Canada Court Wants Gitmo Detainee's Return

One of the Youngest People Ever Charged with War Crimes, Omar Khadr is Last Western Detainee at Prison

(CBS/AP)  Canada's Federal Court of Appeal upheld Friday a lower court ruling ordering the Canadian government to seek return of the last Western detainee at Guantanamo Bay.

Prime Minister Stephen Harper has steadfastly refused to get involved in Omar Khadr's case, saying the United States legal process has to play itself out.

Harper noted Friday the Court of Appeal's 2-1 majority ruling was a "split decision" and said Canada's justice department would review it. The government can appeal to the Supreme Court.

Khadr, a Toronto native, is one of the youngest people ever charged with war crimes. He was 15 when he was accused of killing an American soldier with a grenade during a 2002 battle in Afghanistan.

Khadr was the subject of a 60 Minutes story in 2007, in which Bob Simon examined the teenager's unique status as the only minor in modern history to face war crimes charges.

The Obama administration is reviewing Guantanamo cases to determine whether the remaining prisoners should be tried in U.S. courts or released to other countries.

A judge ruled in April that Canada must ask the U.S. to return Khadr home. It said Canada's refusal to request his repatriation offends fundamental justice and violates Khadr's constitutional rights.

The government appealed but the Court of Appeal dismissed the government's appeal on Friday in a majority 2-1 decision.

Canadian officials questioned Khadr at Guantanamo and shared the results of their interrogations with the U.S.

The appeals court said Canadian officials violated Khadr's constitutional rights by permitting the questioning of him after he had been subjected to cruel and abusive treatment.

"It's about time for Mr. Harper to follow the rule of law and now make real efforts to bring Omar Khadr home and not delay the process any further by further appeals," Khadr's lawyer Dennis Edney said.

The government, however, held out the possibility of appealing the ruling.

"The Federal Court of Appeal has just issued its ruling in the case. It is a lengthy judgment with a strong dissenting opinion. The Government of Canada will review it carefully," said Catherine Loubier, a spokeswoman for Foreign Minister Lawrence Cannon.

Khadr is now 22, and his lawyer said he would be willing to face prosecution in Canada and undergo a transition period away from his relatives, who have previous ties to al Qaeda.

Khadr's lawyers contend Canada was complicit in what they say was Khadr's torture and maintain Harper is obliged under international law to demand the prisoner's return.

Canada's three opposition parties have demanded the Conservative government bring Khadr home.

Khadr has received some sympathy from Canadians, but his family has been widely criticized and called the "first family of terrorism."

His father was an alleged al Qaeda militant and financier who was killed by Pakistani forces in 2003. A brother, Abdullah Khadr, is being held in Canada on a U.S. extradition warrant, accused of supplying weapons to al Qaeda. Another brother has acknowledged the family stayed with Osama bin Laden.

[hermes2009]

Send this kid home already!!!

[babooph]

I noticed in my US passport one can lose US citizenship for joining a foreign military[ not so aware about Canada],US citizens in the Israeli army are not having any problem& are even lauded for this behavior-I always wonder when I see the Arab civilians trashed ,if the US propaganda system is hiding something RELEVANT.

[speakinup22]

And, People in hell want ice water.

This little twerp is lucky to have survived the battlefield.

[Ferrell-2]

I don't know all of the legal perameters of this case but the guy is a Canadian citizen and it seems to me he should be sent back there for final sentencing. I understand they don't want him but neither do we.

[pensacola8-2009]

Each one of those detainees has a different situation that applied at the time of their capture. Some were just following orders to defend their nation against invaders, while others may actually have some authority to make decisions in mission planning or foreign policy for their organization.

We must make a determination and apply a process that is fair. This whole detainee legal quagmire keeps uncovering more and more evidence that US citizens were deeply deceived by high level leaders who officiated in the Bush Administration. We could find a prosecution against the vice president more appropriate, but difficult.

[oppdetont]

I agree with you bobby1799, I am also a Canadian and do not want to see this terrorist releashed on the streets of Canada or in our prisons.
Omar Khadr should recieve life in prison without any chance of parole and not in Canadian prisons.

[hermes2009]

Do you have any evidence at all to support your theory that this man is a terrorist that the rest of us do not have, or are you spouting of non sense, due to your bigotry? What crystal ball have you been gazing into?

[bobby1799]

I for one as a Canadian don't want him back. Keep him he is yours, charge him and let him do the time.

[speakinup22]

gdin23 - deal with reality, Obama is not in this equation.

[hermes2009]

What you want is not the issue here. Is not a Canadian citizen, or not? Since he is a Canadian ha should be returned to Canada.