The Right Thing To Do

No matter how detestable Canadians may find Omar Khadr, leaving him imprisoned in Guantanamo is not the answer.

By now, most Canadians are aware of Omar Khadr and his infamous family’s ties to Al Qaeda. We have also heard numerous horror stories about the Guantanamo Bay detention centre. I would hazard a guess that most Canadians do not want Omar Khadr or members of his family living next door to them. Nor would they wish to have a known terrorist walking freely in our streets, our subways, or supermarkets. But the fate of Omar Khadr in relation to his current imprisonment at Guantanamo should concern all Canadians who value our constitutional democracy and the Charter of Rights and Freedoms.

After being enrolled in a terrorist training camp by his mother, the fifteen-year-old Khadr found himself fighting in a war against the U.S. Army and coalition forces following the 9/11 attacks. He now stands accused of throwing a grenade that killed an American soldier. Khadr was brought to Guantanamo Bay where he was the youngest detainee in the facility.

In 2004, following a round of torture consisting of prolonged periods of sleep deprivation, Khadr was interrogated by Canadian officials. The information gleaned during that interrogation was shared with American officials and most likely has contributed to Khadr’s continued detention at Guantanamo. Every other industrialized country has successfully sought the repatriation of their citizens held at the prison. Canada remains the glaring exception.

The recent decision of the Supreme Court of Canada to overturn a lower court’s ruling that the government must seek Khadr’s repatriation comes at a most unusual and disturbing time in Canadian political history. Just recently, the prime minister had the Governor General prorogue Parliament following the commencement of legislative committee hearings inquiring into allegations that Canadians handed over Afghan detainees to Afghan authorities without seeking any assurances that the detainees would not be tortured. This is also only one month after the government appointed a handful of new Senators who would support their “law and order” agenda so that the opposition members of the “obstructionist” Senate would stop critically examining their legislation.

In making its decision, the Supreme Court clearly stated that, by participating in the interrogation of Khadr at a prison that is essentially illegal according to international law, the Canadian officials breached Khadr’s rights to life, liberty, and the security of the person as secured by section seven of the Charter. Section seven is at the core of not only Canadian values, but values that underpin western society.

Legally, once a Charter breach has been established, the court then considers the appropriate remedy. In this case, because Khadr’s repatriation is a matter of international relations – an area that is the sole responsibility of the federal government – the court wisely shifted the onus back to the government to formulate a response. Generally, the government would then seek a remedy to a Charter breach itself. The Harper government, however, has stated that none would be forthcoming.

This clear dismissal of the Supreme Court’s decision and the refusal to respect the human rights of an unpopular Canadian citizen has exacerbated an already concerning situation in which the government has declined to deal with human rights violations alleged against Canadian officials. It appears that there is no appetite in the government to have anyone question their wisdom on a number of issues, not the least being their record on human rights.

Clearly, the government should seek Khadr’s repatriation. He is not only sitting in detention in Guantanamo, but he is also facing trial by military commission while many of his fellow inmates will be tried with more commonly accepted criminal justice standards in federal courts in New York.

Even if bringing a member of Canada’s most notorious terrorist-supporting family back to Canada is difficult to stomach, we must do it. Canada has a history and reputation of being a fair and honest democratic nation that promotes peace and stability at home and abroad. While the government may not appreciate being questioned or pressured to make decisions on issues they’d prefer to ignore, it’s the only decent and legally consistent response in this situation. The threat to our democratic principles and the rights contained in the Charter are much larger than the threat posed by dealing with Khadr fairly in Canada.