Omar Khdar

[Topaz]

The Appeal Court of Canada has upheld an order for the Canadian govt to ask the US to repatriate Khadr at Guantanamo. The Tories are still fighting this order because they said it could damage the relationship with the US. Is that all they could come up with for an excuse??? http://ca.news.yahoo.com/s/afp/090814/cana...tice_guantanamo

[tango]

From your link:

The government argued before the appeal court that it should have "unfettered discretion to decide whether and when to request the return of a Canadian citizen detained in a foreign country."

It is "a matter within its exclusive authority to conduct foreign affairs," said government lawyers, according to court documents.

But the appeal court ruled "there is no factual basis" to conclude the order presents "a serious intrusion into the Crown's responsibility for the conduct of Canada's foreign affairs."

"The Crown adduced no evidence that requiring it to request Mr Khadr's return would damage Canada's relations with the United States," wrote Judge Marc Nadon in the two-to-one decision.

Thank goodness the court is still responsible for the law. Otherwise, Harper would be free to 'dictate' as he would like to.

There certainly still is value in the checks and balances built into the system, to control the maniacal tendencies of such as him.

I'm curious whether Harper will appeal to the Supreme Court. What an idiot he is making himself!

[jdobbin]

I'm curious whether Harper will appeal to the Supreme Court. What an idiot he is making himself!

I have no doubt that he will.

I suspect the only way he comes back to Canada is when the U.S. drives him to the border. At that time, we will have to see if Harper can do anything about a Canadian citizen coming back to the country.

[Moonbox]

I hope they don't let him back in. He has no business here.

[Bonam]

I'm curious whether Harper will appeal to the Supreme Court.

Hope so. The longer we keep Khadr out the better. You just know that the moment he comes back our courts will let him go free.

[jdobbin]

I hope they don't let him back in. He has no business here.

Perhaps Harper will strip him of his citizenship.

[Argus]

Perhaps Harper will strip him of his citizenship.

I'd like to send the whole lousy clan of them back to whatever backed up toilet spawned them.

[jdobbin]

I'd like to send the whole lousy clan of them back to whatever backed up toilet spawned them.

I don't know which law Harper could use to strip citizenship from someone. I suppose it is possible but one wonder why he hasn't done it already.

As I said, I suspect that Khadr will eventually show up at our border and the government won't has a response.

[Shady]

Khadr can come back to Canada when Obama shuts down the Guantanamo Bay facility. As the saying goes, if you can't do the time, then don't do the crime.

[monkeyman]

I'd like to send the whole lousy clan of them back to whatever backed up toilet spawned them.

As I said, when a White person will commit a murder or a horrible crime, no one will ask that his citizenship is removed. But if it's a Muslim, then it's pretty simple, isn't it!!!

[Shady]

As I said, when a White person will commit a murder or a horrible crime, no one will ask that his citizenship is removed.

It depends. If it's a white immigrant from a certain part of the world, committing a murder that many fellow immigrants of the same group have committed and are committing, then it might be looked into.

[DogOnPorch]

As I said, when a White person will commit a murder or a horrible crime, no one will ask that his citizenship is removed. But if it's a Muslim, then it's pretty simple, isn't it!!!

Islam is a religion and it is practiced by people of all 'colours' including 'white' people. As well, being critical of a religion isn't racism even though certain religious groups/countries would like to see it included in various UN resolutions as such (racism see: Durban II)

[noahbody]

But if it's a Muslim Al Qaeda, then it's pretty simple, isn't it!!!

Edited for clarity.

[Oleg Bach]

Jail a 15 year old boy so the corporate elite can feel tough - make sure this corporate elite is not embarrassed - hold the fresh faced young boy untill he is older - and has a surly beard - and then call the boy - "Mister" as Harper the corporate shrill said - 6 years after the fact "MISTER Khdar is charged with some serious crimes" - He could not have done that 6 years ago - the corporates would have looked rediculous - slamming a child -so they waited....shame on them.

[M.Dancer]

He should upon the release by the US (hopefully after 20 years in a federal prison) be sent to afghanistan to stand trial there.

[tango]

It's apparent that some of the most negative voices here against Omar have not been paying attention to the details of his case: Ignorance and discrimination are poor excuses for victimizing an innocent person, imo.

First of all, Omar was born in Canada. You cannot "strip him of his citizenship" as he has no other citizenship and a person cannot, by law, be left 'stateless'.

Secondly, the US soldiers who were present at the incident stepped up and told the truth, in Omar's defence: Omar could not have thrown the grenade as he was injured and buried in rubble at the time.

Also, forensics showed that the grenade was a US issue - ie, a 'friendly fire' accident.

Finally, the international covenant on 'child soldiers' has never yet been honoured in his case, by the US or Canada.

Harper is just going to have to suck it up and choke this down, because Omar has every right to be returned to Canada. If 'HarperCanada' wants to try press charges here, so be it: Our courts can figure out the truth.

[Keepitsimple]

Funny how the article did not indicate that the Federal Court decision was not unanimous. In fact it was a 2-1 decision - showing that even the Judiciary is really unsure of how to treat this case.

But in a dissenting opinion, Justice Nadon argued that O'Reilly erred in determining that Canada has failed to protect Khadr, assuming it had a duty to do so under the Charter of Rights and Freedoms.

"In my opinion, Canada has taken all necessary means at its disposal to protect Mr. Khadr during the whole period of his detention at Guantanamo Bay," Nadon wrote.

Nadon also agreed with the government's argument that O'Reilly went too far in placing the repatriation order.

"In my opinion, the remedy granted by (O'Reilly) exceeds the role of the Federal Court and is not within the power of the Court to grant," Nadon stated.

Link: http://www.calgaryherald.com/news/Khadr+sh...3935/story.html

[tango]

Funny how the article did not indicate that the Federal Court decision was not unanimous. In fact it was a 2-1 decision - showing that even the Judiciary is really unsure of how to treat this case.

Link: http://www.calgaryherald.com/news/Khadr+sh...3935/story.html

Then perhaps Harper will appeal it to the Supreme Court.

However, perhaps he will not too as he may prefer to leave it as a 2-1 decision open to question rather than a clear decision by the Supreme Court.

I think regardless of court decisions, Harper has a responsibility to bring him home and take him off the US' hands: I'm pretty sure they are now embarrassed by their mistreatment of an innocent child, one whom their own soldiers have defended, and I expect they want nothing more than for him to just 'go away'.

[Shady]

I'm pretty sure they are now embarrassed by their mistreatment of an innocent child

But he's not an innocent child. He's a murderer. Would you feel the same way if an American terrorist killed a Canadian soldier? I doubt it.

[tango]

But he's not an innocent child. He's a murderer. Would you feel the same way if an American terrorist killed a Canadian soldier? I doubt it.

You don't know the facts.

I repeat:

... the US soldiers who were present at the incident stepped up and told the truth, in Omar's defence: Omar could not have thrown the grenade as he was injured and buried in rubble at the time.

Also, forensics showed that the grenade was a US issue - ie, a 'friendly fire' accident.

[Keepitsimple]

You don't know the facts.

I repeat:

... the US soldiers who were present at the incident stepped up and told the truth, in Omar's defence: Omar could not have thrown the grenade as he was injured and buried in rubble at the time.

Also, forensics showed that the grenade was a US issue - ie, a 'friendly fire' accident.

You'll need to provide a link for that one....it really depends on who is telling the story - it's probably his lawyer speaking - or someone quoting his lawyer. There were several soldiers at the scene and their stories conflicted - which isn't surprising when grenades are being thrown, your comrade is killed, and there are dead people all around. The whole description of the firefight is in wikipedia:

Link: http://en.wikipedia.org/wiki/Omar_Khadr

Edited August 16, 2009 by Keepitsimple

[tango]

You'll need to provide a link for that one....it really depends on who is telling the story - it's probably his lawyer speaking - or someone quoting his lawyer. There were several soldiers at the scene and their stories conflicted - which isn't surprising when grenades are being thrown, your comrade is killed, and there are dead people all around. The whole description of the firefight is in wikipedia:

Link: http://en.wikipedia.org/wiki/Omar_Khadr

I followed it at the time of the hearings, but you can look it up yourself. Point being ... he has not been convicted of anything and it is not appropriate to label him "a murderer" as you did. Legally, at the time of the incident, he was a child of 15.

Considering this ...

http://www.cbc.ca/canada/toronto/story/2009/04/28/khadr-date-hearings-0427.html

Of the 775 prisoners who have been held at Guantanamo Bay at one time or another since 2001, about 525 were released without charge, many after years of detention, and two have been convicted of offences.

... the odds seem to be in his favour!

Edited August 16, 2009 by tango

[Keepitsimple]

I followed it at the time of the hearings, but you can look it up yourself. Point being ... he has not been convicted of anything and it is not appropriate to label him "a murderer" as you did. Legally, at the time of the incident, he was a child of 15.

Considering this ...

http://www.cbc.ca/canada/toronto/story/2009/04/28/khadr-date-hearings-0427.html

Of the 775 prisoners who have been held at Guantanamo Bay at one time or another since 2001, about 525 were released without charge, many after years of detention, and two have been convicted of offences.

... the odds seem to be in his favour!

I did not call him that....although he has been accused of murder. He is the only "western" prisoner to be accused of murder - all the others were "only" offering support to terrorism and were dealt with in their own countries. That's why his case is different and that's why he has not been repatriated. If he had been accused of murdering a Canadian soldier, he would be back here facing charges......and if found guilty, I'm not so sure that our media would be so quick to say "he's only a child".

[Topaz]

Harper doesn't want his back here and since he has the power of the PMO he will spend out tax dollars trying to get his way and after he tries and if he fails there's another couple million spent out the door, added to the deficit. One thing for sure the Tories will probably lose the Middle-East vote in the election but hey, he has the support of the Jewish community, poor souls. Anyway, here a timeline I found for Khadr. http://www.globalnational.com/story.html?id=1527151

[Keepitsimple]

Harper doesn't want his back here and since he has the power of the PMO he will spend out tax dollars trying to get his way and after he tries and if he fails there's another couple million spent out the door, added to the deficit. One thing for sure the Tories will probably lose the Middle-East vote in the election but hey, he has the support of the Jewish community, poor souls. Anyway, here a timeline I found for Khadr. http://www.globalnational.com/story.html?id=1527151

Doesn't that timeline make you furious? Forgetting that his parents are/were known terrorists who obviously did not want to live in Canada, Omar was born here but was out of the country before he was one year old. One of the few times he was in Canada was in 1992 when his father was seriously injured - so he came back to Canada to recuperate (free medicare after all). Putting aside the argument of child soldiers - this is a perfect example of why there should be responsibilities associated in retaining Canadian citizenship for first generation Canadians. Call it a probation period. By any application of common sense, the entire Khadr family are not Canadians.