types of groups such as racists, along with many other factors played a part in destroying the Airborne Regt. This sends a strong message to the rest of DND, but also to the public `we had a problem now we don`t`` time for everyone to relax....

Sgt Speer, was part of a special forces team, a team that is made up of several men with different specialties, some having multi specialties....Such as communications, sniper, marksmen, explosives, intel, or combat medic.....just to be clear all are armed, including the Combat medic.....yes today medics are allowed to be armed, with side arms or long rifles, they can engage the enemy to protect themselves or any wounded, all without losing there protections claimed by the conventions.... One does not have to be wearing a red cross arm band to be protected under the convention, such as padre or chaplin, medical doctor, etc etc...all one has to be doing is, it is assumed they are protected while carry out their duties, that being said the convention also says a medic can use a wpn to protect himself or his wound in event they are targeted by enemy soldiers.... Conditions not depriving medical units and establishments of protection ARTICLE 22 The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19 [ Link ] : (1) That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge. (2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort. (3) That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment. (4) That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof. (5) That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick. https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/ART/365-570027?OpenDocument

, I tend to agree with squid here, I know I can't believe I said that....But military members are held to a higher standard, regardless of being on duty or off duty....belonging to such a group with questionable back grounds or motives should have career implications....nor should it be tolerated for a lot of reasons, it does not match well with the things the Military wants in each member, like duty, honor, team work, loyalty to country, /military/ unit....

What Oil companies.....let me repeat this , no pipe lines, no oil being drilled for...... The first Afghan election seen a massive turn out, more than Canada has ever seen during its own federal elections......some of the people walked for days to get to a voting both, under the threat of death by the Taliban.....so yes Democratic.....they picked the leader they wanted.....

considering most NATO countries pulled out in 2014, leaving a skeleton force to maintain peace your right, a lot of the country has a Taliban presence.....but that was what the people in the west wanted, they wanted out , even before the job was done.....our government left, leaving Afghan to fend for itself....sorry we can't help you any more, we are leaving because our people grow tired of seeing this conflict on the tv.....what message did that send, sorry we are not reliable to help you out in time of crises, our people do not have the patients. The fact that while NATO was there the Taliban controlled very little to none of Afghanistan.....

Yes to some we were terrorists,to most we offered them democracy and they took it along with everything that went with it..... not many Afghans wanted the taliban back,

I'm not coming to his rescue, he is after all only dealing with the "likes of you".....what does that really mean anyways mr moderator, "the likes of you".... i guess your not finished being a dick today....Maybe it is time for you to hang up the old moderator badge, where your are supposed to be in the middle of the road, keeping the fringe in the center lane, keeping the flow of the conversation going..... not making rude comments, because you can......looks like the position claims another jaded liberal who has been beaten to the ground by those that hold different opinions, not of the pre approved opinions of Michael Hardner....., and yet your highness does nothing when our favorite conspiracy theorists manages to steer every topic into one of science, and explosives...well done sir, well done.....

Maybe you should post a list of topics that meets your newly established list of approved topics....or perhaps stick to moderating, that would be something new .... instead of attacking other posters because you feel like being a dick today....

Omar was captured by the US military, therefore their Prisoner....their responsibility, Gitmo was the site they stored all their prisoners for lack of a fitting term.... I am not defending what happened at gitmo, nor do i condone the use of mild torture to obtain info. and no it is not illegal, it does say that everyone should be classified as soon as possible, what i mean is there true identity handed to them, ie POW, illegal combatant, terrorist, spy etc etc...then criminal proceedings can take place.....that being said any nation can hold POW's forever, normally at the end of the conflict pow exchanges happen....here the conflict is not over, it was only through Canadian government intervention that omar is not still in US prison or given the lethal injection....whoops we forgot that part.....what should have happened is he should of been handed over to the Afghan government once his US sentence completed....i wonder if they would agree to a pay out, i think they would have handed him a shovel and dragged his ass out into the desert..... Remember he was a US prisoner, in their charge, and Canada was not lobby to have him brought back to Canada very hard, i mean what would we do with him, give him his own jail....that and the fact can you imagine how much media would have been generated on a treason charge.... I do not know why Canada did not charge him with any crimes he committed....my guess would be the government of the day wanted the whole thing to blow over.....and die.... Civilian deaths are covered under the conventions, they are to be minimised , they can not be eliminated totally.....this is war and death plays a huge role in it, and for the most part the civilians pay a huge price, normally the largest price....after all this is not lazer tag....don't mean to sound cold, but the nation needs to know that each time we send our military to the worlds shit holes to peace keep or make peace that it comes at a cost.... He is a terrorist , nothing more he is not afforded any rights under the convention, except the bare minimum....had he been part of another military yes he would have been treated differently,

that's not what the pictures show when US military members were treating Omars wounds on the battle field....now there may have been some dressed in afghan garb, but they carried wpns openly and if you check the Conventions that is one of the requirements.... 4.1.2 Members of other militias and members of other volunteer corps, including those of organised resistance movements, provided that they fulfill all of the following conditions: that of being commanded by a person responsible for his subordinates; that of having a fixed distinctive sign recognisable at a distance (there are limited exceptions to this among countries who observe the 1977 Protocol I); that of carrying arms openly; that of conducting their operations in accordance with the laws and customs of war.

Apparently you don't follow the law .....he was not in a defending force....he was in a terrorist group....hence the unlawful combatant....both are against canadian law..... but here is the ball buster, he was a canadian....hence why we are having this conversation....not afghanis, so no defending the home.....family or friends sorry....according to the law.....he was an unlawful combatant, that's code for terrorist....or legitimate targets...to be shot on site, he is very lucky to be alive because terrorist are not normally afforded second chances....normally they are sent to pick up their 72 virgins.....

And screw all the rest of the people he denied basic human rights to....

The law was intended to protect civilians, or non combatants as they don't wear a uniform, or armband , or carrying firearms openly all of which that denotes combatant

The list of legal combatants are listed in the conventions....so the answer to your question is No, but Omar does not fall into any of those categories.

Lets start with treason: Under s46 of the Criminal Code, a person commits "high treason" who wages war against Canada or does any act preparatory thereto,Plus there is this passage he is also guilty of......assists an enemy at war with Canada or any armed force against whom Canadian forces are engaged in hostilities, even if no state of war exists. The punishment for high treason is life imprisonment, without parole eligibility for 25 years discloses, without lawful authority, military or scientific material to agents of a foreign state, if he or she knows or should know that the material may be used to impair Canada's safety or defence, engages in certain listed conspiracies or attempted offences. The punishment for treason is life imprisonment; normal parole rules apply. Canadian citizens and persons owing allegiance to Her Majesty in right of Canada who commit acts of high treason or treason are punishable under Canadian criminal law even if the acts were performed outside Canada. All the above was not collected in his many interviews,or interrogations but rather his selfie tapes, where he freely brags of doing all the above on tape siezed at the battle site.... War crimes: Genocide, Crimes Against Humanity and War Crimes The Crimes Against Humanity and War Crimes Act officially criminalizes genocide, crimes against humanity and war crimes based on customary and conventional international law, including the Rome Statute of the ICC. Defining these crimes in Canadian law allows Canada to take advantage of the complementarity provisions under the Rome Statute. http://www.international.gc.ca/court-cour/war-crimes-guerres.aspx?lang=eng below is one crime listed as a war crime under the laws of war, or conventions : planting mines for coalition soldiers is engaging in the conflict.....planting mines that may of killed Afghan civilians is a violation of afghanis human rights along with afghanis law, not to mention Canadian law....no ever mentions the rights of the every day afghans that were kicked around like a dog by the same terrorist group omar claims he was in, all of this gets over looked because he was 15, and he was Canadian....and yet here at home, we have 15 year olds answering for their crimes including murder, etc etc....in fact war tribunals have convicted young adult offenders with adult sentences.... An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war. An unlawful combatant may be detained or prosecuted under the domestic law of the detaining state for such action, subject of course to international treaties on justice and human rights.[1] https://en.wikipedia.org/wiki/Unlawful_combatant Here in Canada we also have the anti terrorist laws, that prevent Canadian citizens from taking part in such activity....more laws and more charges.... https://en.wikipedia.org/wiki/Canadian_Anti-Terrorism_Act That is just a few, we have not even gotten into the laws he broke in Afghanistan, while he was a member of a world known terrorist group, while he started by providing intel to terrorist organizations on convoy movements, troop strength, etc later moving on to building IED's for coalition convoys....but also afghanistan civilians who happened on to them before coalition forces did....

Inter national law states that even a child soldier can be held responsible for their actions on a battle field.....It is recommended, and I will say that again it is recommended to over look war crimes committed by children you might want to take a closer look at that convention Canada signed on to. There are lots of laws that were in place before 9/11, how about treason, or taking up arms against Canadian military forces, ....those are two there are plenty more....

I hope that all Canadians take a step back and see this pay out for what it is really.....to correct a mistake by our government and a few actions of people that work within it....i still can't believe that someone is not being held responsible......We are willing to go as far as pay out a massive amount to a convicted terrorist to save face......but we are not willing to take a hard look at how we treat our men and women in uniform, be it giving them the equipment they need, or improving the Vets pay out for injuries received fighting for our own country.....I guess if you want to make any money out of fighting it has to be done against our country......not for it.........this payout to one terrorist is equal to 30 payouts of maxims value to our own soldiers, I should add that getting a maximum allowed payout is like seeing a live unicorn under your tree Christmas morning.....yes Omar's rights were violated, but when does violating human rights over turn everything else attached to this issue......including all the laws he did mange to break, we forget how many other human rights violations did he commit in the course of all his adventures.

Are you suggesting that he did not commit any crimes, not one Canadian law, inter national law, Geneva convention, that he comes out smelling like roses.

Thank you, I wish more Canadians felt this way.....

Your a dick.....she lost her husband, her children lost their father, who was serving his country, as a medic I might add....Omar and his family has been nothing but a burden to the country, soaking in free medi- care for wounds received while committing terrorist acts in Afghanistan, and fighting against a coalition that included Canadian soldiers .and now you've claimed she should be ashamed....It is funny that the entire country is fallen in love with this terrorist, totally forgetting he was a terrorist, that has admitted to placing IED's on road networks in Afghanistan.....I country I might add that classifies him as a foreign terrorist, a Canadian citizen I might throw that in as well....A traitor to his own country, not to mention the crimes committed by the entire family....and some how he has become a poster child for Canada.....the only ones that should be ashamed is those that hold him in such high regard....