Canadian Court Rules Canada Violated Omar Khadr's Rights

Big news today in the case of "child soldier" Canadian Omar Khadr, who was seized in Afghanistan at age 15 and has been held ever since at Guantanamo. He and his lawyers have been preparing for trial by military commission.

The Canadian Supreme Court today ruled Omar is entitled to reports on his detention and interrogation. The Supreme Court of Canada has ordered the federal government to hand over information to alleged terrorist Omar Khadr that it gleaned from interrogation sessions that Canadian agents held with him in 2003.

The ACLU issued this press release (no link yet, received by e-mail):

The Supreme Court of Canada (SCC) ruled today that Canadian officials violated the Canadian Charter of Rights and Freedoms – analogous to the U.S. Bill of Rights – by turning over interrogation records of Canadian citizen Omar Khadr to the United States. The court reached this result after finding that, at the time Canadian officials interrogated him, Khadr was being detained and prosecuted at Guantánamo in violation of U.S. and international law.


“Today’s decision by the highest court of Canada makes a clear statement that the legal system under which Omar Khadr was detained and charged was fundamentally unlawful. While the Bush administration continues to argue that the U.S. Constitution doesn't apply at Guantánamo and that prisoners held there don't have the right to challenge their detention in court, the Canadian court's decision is a declaration that Guantánamo is not an island without law. Notably, the Canadian court's decision is based in large part on the Guantánamo decisions that the U.S. Supreme Court has issued over the last four years.”

We've been criticizing the treatment of Omar Khadr since 2004. All of our coverage is accessible here.

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  • Display: Sort:
    Last time I checked (1.00 / 0) (#7)
    by jimakaPPJ on Sat May 24, 2008 at 12:29:22 AM EST
    He killed a US soldier and was then captured.

    He was not "seized."

    "Khadr is the only Guantanamo detainee who has faced a judge who is not boycotting the military tribunals,[10] and has spent six years in the Guantanamo Bay detention camps charged with war crimes and providing support to terrorism after allegedly throwing a grenade that killed a US soldier.[11] In February 2008, the Pentagon accidentally released documents that revealed that although Khadr was present during the firefight, there was no other evidence that he had thrown the grenade. In fact, military officials had originally reported that another of the surviving militants had thrown the grenade just before being killed."

    If we assume that he didn't throw the grenade, his presence is like a bank robber who's brother robber kills in the act of the crime.

    WONDERFUL NEWS! (none / 0) (#1)
    by Shainzona on Fri May 23, 2008 at 12:32:22 PM EST

    Go ahead folks, vote McCain (none / 0) (#2)
    by sarissa on Fri May 23, 2008 at 12:48:13 PM EST
    For 4 more years of this crap, plus god only how many more when he's diagnosed with some terminal illness and his VP cruises to a sympathy vote victory in 2012.

    Trolling?.. or just a scraping bottom? (none / 0) (#3)
    by jackyt on Fri May 23, 2008 at 01:00:37 PM EST
    Lol, as trolls go (none / 0) (#6)
    by sarissa on Fri May 23, 2008 at 03:12:09 PM EST
    that one was pretty blatant.  I shall endeavor to be more sutle :)

    If the Canadian court (none / 0) (#4)
    by waldenpond on Fri May 23, 2008 at 01:01:53 PM EST
    is ruling on the case, why haven't they sought custody of the child (at the time of detention) at put him in their own justice system?  The Canadian govt looks as disgusting as the US on this issue, using Guantanamo and hiding behind the US.

    It's actually a pretty good, clear (none / 0) (#5)
    by scribe on Fri May 23, 2008 at 01:38:02 PM EST