Harper Must Repatriate Khadr: Judge

Kate Yule
Thursday, April 23, 2009

A Federal Court judge has ruled that the prime minister has an obligation to demand the United States return Omar Khadr to Canada.

Judge Walter O’Reilly says Stephen Harper’s refusal to get involved violated Canada’s Charter of Rights. He says, ‘To mitigate the effect of that violation, Canada must present a request to the United States for Mr. Khadr's repatriation as soon as practicable.’

Khadr, 22, has been held in Guantanamo Bay military prison in Cuba for more than six years. He is accused of killing an American soldier when he was 15.

Harper has always refused to get involved in the case, saying Khadr faces serious accusations, and the American legal process needs to play itself out.

Khadr’s lawyers’ argued that Harper should have sought his repatriation. They say Canada was complicit in the detainee’s torture, and obliged under international law to demand his return.

Khadr’s military-commission hearings are on hold, pending a review of his case.