Canadian response to Omar Khadr

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A Canadian captured by American forces in Afghanistan at the age of 15, Omar Khadr has often been seen as less important than what he represents in Canada. His attorney Dennis Edney has summarised the differential response towards Khadr stating that "one of the problems" with defending the youth is that he's a member of the Khadr family rather than "a Smith or an Arar"^[1]

For several years following Khadr's capture in 2002, his case did not generate any "serious controversy".^[2] Once his military tribunals began however, his case drew considerable attention as a child soldier, with commentators seizing on the fact he is the youngest prisoner held in extrajudicial detention by the United States to face charges in the War on Terror. By 2007, interest in his case had grown exponentially although Canadians remained divided on whether he should be repatriated.^[3][4]

The only Western citizen remaining in Guantanamo, Khadr is unique in that Canada has refused to seek extradition or repatriation despite the urgings of Amnesty International, the Canadian Bar Association and other prominent organisations.^[5][6][7]

Canada's three main opposition parties, the Liberals, NDP and Bloc Québécois, have all condemned Prime Minister Stephen Harper for refusing to demand the United States turn Khadr over to Canadian authorities.^[3][8] Prior to Harper's election, two consecutive Liberal Prime Ministers had failed to make the same demand. In April 2008, Bill Graham, the former Foreign Affairs Minister, said that he regretted not having done more to help secure Khadr's release or repatriation while the Liberal government was in power.^[9]

The broad support for some Canadians imprisoned abroad such as Brenda Martin, and the inaction and lack of attention paid to Khadr's situation has led some to suggest there are "two classes of citizens arrested abroad" in Canada, based on racism, the popularity of the imprisoned person or Canada's relations with the imprisoning country.^[10][11]

[edit] Early reaction

On September 5 2002, Prime Minister Jean Chretien said that he would ensure "due process and proper access to Canadian officials" for Khadr, and that he would be treated "in the same way that we deal with any Canadian arrested in any other country."^[12]

In 2002, prior to his position as Prime Minister, Alliance Party leader Stephen Harper commented that Omar Khadr represented "Canada being a platform for activities that are dangerous to the Western alliance."^[13] When Foreign Affairs began making press statements on the case through Henry Garfield Pardy that year, legal adviser Colleen Swords sent him an eMail telling him to "claw back on the fact [Omar] is a minor" in his statements on the case.^[14]

[edit] Later developments

The Canadian population remains divided on Khadr's case, with nearly equal numbers believing he should be left in Guantanamo for the Americans to process, or that he should be repatriated to Canada. In 2008, 67% of Canadians believed that Khadr faced an unfair trial at Guantanamo, although only 43% believed that meant he should be repatriated to Canada instead.^[15][16]

In April 2008, the Canadian House of Commons Sub-committee on International Human Rights convened the country's first hearing on whether the House should request repatriation of Khadr to Canada. Witnesses included Senator Romeo Dallaire, Foreign Affairs Minister Maxime Bernier, defence attorneys William C. Kuebler and Rebecca Snyder, and the UN High Commissioner of Human Rights Louise Arbour.^[17][18] The hearings led Liberal senator Romeo Dallaire to state he was "going to be a pain" and "harass" the Conservative government until they intervened in the case.^[19]

[edit] References